Compassionate Legal Support for Family Matters
At JCurtis Law, we understand that family matters need a compassionate yet firm approach. Our team is here to guide you every step of the way, whether it's a divorce, child custody battle, or spousal support case. We work diligently to safeguard your interests and protect your rights.
Divorce
A divorce commences with a party filing a divorce complaint. Once the divorce complaint is filed, the court will schedule several hearings and a trial date. During a divorce, counsel can obtain temporary orders, require disclosure of assets, liabilities, and income, and restrain certain assets. A divorce can be settled by entering into a separation agreement. A settled divorce will require the parties to enter into a separation agreement that deals with the children’s issues, property division, and spousal support. If the parties cannot reach an agreement, then the court will have a trial and the court will determine the children’s issues, property division and spousal support.
If your spouse has filed a complaint for divorce against you, your tendency might be to put off making major decisions. However, keep in mind that deadlines are involved and taking the first, critical planning steps now can prevent serious regrets later.
Divorce timelines and initial considerations include:
Response. In Ohio, the party served with a complaint has 28 days to respond with an answer and/or counterclaim.
Temporary orders. If your spouse filed a request for temporary orders with their complaint, you have 14 days to file a response to this. The Court will sometimes issue temporary orders without having an initial hearing. Temporary orders address things such as whether one spouse must vacate the marital residence, child custody and visitation, child support, spousal support and the handling of ongoing financial matters. Keep in mind that temporary orders will be in place for the entire time it takes to finalize a divorce settlement or complete a trial.
Property and contested issues. If you have substantial property to divide or believe major issues may be contested in a complex divorce, it is critical to start working with a qualified attorney very early in this process.
Forms can be downloaded online, but because of all the serious issues like child custody, parenting time, spousal support and division of assets and debts, no one should go through that without the help of competent legal counsel. Divorce decrees and parenting plans are difficult to modify so they should be done right the first time. I understand each divorce is unique and personal. The process can be emotionally draining and legally complex. I am committed to providing support and representation during this challenging time. I will work diligently to simplify the process and achieve outcomes that protect your interests.
Dissolution
One of the most common sources of misunderstanding for divorcing spouses is an uncontested divorce or dissolution. Many spouses might have heard this phrase when conducting online research or speaking with family members, but few are totally confident about what it means. The truth is that a dissolution provides several important benefits. Developing a greater understanding of these benefits allows you to move forward with greater confidence.
If spouses agree on how they wish to end their marriage, they may pursue a dissolution. This type of divorce is “uncontested” because none of the important issues are disputed or “contested.” These issues may include:
- Property division
- Child custody
- Child support
- Spousal Support
If you want to pursue an uncontested divorce you need to ensure that you and your spouse agree on virtually every aspect of your divorce. It may be difficult to agree on virtually every aspect of a divorce, but the benefits can be tremendous.
I have helped numerous spouses approach the divorce process with a sense of confidence and efficiency. If you are wondering whether a dissolution is the right choice for you, the only way to know for sure is to book a consultation and discuss your unique circumstances. Reach out today to learn more and develop an effective action plan.
Child Custody
Once the court has established an order all parties are legally bound to follow the order. Modifications need to be made to the order if there are substantial changes in the circumstances.
When an order needs to be changed, a modification must be initiated through the courts. If the order is changed without the approval of the court, one or both parties may be held in contempt.
Note that in order for a modification to move forward, you must show that there has been a significant change in circumstances. The family court does not allow you to modify these agreements whenever you feel like it. These agreements, judgments, and court orders are meant to stand the test of time. Because of this, you must prove that something has drastically changed that makes the existing agreement unsatisfactory.
