Posted on June 22, 2023 in Divorce

Going through a divorce is a challenging and emotional time. When considering divorce in Ohio, it's essential to have a clear understanding of the process and the necessary steps involved. Initiating the divorce process in Ohio can be overwhelming, but understanding the necessary steps and seeking legal advice can help you navigate the complexities of the legal system.  

Understanding Ohio Divorce Laws

Before embarking on the divorce process, it's crucial to familiarize yourself with Ohio's divorce laws. These laws govern the dissolution of marriages and address various aspects, such as child custody, property division, and spousal support. Consulting with an experienced family law attorney is highly recommended to ensure you understand your rights and responsibilities throughout the divorce process.

Ohio’s Residency Requirements for Divorce

To file for divorce in Ohio, you must meet the state's residency requirements. At least one of the spouses must have lived in Ohio for at least six months before filing for divorce. Additionally, the divorce must be filed in the county where either spouse resides. If you and your spouse have recently moved to Ohio or are unsure about meeting the residency criteria, consulting with a divorce attorney can provide clarity.

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 Posted on May 09, 2023 in Personal Injury

Tragic accidents involving automobiles can have severe consequences, resulting in devastating injuries and even fatalities. Understanding the legal recourse available to victims and their families after fatal car accidents in Ohio is crucial during these challenging times. 

Historical Statistics of Fatal Car Accidents in Ohio

According to the Ohio State Highway Patrol, there has been a steady decrease in fatal car accidents over the past five years. In 2018, there were 297,822 reported fatalities resulting from such accidents, and in 2022, there were a total of 265,512 fatal car accidents.

What are the Causes of Fatal Car Accidents?

Understanding the elements that contribute to these terrible occurrences requires a thorough investigation of the causes of fatal automobile accidents. Common causes include:

• Distracted Driving: Distractions such as texting, talking on the phone, or eating while driving divert a driver's attention, leading to accidents.

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 Posted on April 11, 2023 in Estate Planning

Planning for the future can be a daunting task, but estate planning can help give you peace of mind knowing that your assets will be handled according to your wishes. Wills and trusts are two important estate planning tools that can help you ensure that your loved ones are taken care of after you pass away. 

Setup Your Will for Your Estate

A will is a legal document that outlines how you want your assets to be distributed after you die. Without a will, your assets will be distributed according to state law, which may not align with your wishes. A will allows you to name an executor, the person who will manage your estate and ensure that your assets are distributed according to your wishes. You can also name guardians for your minor children, establish trusts for their care, and even leave specific items or amounts of money to certain individuals or charities.

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 Posted on March 14, 2023 in Personal Injury

Car accidents can be life-changing events that leave victims with physical, emotional, and financial injuries. However, if the accident was caused by another party's negligence or wrongdoing, injured individuals may be entitled to compensation for their losses.

Establishing Fault and Comparative Negligence

The first step in seeking compensation for car accident injuries is to establish fault. Ohio follows a comparative negligence system, which means that the injured person's recovery may be reduced by their percentage of fault in causing the accident. For instance, if the injured person was 20% at fault, their recovery would be reduced by 20%.

Seeking Damages from A Car Accident

Once fault is established, the injured person can seek compensation for their damages, including medical expenses, lost wages, pain and suffering, and property damage. To prove damages in a car accident injury case, it is vital to gather evidence such as medical records, police reports, and witness statements.

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 Posted on February 06, 2023 in Criminal Defense

When facing an OVI (operating a vehicle impaired) charge, it is important to know your rights. Individuals with a blood alcohol concentration above the legal limit are considered intoxicated per se. One of the most common methods for determining intoxication is through a breathalyzer test, but these tests are not foolproof. Consequently, a failed breath test does not automatically mean that the driver will be convicted of drunk driving.

Here are five potential issues with a breathalyzer test that could potentially lead to an acquittal, the OVI case being dismissed, or the charges against you dropped.

Breath Testing Devices Have to be Calibrated to Function Correctly

Breathalyzers have to be serviced and calibrated on a regular basis in order to ensure their accuracy. If it is discovered that the device used during your test was not properly calibrated and maintained, this greatly reduces the reliability of the results. This could potentially be grounds for dismissal of the OVI charge.

