Divorce

Columbus Ohio Same Sex Divorce Lawyer & Prenuptial Agreement Lawyer

June 26, 2015

COLUMBUS LGBT DIVORCE LAWYER, COLUMBUS GAY DIVORCE LAWYER, COLUMBUS SAME SEX DIVORCE LAWYER, SAME SEX DIVORCE LAWYER, LGBT DIVORCE ATTORNEY, SAME SEX DIVORCE ATTORNEY, GAY DIVORCE ATTORNEY, GAY DIVORCE LAWYER The Law Offices of Virginia C. Cornwell is very excited about the recent U.S. Supreme Court decision which prohibits state bans on same sex marriage! We are here to help our Ohio LGBT clients obtain a divorce or dissolution of their marriage as quickly and painlessly as possible. For couples who are able to agree on terms the parties may be able to have a dissolution with a private judge and avoid going to court all together.

In cases of dissolution, the proceedings can be very fast, as little as 30 days after their court papers are filed, the parties can have a hearing in our office with a private judge, avoid the court house altogether, and move on with their lives.

In cases where divorce is necessary, our experienced divorce attorneys are here to help our LGBT / same sex clients obtain the divorce they need.

For Ohio LGBT clients who have been waiting to marry, but wish to preserve their assets in case of divorce, we are here to help you with a prenuptial agreement.

CALL NOW at (614) 225-9316

Do you want to talk to an attorney about ending your same sex, gay, LGBT marriage (divorce)? Our attorneys are here to help you! It all starts with a phone call.

DISCLAIMER – Read it, it’s important!

Same Sex Divorce in Ohio: U.S. Supreme Court Strikes Down Bans on Same Sex Marriage

June 26, 2015

COLUMBUS OHIO LGBT LAWYER, COLUMBUS OHIO SAME SEX DIVORCE LAWYER, COLUMBUS GAY DIVORCE LAWYER Virginia Cornwell is an OSBA Certified Family Relations specialist who can assist in obtaining a same sex marriage divorce in Ohio.

In a 5-4 decision announced on Friday, June 26, 2015, the U.S. Supreme Court decided that same sex marriage is a constitutional right, and that states may not ban same sex marriage. In Obergefell, et al. v. Hodges, Director, Ohio Department of Health, et al. , the U.S. Supreme Court ruled that

The Fourteenth Amendment requires a state to license a marriage between two people of the same sex, and
States must recognize a marriage of the same sex when the marriage was lawfully licensed and performed out of state

What does this mean to Ohioans? Legally, it means that same sex couples are now be able to both marry and divorce in Ohio.

However, the decision does go on to say: “Finally, it must be emphasized that religions, and those who adhere to religious doctrines, may continue to advocate with utmost, sincere conviction that, by divine precepts, same-sex marriage should not be condoned.” What does this mean to Ohioans who want to have a same sex marriage ceremony? It means that they do not have the right to have their ceremony in a church who does not accept same sex marriage.

The decision anticipates some of the “push back” that may come from states who have anti-same sex marriage laws on the books still, such as Ohio, and deals with the possibility in short measure by stating:

“The Fourteenth Amendment requires States to recognize same- sex marriages validly performed out of State. Since same-sex couples may now exercise the fundamental right to marry in all States, there is no lawful basis for a State to refuse to recognize a lawful same-sex marriage performed in another State on the ground of its same-sex character.”

CALL NOW at (614) 225-9316

Want to talk to an attorney about ending your same sex, gay, LGBT marriage (divorce). Our attorneys are here to help you! It starts with a phone call.

DISCLAIMER – Read it, it’s important!

Financial Misconduct in Ohio Divorce Cases

June 12, 2015

Virginia Cornwell is a Columbus, Ohio Divorce Attorney and OSBA Certified Family Relations Specialist.

What is financial misconduct? According to Ohio Revised Code 3105.171(E)(4), it is a basis upon which an Ohio divorce court can make a distributive award (we will get to that later). That statute says:

If a spouse has engaged in financial misconduct, including, but not limited to, the dissipation, destruction, concealment, nondisclosure, or fraudulent disposition of assets, the court may compensate the offended spouse with a distributive award or with a greater award of marital property.

So what does this mean in plain English? It means if you are getting divorced and your spouse is destroying, ruining, hiding, or getting rid of assets in a sneaky way, the court can give you some of their separate property to punish them. When a court does this, it is called a distributive award.

