Dayton Family Law Blog

How can I discover if my ex hid assets?

On behalf of Aaron P. Hartley of Hartley Law Office, LLC posted in property division on Thursday, October 17, 2019.

Particularly in a divorce where tension and mistrust is running near a boiling point, it is not uncommon for a spouse to try to hide some property, like a bank account or other fund, from the other party. The financial reason someone does this is that he does not want to split the asset as part of the property division process.

In other words, when everything is above board, then an Ohio judge will divide most property owned by the couple, or either one of them, in a fair and equitable manner. It can be very tempting for one of the spouse to try to bypass this process by hiding property and then keeping it for himself down the road.

Review of Servicemembers Civil Relief Act

On behalf of Aaron P. Hartley of Hartley Law Office, LLC posted in divorce on Thursday, October 3, 2019.

Many of those in and around Dayton, Ohio, who are in the service may be aware that they are entitled to certain legal protections under the Servicemembers Civil Relief Act ("Act"). The point of this federal law is to make sure that those who are serving their country, particularly if in deployment, do not wind up unfairly facing legal trouble at home because of their service.

This Act applies to divorce proceedings and other family law matters. Under the terms of the Act, if a servicemember receives notice of a divorce proceeding while on active duty, than the servicemember may apply for and obtain a 90-day stay in the legal proceedings, meaning that the court can take no substantive action in the case while the stay remains in force. A judge also has discretion to extend the stay for an additional 90 days, but this extension is not automatic.

Protect yourself if you're divorcing a narcissist

On behalf of Aaron P. Hartley of Hartley Law Office, LLC on Friday, September 27, 2019.

Divorce is a challenging process for anyone going through it, but things can be much worse when your ex is a narcissist. A person with this mental health condition focuses only on their own needs and desires. They do whatever it takes to get what they want, even if it comes at the expense of another person. This causes problems in the divorce because everything seems one-sided.

At the start of the divorce, you have to determine what strategy you are going to use to handle the narcissistic behavior. You need a divorce attorney who can fight for your rights against a ruthless person because your ex is likely going to try everything they can to hurt your chance of coming out of the divorce with anything.

Review of options for business owners going through divorce

On behalf of Aaron P. Hartley of Hartley Law Office, LLC posted in property division on Thursday, September 19, 2019.

Although previous posts on this blog have mentioned, it may be helpful to residents of the Dayton area to be reminded of the options they have with respect to their businesses when a divorce or legal separation is looming. For that matter, this overview may also be helpful to unmarried couples who have been together for a long time and have operated a business together.

In a divorce, a person's share in a business will with few exceptions be subject to property division. The existence of a prenuptial agreement may change this, but in general, a couple is going to have to determine how much the business, or share thereof, is worth at the time of the divorce. The parties or the judge hearing the case will then have to decide how to fairly divide the value.

What should I do with my house in a divorce?

On behalf of Aaron P. Hartley of Hartley Law Office, LLC on Tuesday, September 17, 2019.

During a divorce, you and your spouse will need to split any marital assets. You will either work out a plan with your spouse that you both can agree on, or a judge will split your assets for you. One of the most valuable assets that will come up for division is your house.

Depending on your situation, you will either want to keep your house or sell it and split the money you get from it. The decision you make will depend on several different factors unique to you.

5 ways you can prepare for divorce

On behalf of Aaron P. Hartley of Hartley Law Office, LLC on Wednesday, September 11, 2019.

If your relationship with your spouse has deteriorated over the years, you might be considering divorce. You may already know that divorce can be complicated, time-consuming and stressful. This is especially true for people who go into it unprepared. Once you have decided that you cannot save your marriage, there are a few steps you can take to get ready for the divorce process before you have your first meeting with an attorney.

With a little bit of planning, you can prepare for divorce and be ready to take that first step toward your new life. Here are a few things you can do to get ready for divorce.

Am I able to get spousal support changed?

On behalf of Aaron P. Hartley of Hartley Law Office, LLC posted in divorce on Thursday, September 5, 2019.

This blog has previously discussed how Ohio courts may award different forms of spousal support following a divorce or legal separation. To review, if a Dayton resident is ordered to pay spousal support, then he or she must make the regular payments as ordered or face the possibility of serious legal consequences.

Whether a person is or is not allowed to ask the court to change the amount of these payments, or to terminate them altogether, depends in part on what their divorce decree or decree of dissolution says. In Ohio, the decree ordinarily has to spell out explicitly that spousal support can be changed should either party face a change in their financial circumstances. If the decree does not so specify, then the award is permanent.

Retirement plans can be major issues for older couples

On behalf of Aaron P. Hartley of Hartley Law Office, LLC posted in property division on Thursday, August 22, 2019.

One major issue that older couples who are going through a so-called gray divorce or legal separation may face involves retirement plans. Even when both spouses have had long-term careers, they may still be relying on each other's resources for retirement. Thus, a late-in-life divorce could be a fearful prospect in that, if not handled properly, the fallout could mean a senior has to choose between financial hardship and having to work late into life.

As a previous post discussed, in most cases, the spouses would be entitled to a share in each other's retirement plans as part of the property division that takes place after a divorce or separation. However, there are a number of important issues surrounding retirement plans like 401(k) plans and pensions, including pensions for military members and other government employees.

4 things to consider before getting a divorce

On behalf of Aaron P. Hartley of Hartley Law Office, LLC on Wednesday, August 14, 2019.

Getting a divorce is one of the most stressful times in a person’s life. It can also bring out the worst in people. Some may see it as a way to get even with their husband or wife by taking their money or assets.

Divorce can have a devastating effect on the rest of your life if you don’t know your rights. If you are considering a divorce, here are some important things to remember.

Review of family law issues with retirement plans

On behalf of Aaron P. Hartley of Hartley Law Office, LLC posted in property division on Thursday, August 8, 2019.

Many people in the Dayton area have retirement plans. Some have wealth stored in 401(k)s or other self-contribution plans, which have become more and more common in the private sector over the recent decades. However, employees in the area may also be entitled to a pension. Military members frequently receive pensions after their careers, and others in the civil service and other government jobs, as well as a handful of employees in private business, may also draw pensions.

Just a part of good financial housekeeping, even a happily married Ohioan will want to understand the basics of how to put a value on a pension. Pensions are quite a bit tougher to evaluate since they are a promise of an income stream at a future date. There are therefore a number of factors one must consider in order to estimate the lump sum present value of a pension.