Call Us: 650.625.7300
Mediation is less stressful than litigation. The process is completely confidential. We work on the future not the past. The Court has far less leeway in making its orders than you and your spouse working together. The process is confidential. We will work together to resolve these issues.
As to the Children:
Shared Parenting or sole residential Parenting Plan (lots to decide here) (Holidays, Summer Vacations, Medical Decisions, Transportation), Parenting Time (visitation) if not Shared Parenting Health Insurance / Extraordinary Health School Placement Child Support (Calculation can be tricky) College As to the Spouse:
Spousal Support |
As to Your Property:
Is it Marital or Separate Have you made a full disclosure Household Furnishings Vehicles Bank Accounts Accounts Receivable Stocks, bonds, funds Real Estate Life Insurance Business Interests Investment interests Timeshares Intellectual property Pensions, IRA, 401 (k) (qualified or non qualified) Club and partnership interests |
As to your Debt:
Mortgages Bank Loans Loans on Insurance Credit Cards College Loans Personal Loans Back taxes Doctor/ Dentist |
As to Income:
Agreeing that all income has been disclosed All Bonuses Stock incentives, options Commissions All Perks (clubs, tickets, discounts) Trusts |
Other Financial Issues:
Health Insurance
Life Insurance
Child Care
Taxes
Jt or Separate Filing
Dependency Exemptions
Refunds / Liabilities
Capital gains on liquidated assets
Bankruptcy
QDRO
Health Insurance
Life Insurance
Child Care
Taxes
Jt or Separate Filing
Dependency Exemptions
Refunds / Liabilities
Capital gains on liquidated assets
Bankruptcy
QDRO
The basic rule, according to Ohio law, is that all assets accumulated during the marriage, by either spouse’s efforts, are considered to be marital, and are to be divided “equitably” between the parties. Equitably almost always means equally.
Marital property is property acquired during the marriage, including real estate, personal property, intangible property (such as stocks and bonds, bank accounts) and retirement plans. Marital property also may include increases in the value of separate property due to either spouse’s labor or contribution of marital money to the increase in the property’s value.
Separate property includes all real, personal and intangible property from an inheritance; property owned before the marriage; income or appreciation on separate property that did not come from a marital contribution of either party during the marriage; a gift after the marriage date if proved to be made to only one spouse; and an award for personal injury (except any part of the award that compensates for lost wages occurring during the marriage, or medical bills from the injury paid with marital funds).
Ohio Specific Statute ORC 3105.171
In most states parental rights and responsibilities are "allocated".
Parents may be allocated “sole residential” (once known as “legal custody”) or “shared parenting” (once known as “joint custody”). A parent who is the sole residential parent has the right to make major decisions about the children’s health, education and religious upbringing. Parents who have shared parenting make such decisions together, unless otherwise specified in the order.
In both arrangements there must be a parenting time schedule (once known as “visitation”). Parents who have shared parenting do not necessarily have equal parenting time. Parents may decide and agree (with the court’s approval) which arrangement is in their children’s best interests. If the parents cannot agree, then the court decides.
Ohio Specific Statute ORC 3109.04 and 3109.051
Child Support: The Ohio statute describing the calculation formula is at: ORC 3119.022 Shared parenting doesn't eliminate the Child support obligation.
Spousal Support: The relevant factors considered by the Court. ORC 3105.18
Marital property is property acquired during the marriage, including real estate, personal property, intangible property (such as stocks and bonds, bank accounts) and retirement plans. Marital property also may include increases in the value of separate property due to either spouse’s labor or contribution of marital money to the increase in the property’s value.
Separate property includes all real, personal and intangible property from an inheritance; property owned before the marriage; income or appreciation on separate property that did not come from a marital contribution of either party during the marriage; a gift after the marriage date if proved to be made to only one spouse; and an award for personal injury (except any part of the award that compensates for lost wages occurring during the marriage, or medical bills from the injury paid with marital funds).
Ohio Specific Statute ORC 3105.171
In most states parental rights and responsibilities are "allocated".
Parents may be allocated “sole residential” (once known as “legal custody”) or “shared parenting” (once known as “joint custody”). A parent who is the sole residential parent has the right to make major decisions about the children’s health, education and religious upbringing. Parents who have shared parenting make such decisions together, unless otherwise specified in the order.
In both arrangements there must be a parenting time schedule (once known as “visitation”). Parents who have shared parenting do not necessarily have equal parenting time. Parents may decide and agree (with the court’s approval) which arrangement is in their children’s best interests. If the parents cannot agree, then the court decides.
Ohio Specific Statute ORC 3109.04 and 3109.051
Child Support: The Ohio statute describing the calculation formula is at: ORC 3119.022 Shared parenting doesn't eliminate the Child support obligation.
Spousal Support: The relevant factors considered by the Court. ORC 3105.18