Parents may modify either legal or physical aspects of the child custody agreement or shared parenting plan or even the parenting schedule of one parent. Remember that legal custody involves decision-making authority over major child-raising decisions, while parenting time involves the amount of time each parent spends with their child. Here are a few examples of when custody or parenting time may be modified:
- Allegations of neglect, abuse, or violence directed toward family members or children
- The inability of one parent to provide reliable housing for the child
- A parent’s disability impeding their child-caring abilities
- The distance between homes becoming too great
- Substance abuse issues suffered by one parent
- Parents disagreeing on whether children should undergo medical treatments
- Parents disagreeing on their children’s religious upbringing
- Parents disagreeing on their children’s education
Spousal Support may also be modified. Modifications of support agreements stem mostly from financial changes. These might include:
- Promotions/demotions
- Bonuses/raises/pay cuts
- Unemployment
- Retirement
- Disability
- Sickness
- Injury
Many parents may wish to modify their child support agreements. You may modify this agreement if some of the following things occur: unemployment, demotion at a job, disability, sickness or injury, or new pay or bonuses.
Note that a parent may be required to pay more child support if they start earning more, while the same parent may pay less child support if they encounter financial difficulties.
If you wish to modify any of these agreements, you will need to show that circumstances have changed. You can use financial documents, medical records, witness testimony, and a wide range of other evidence to prove your case. One thing to keep in mind is that in the context of child custody, the child’s best interests are the main focus. If you are trying to modify your custody agreement, you need to show how the modification will help your children live happier, healthier, and more secure lives. If you try to argue that modification will make your life better, the court will not consider this to be a valid reason.
You may need to prove specific things that relate to your specific situation. For more detailed advice and guidance, be sure to schedule an appointment with me and I will help you navigate the special circumstances you are facing.
Child Support
Parents are obligated to support their child financially. You may need to fight for the financial support your child needs and deserves. The best way to do this is with help from a qualified, experienced child support attorney.
Child support takes the form of payments delivered from one parent to the other in order to ensure that children’s basic necessities and living costs are met. Child support is legally required in many cases, and it may be ordered by the court after divorces or breakups among parents. Even parents who never had a long-term romantic relationship may be ordered to pay child support if it is established that the child is biologically theirs.
If you would like a more detailed explanation of how child support works, be sure to book a consultation and we can work through all the details that affect a support order. I can assess your unique situation and determine the best route forward for you and your children.
Spousal Support
If your marriage was financially secure and your partner made more money than you, you might have stayed at home with the kids or worked part-time so that you could maintain the household, it becomes very difficult to support yourself after a divorce since employers are usually looking for people who have not had a break in their experience or have been working full-time.
This puts you at an unfair disadvantage, and you may not be able to live comfortably on your own after your divorce. The good news is the law allows for spousal support payments to be negotiated in these types of situations.
Many don’t realize that they may be entitled to support. To learn about your options, please schedule an appointment with me and we will work through each scenario to ensure you can move forward with your life and manage your expenses.
Post Decree Modifications
Once the court has established an order all parties are legally bound to follow the order. Modifications need to be made to the order if there are substantial changes in the circumstances.
When an order needs to be changed, a modification must be initiated through the courts. If the order is changed without the approval of the court, one or both parties may be held in contempt.
Note that in order for a modification to move forward, you must show that there has been a significant change in circumstances. The family court does not allow you to modify these agreements whenever you feel like it. These agreements, judgments, and court orders are meant to stand the test of time. Because of this, you must prove that something has drastically changed that makes the existing agreement unsatisfactory.
Parents may modify either legal or physical aspects of the child custody agreement or shared parenting plan or even the parenting schedule of one parent. Remember that legal custody involves decision-making authority over major child-raising decisions, while parenting time involves the amount of time each parent spends with their child. Here are a few examples of when custody or parenting time may be modified:
- Allegations of neglect, abuse, or violence directed toward family members or children
- The inability of one parent to provide reliable housing for the child
- A parent’s disability impeding their child-caring abilities
- The distance between homes becoming too great
- Substance abuse issues suffered by one parent
- Parents disagreeing on whether children should undergo medical treatments
- Parents disagreeing on their children’s religious upbringing
- Parents disagreeing on their children’s education
Spousal Support may also be modified. Modifications of support agreements stem mostly from financial changes. These might include:
- Promotions/demotions
- Bonuses/raises/pay cuts
- Unemployment
- Retirement
- Disability
- Sickness
- Injury
Many parents may wish to modify their child support agreements. You may modify this agreement if some of the following things occur: unemployment, demotion at a job, disability, sickness or injury, or new pay or bonuses.
