The Law Offices of Shelly L. Kennedy, Ltd.

Understanding hidden assets in divorce

2024-08-16T13:26:34Z

Finding hidden assets is important when divorcing. Doing so means that property and financial resources can be divided fairly. Hidden assets take on many forms, including properties or financial resources that one spouse hides from the other. In many cases, this is done to secure a better outcome for themselves in the divorce settlement. Understanding hidden assets can help you understand the importance of finding these before filing for divorce.

Common types of hidden assets

Hidden assets can take many forms, including undisclosed bank accounts, real estate or investments. Sometimes, a spouse might underreport income, overstate debts or transfer assets to a third party, such as a friend or family member, to keep them out of the marital estate. Other examples include hidden retirement accounts, offshore accounts or the undervaluation of business interests.

Red flags to watch for

Certain behaviors can indicate the presence of hidden assets. These include sudden changes in financial habits, such as a decrease in salary without explanation or the opening of new bank accounts. Unusual expenditures or financial transactions, like large purchases or loans to friends or family members, can also be warning signs. Additionally, if your spouse is secretive about financial matters or has a history of dishonesty, it may be worth investigating further.

Steps to uncover hidden assets

If you suspect that your spouse is hiding assets, there are several steps you can take. First, gather as much financial documentation as possible, including tax returns, bank statements and credit card bills. A forensic accountant can be invaluable in tracing assets and uncovering discrepancies in financial records. Legal tools like subpoenas can compel third parties, such as banks or employers, to provide information about your spouse's finances. Uncovering hidden assets is essential to achieving a fair divorce settlement. By remaining vigilant and utilizing the appropriate legal and financial resources, you can ensure that all assets are accounted for during the divorce process.

Can being an ex-convict affect my rights as a father?

2024-08-03T15:42:16Z

Divorce is challenging for everyone involved, often especially when children are in the picture. For example, fathers may worry about their rights and what they can do to help ensure that they remain integral to their children’s lives. Whether you are concerned about securing equal parenting time, ensuring fair child support arrangements or navigating the complexities of custody, if you are an ex-convict, understanding your rights as a father is crucial. Ohio law prioritizes the child’s best interests when determining custody arrangements, and fathers – whose paternity has been confirmed – generally have the same rights as mothers.

Key considerations

One of the most pressing concerns for fathers with a criminal record is how their past will affect their custody rights. In Ohio, having a criminal history does not automatically disqualify a father from obtaining custody or parenting time. The court’s primary concern is the child’s safety and well-being. Here are some key considerations:

Nature of the conviction: The type of crime committed plays a significant role. Non-violent offenses, especially those that occurred many years ago, might have less impact on custody decisions compared to recent or violent crimes.
Rehabilitation efforts: Demonstrating efforts towards rehabilitation, such as attending counseling, maintaining steady employment and showing involvement in community activities, can positively influence the court’s decision.
Parental involvement: A father who has been actively involved in their child’s life, attending school events and participating in day-to-day activities, is more likely to be viewed favorably by the court.
Impact on the child: The court will consider how the father’s criminal history affects the child’s emotional and physical well-being. Providing evidence that the father can provide a stable and loving environment is crucial in this case.

For ex-convict fathers, the key is to show the court that they have moved past their criminal history and are capable of providing a safe, nurturing environment for their children. Fathers in Ohio have the same rights as mothers, and understanding how to assert these rights effectively is essential. By focusing on a child’s best interests and demonstrating positive changes, fathers can work towards securing custody and parenting time arrangements that allow them to maintain a meaningful relationship with their children. Seeking legal guidance can be helpful during this critical time.

3 elements of grandparents’ visitation rights

2024-07-30T12:26:46Z

When couples get divorced, grandparents are often worried about access to their grandchildren. They may be afraid that they won’t see the children anymore, or that they won’t see them as much as they would like. It’s not that the grandparents are trying to seek full custody of the children, but they would like to have visitation rights. There are some situations in which a court will grant visitation rights to a grandparent after a divorce. But there are three different things that all have to be true in order for them to make this determination.

1. Filing a motion

The first element to consider is that the grandparent needs to file a motion in court. This is their request for visitation rights. The case can only start after this motion is filed, and visitation cannot be granted without it.

