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
In Ohio, the general rule of thumb is that in the event of a divorce, a spouse will be able to retain his separate property. For a more full explanation of separate and marital property and property division, see http://www.perlalaw.com/blog/how-does-a-domestic-relations-court-in-ohio-divide-property-in-a-divorce/ However, there is a particular exception to the rule that some practitioners may overlook.
In Ohio, a spouse can convert separate property to marital property by making a gift of the separate property to their spouse. There are two essential elements to effectuate a gift.… Read the rest
As the world now knows, Arnold Schwarzenegger fathered an illegitimate child, what many news outlets have referred to as a “love child,” with a member of his household staff over ten years ago. Now Mr. Schwarzenegger has reportedly hired an attorney to prepare for the inevitable divorce proceedings with his wife, Maria Shriver.
Should Arnold’s extramarital affair affect his divorce proceedings? Should Maria be awarded a greater amount of spousal support or a greater share of the marital property to compensate her for Arnold’s impropriety?
These questions are not limited to Arnold… Read the rest