Note that a parent may be required to pay more child support if they start earning more, while the same parent may pay less child support if they encounter financial difficulties.
If you wish to modify any of these agreements, you will need to show that circumstances have changed. You can use financial documents, medical records, witness testimony, and a wide range of other evidence to prove your case. One thing to keep in mind is that in the context of child custody, the child’s best interests are the main focus. If you are trying to modify your custody agreement, you need to show how the modification will help your children live happier, healthier, and more secure lives. If you try to argue that modification will make your life better, the court will not consider this to be a valid reason.
You may need to prove specific things that relate to your specific situation. For more detailed advice and guidance, be sure to schedule an appointment with me and I will help you navigate the special circumstances you are facing.
Wills And Trusts
Clients often start a consultation wanting to know what the difference is between wills and trusts. The biggest difference is probate. Probate is the legal process of dividing up and paying off a person’s estate after someone dies. Probate is handled in court. When someone dies without a will the probate judge applies default Ohio law to determine a deceased person’s heirs.
A Will DOES NOT keep a person’s estate out of probate; rather, a will is a set of instructions to the probate judge on how to distribute the estate. If there is no will, the judge applies the default rules from the Probate Code.
A will is a very important document, especially for parents with minor children or other dependents, because a will is the most common place to designate the people who serve as a guardian for minor children in event of a parent’s death. The rules for executing a will are very precise and should be handled with care. A petition is filed, and the court issues orders allowing a personal representative to access bank accounts, sell property and pay off creditors. Without a will the court has to decide from among those who are interested in serving, who is to fill the position. This can lead to unnecessary conflict.
Furthermore, without a will the court simply applies Ohio’s default inheritance laws with little room to consider anything other than blood relationship to the decedent. Therefore, a will should at the very least contain the following:
- A person named as the personal representative. This person is responsible for handling the estate following the death of the testator (the person making the will).
- Instructions on who is to receive the residue of the estate. The residue of the estate is what is left over after creditors and costs of administration have been paid. The people listed here are what most people consider “heirs.”
- Any specific distributions. Specific distributions are those gifts going to specific people. Those getting specific gifts actually get their distributions before the heirs split the residue.
A living trust, sometimes called a revocable trust or a family trust is an agreement that can hold title to a person’s assets during life and also contains language managing those assets when a person dies. The idea is that if a person does not technically own anything at the time of death then probate is unnecessary. Therefore, unlike a will, a trust DOES skip probate court proceedings. This allows a deceased person’s family to manage the estate without being overseen by a court.
Another advantage of a trust over the will is its flexibility. A will is not designed to hold assets long term, so after a person’s death the will can do nothing with property by itself other than direct where assets go. A trust can hold money and other belongings for extended periods of time, can distribute them quickly or even hold them for use by future generations. Furthermore, a trust is freely revocable and amendable during the lifetime of the trust maker. Following the death of the trust maker, the trust becomes irrevocable, and its terms become permanently binding on those designated as beneficiaries of the trust.
Finally, a key difference between a Will and Trust is that the will is designed to be used exclusively after someone has passed away. A will grants no authority over a person’s estate while they are still alive. In contrast, a Trust is designed to protect an estate even when the trust maker is still alive. In the trust, the trust maker assigns who will take over the trust in the event of incapacity. When properly funded, a trust can help protect an incapacitated person’s assets by designating the right people in advance to handle finances if someone loses the ability to manage it by themselves. Without a plan for incapacity, an estate can be left vulnerable to exploitation. Furthermore, the court may be required in order to appoint a guardian over an incapacitated adult. A trust plan can avoid this common lifetime dilemma and expense whereas a will only deals with what a person leaves behind after death.
My goal is to help you achieve your goals in the most efficient and practical manner giving you peace of mind and confidence that your wishes will be carried out without burdening your loved ones. Please schedule an appointment with me today to further discuss your estate planning needs.
Probate
When a loved one passes away knowing what to do and how to start handling their affairs can be an emotional and stressful task. Whether the person died with a will, a trust, or no plan at all, we can assist in all aspects of estate administration.
We are able to help you with the transfer of assets, creditor claims, and distribution of property. We work with you to ensure that your loved one's wishes are met and support you in the path forward.
