Category: Family Law

5 Big Potential Pitfalls of Being Together Without Getting Married

It is very common for couples to share many of the aspects of marriage without becoming legally married.  They may purchase a home together, have children together, have bank accounts together, etc. While many people have good reasons for such arrangements, it is important to be aware of the myriad of legal pitfalls that can come up. The following is a list of a few.

  1. Purchasing Real Estate Together or Living in Your Partner’s Residence. When a married couple gets divorced, regardless of whose name the real estate is titled to, if it was acquired during the course of the marriage or increased in
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Ohio Common Law Marriage- What you need to know.

Common law marriage was abolished in Ohio on October 10, 1991. However, a common law marriage that existed prior to the abolition date is still valid.

So how do you establish a common law marriage? You must show the following:

  1. An agreement to marry by parties competent to contact. If a party is unable to establish an agreement to marry by direct evidence, indirect evidence can be offered such as cohabitation and community reputation and proof that the parties were recognized in the community as husband and wife.
  2. Cohabitation as husband and wife.
  3. The parties must hold themselves out as husband and
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Child Support and Special Needs Children: The importance of a special needs trust when parents of special needs children are getting divorced or establishing a child support order.

Individuals with special needs may be eligible for government assistance programs like SSI and Medicaid.  SSI is intended to provide financial assistance for food and shelter and Medicaid provides health insurance coverage. Child support payments impact eligibility for these programs and the establishment of a special needs trust when the child becomes an adult can be critical to maximizing child support payments and government benefits for the child.

When the child is a minor and receiving SSI:

When a minor is residing with a parent, his parent’s financial resources are taken into… Read the rest

How to Get Attorney Fees Paid in a Divorce

Who Can Receive Attorney Fees?

Either party can be awarded attorney’s fees (in full or in part) in a divorce action or any action arising from the initial divorce, if the court finds the award to be ‘equitable.’

How Does the Court Determine What is Equitable?

The court considers the parties’ marital assets and income, any award of temporary spousal support, the conduct of the parties, and any other relevant factors the court deems appropriate in deciding what is ‘equitable.’

Will I be paid in Full or in Installments?

The court may specify whether the award of attorney’s… Read the rest

Sofia Vergara and the Fate of an Embryo

Actress Sofia Vergara recently had a public dispute with her ex-fiance Nick Loeb over their frozen embryos. It has been reported that Vergara and Loeb created two embryos. An embryo is created in a lab by fertilizing a woman’s egg with a man’s sperm. When the couple parted ways, Loeb sued Vergara for control of the embryos. Loeb would like to use the two embryos to have children through the use of a surrogate, whereas Vergara wishes to keep the embryos frozen. Prior to creating the embryos, the couple had signed a contract that stated that both parties had to agree to bring the embryos to term. Should… Read the rest