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 Posted on January 25, 2023 in Estate Planning

Most people consider the term "estate planning" to be synonymous with creating a will. A last will and testament is a very useful estate planning instrument. It can allow you to dictate how you would like your assets to be distributed after you pass away as well as establish a guardian for minor children if you pass away before they are adults.

However, there are other estate planning tools available, such as trusts, that can be even more beneficial in certain situations. In Ohio, trusts come in two forms: revocable and irrevocable. Both have their advantages and disadvantages; it is important to understand the differences between them before deciding which one is best for your estate.

Revocable Trusts May Be Modified and Give You Continued Control over Trust Assets

A revocable trust allows you to maintain control over the assets contained in the trust while you are still alive. This means that you can decide when, how, and to whom the funds will be distributed and change your mind at any time. Living trusts are typically revocable trusts during the person's life and then become irrevocable upon their death.

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 Posted on December 15, 2022 in Personal Injury

When most people think of car accident claims and lawsuits, they usually imagine situations where two or more vehicles were involved in a collision caused by one of those drivers engaging in an activity or behavior that resulted in the crash. Unfortunately, there are also many people injured – even killed – in accidents that are the result of a dangerous or defective vehicle part. In these situations, the injured individual may be able to pursue legal action against the vehicle manufacturer or other responsible entity for damages they sustain as a result of the accident.

Vehicle Recalls

Every part of the manufacturing of a vehicle, from the initial design of the vehicle to the time it rolls off the assembly line, involves a process that is supposed to include multiple safety checks and inspections to ensure that all parts of the vehicle are safe. Consumers depend on this process, trusting that the vehicle they are purchasing is free from defects or dangerous issues.

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 Posted on November 02, 2022 in Divorce

Traditionally, in the past, when a couple married, whatever assets they each brought to the marriage and whatever assets they amassed together were typically shared. If the couple divorced, then the court would make the final decision on how those assets would be distributed between the two spouses.

Today, many couples execute prenuptial agreements (or in some cases postnuptial agreements), and/or they keep the majority of their assets separate. This usually makes the division of assets fairly straightforward in the event the couple divorce. But even with prenups and separate financial accounts, there are still many couples who choose the traditional route of commingling assets. How does Ohio law address those divorces, especially if the couple has a high net worth?

Equitable Distribution Method

Under Ohio law, the marital estate is distributed according to the equitable distribution method. Keep in mind, however, that equitable does not necessarily mean equal, as is the case in states that use the community property method that divides the marital estate in half. The court’s goal of equitable distribution is to ensure the couple’s assets are divided fairly, and fairly does not always mean equally. Some of the factors the judge will consider include:

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 Posted on October 17, 2022 in Criminal Defense

Facing any kind of criminal charge can be a scary experience. Depending on the seriousness of the charge you are facing and the case the prosecutor is preparing against you, a guilty verdict could have a significant impact on your life and your future. You could even be facing prison or jail time. This is why no matter what the issue is, it is in your best interest to have a skilled criminal defense attorney advocating for you.

Motions for Discovery

There are many legal tools criminal law attorneys have to defend their clients. One critical tool is the legal right to obtain any information and evidence the prosecution has gathered in their case against a defendant. The process of obtaining evidence in any legal proceeding is referred to as “discovery.”

In a criminal case, a seasoned defense attorney will file a motion for discovery during the pre-trial phase, requesting the court to order the prosecution to turn over its evidence. This evidence can include:

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 Posted on September 10, 2022 in Estate Planning

One of the most exciting times in a person’s life is the birth of a child. There are so many changes and wonderful moments to cherish as you marvel over your new baby and the last thing you are probably thinking about is drafting an estate plan. Many people are under the mistaken impression that estate plans are just for senior citizens, but the truth is that every adult should have an estate plan in place. This is especially true for new parents. Regardless of your marital status, having the legal documents in place that express your wishes for the care of your child should something happen to you is an often overlooked but critical issue for parents to address.

Drafting a Will

A will an essential part of any estate plan, but it is particularly important for parents of minor children. Your will is where you name the person you want to be the legal guardian of your child, the person to whom you will entrust the care of your child if you are unable to care for him or her yourself. If you do not have a person named as a legal guardian, the court will do it and the person they choose may not be the same individual you would have chosen.

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