So what is separate property? Well, the answer to that can be found in the same statute, Ohio Revised Code 3105.171:

(a) “Separate property” means all real and personal property and any interest in real or personal property that is found by the court to be any of the following:

(i) An inheritance by one spouse by bequest, devise, or descent during the course of the marriage;

(ii) Any real or personal property or interest in real or personal property that was acquired by one spouse prior to the date of the marriage;

(iii) Passive income and appreciation acquired from separate property by one spouse during the marriage;

(iv) Any real or personal property or interest in real or personal property acquired by one spouse after a decree of legal separation issued under section 3105.17 of the Revised Code;

(v) Any real or personal property or interest in real or personal property that is excluded by a valid antenuptial agreement;

(vi) Compensation to a spouse for the spouse’s personal injury, except for loss of marital earnings and compensation for expenses paid from marital assets;

(vii) Any gift of any real or personal property or of an interest in real or personal property that is made after the date of the marriage and that is proven by clear and convincing evidence to have been given to only one spouse.

So what does this all mean? It means if your spouse has separate property, and they are playing games with the marital property, the court can remedy this by giving you some of their separate property.

If you believe your spouse is hiding, destroying or transferring some of your marital property, and you would like to talk to one of our attorneys about this, please call us at 614-225-9316.

CALL NOW at (614) 225-9316

Want your questions answered by a live person (either in person or by telephone)? We would be happy to schedule a consultation with you.

DISCLAIMER – Read it, it’s important!

Ohio Temporary Restraining Orders in Divorce

June 12, 2015

OHIO DIVORCE LAWYER, OHIO DIVORCE ATTORNEY, DIVORCE LAWYER COLUMBUS, HOW MUCH DIVORCE LAWYER, PREPARE FOR DIVORCE In Ohio, when a divorce case is filed, it is common for the court to put on a temporary restraining order. Sometimes, the order is only put on if a party asks for it, and the order is one-sided (the party that asks for it gets the order agains the other party only). This is currently the case in Franklin County. In other counties, sometimes the domestic court’s local rules state that the temporary restraining order goes on as soon as the case is filed, against both parties.

It is important to understand the nature and limitations of these orders. They are not domestic violence orders, although they usually instruct the parties not to harass each other. They do not have any provisions that will require a party to give up their guns (unlike a civil protection order / domestic violence protection order). There is no allegation of wrong doing necessary to get these orders. These orders are simply put on to protect the status quo during the divorce, so that the parties remain relatively peaceful while they wait their turn for the court to end their marriage, divide their property and debts, and make orders regarding support and children.

Among other things, temporary restraining orders usually restrain the parties from taking funds out of any of their assets except for checking accounts. This prohibits the parties from dipping into retirement, savings or anything else to finance their divorce. This can seriously disadvantage the party who did not plan for the divorce. One party has all their ducks in a row and the other is unable to afford their attorney.

There are very few good solutions for this problem. An attorney can file a motion for attorney fees, but the attorney fees are not awarded often enough to address the problem or equalize the parties’ financial power, and when the fees are awarded, the awards are often minimal compared to the need.

When people think divorce is coming, they are often afraid to financially prepare themselves for the divorce, because they are afraid that taking the money will hasten the divorce itself. That may or may not be true. Each client is in the best position to judge their own spouse’s potential reaction. However, when a client believes divorce is coming, they need to understand that a temporary restraining order is coming as well, and it may take a while to get to agreement, if agreement can be reached. By failing to prepare for divorce, and for the temporary restraining order that will soon be limiting their access to their assets, people facing divorce are taking a risk of being the disadvantaged party throughout the entire divorce.

CALL NOW at (614) 225-9316

Want your questions answered by a live person (either in person or by telephone)? We would be happy to schedule a consultation with you.

DISCLAIMER – Read it, it’s important!

Who gets the dog in divorce?

April 29, 2015

attorney, lawyer, divorce, columbus, ohio, lawyers, attorneys, divorce lawyer, divorce lawyers, divorce attorneys As much as we love Fido, when it comes to divorce, under Ohio law, Fido is considered property, not a child. Yet we still hear about “custody battles” over pets all the time. Why? Well, the answer is simple. Fido may be legally property, but he may be very cherished property, and the parties do not agree which of them is going to take Fido after the divorce is over.

So what happens then? If the parties cannot agree who will be awarded the dog in the divorce, the Judge will hear evidence regarding such things as who paid for the dog, was the dog owned before marriage, who cared for the dog, and the like. The court is aware that the dog is a living thing and not simply a piece of furniture, and that one or both of the parties are very attached to the dog.

Sometimes courts will make orders such as “the dog travels with the children”, so that the children are never separated from their beloved pet, and the animal visits both households when the children do. If there are no children, the court may still make orders that allows each of the parties to see the dog from time to time, but the parties are hostile, it is more likely that the court is going to award the dog to one party or the other.

CALL NOW at (614) 225-9316

Want your questions answered by a live person (either in person or by telephone)? We would be happy to schedule a consultation with you.

DISCLAIMER – Read it, it’s important!