2. The grandparent has an interest

Next, the court has to look at the relationship between the grandparent and the grandchild. If they decide that the grandparent “has an interest” in the child’s welfare, then they can grant visitation rights. For instance, perhaps the grandparent and the grandchild already had a very close relationship and it would be detrimental for the court to end that relationship.

3. The child’s best interests

Finally, just like with parental custody, the court will consider the child’s best interests. They are only going to give grandparents visitation rights if that is in the best interests of the grandchild. If the negatives outweigh the positives, the court can deny the request for visitation rights. Grandparents who are in this situation certainly need to know all of their options to preserve their relationships with grandchildren and navigate this complex legal process.

Is summer a good time to file for divorce?

2024-07-19T05:44:46Z

Deciding when to file for divorce is a significant and personal decision that can be influenced by various considerations unique to each individual and/or couple, including timing. For example, many people wonder if summer is a good time to initiate the divorce process. While the best time to file ultimately depends on individual circumstances, there are several reasons why summer can be an advantageous period for some couples. It may, therefore, be helpful to consider the following advantages of filing at this time of year, if your marriage is coming to an end.

Potential advantages of filing for divorce in the summer

During the summer, many people have more flexible schedules due to vacations, reduced work hours or time off. This flexibility can be beneficial when navigating the complexities of divorce proceedings, which often require meetings with attorneys, court appearances and/or mediation sessions. Having a more open schedule can potentially reduce stress and allow for more focused attention on your divorce process. If you are the parent of minor children, filing for divorce during the summer can be advantageous because it can help to minimize disruption to their academic school routine. Since children are on summer break, parents can use this time to adjust to new living arrangements and custody schedules without the added pressure of school-related activities. This transition period can help children adapt more smoothly to changes in their family dynamics before the new school year begins. Filing for divorce in the summer can also align well with a need to engage in financial planning. Mid-year provides an opportunity to assess financial situations, including income, expenses and taxes. This timing may allow you to make informed decisions about the remainder of the year and prepare for the financial changes that divorce will inspire. With all of this being said, your circumstances – and your family’s – are unique. Do not feel pressured to file in the summer if that isn’t the right approach for your situation. You can seek personalized guidance at any time of year.

How do courts decide what is in a child’s best interests?

2024-06-28T02:41:31Z

Some couples are able to work together when it comes to child custody decisions. They may even create a custody schedule, and then the court can approve it. This helps the process go relatively smoothly, and the parents can divide both physical and legal custody. However, there are also many cases in which couples cannot work together, even on child-related issues. An example would be if both people wanted sole custody. The court will have to step in and make a decision, issuing a custody order. While doing this, the court’s stated goal is to focus on the best interests of the child. How do they know what this looks like?

Examining a variety of factors

There is no specific formula that will apply to every case. Each case is unique and must be considered individually. To do this, the court will look at factors like:

The parents’ physical and mental health
If the child has any special needs
The roles each parent had before the divorce
If the child has a specific preference about custody
If there’s a history of criminal activity or abuse
Where the child goes to school
If there are any religious considerations or cultural issues
What living accommodations each parent can provide

These are just some examples. There are many other potential factors that may go into this decision. The court just tries to gather as much information as possible and then makes a decision that puts the child first. Going through this process can be complex. Those who are doing so must be well aware of their legal options.

3 things children need to thrive during and after divorce

2024-06-17T12:35:11Z

Few things make people more emotional than issues that involve their children. The average parent who wants to give their children a better life than they experienced, often by providing both emotional support and financial resources for their children. When parents decide to divorce, concern about the impact on their children is often at the forefront of their minds. Most people have heard stories about how divorce harmed a child's mental health or their academic performance. Parents who are proactive about providing their children with support and avoiding problematic behavior can reduce how difficult and stressful divorce and shared custody can be for children. Children can bounce back and even thrive after their parents divorce. What do children need to live their best lives when their parents divorce?

A buffer from parental conflict

Research consistently shows that the disputes between parents are often more damaging than the divorce itself. Children who witness parents bad-mouthing each other may internalize some of that criticism. Parents need to find healthy ways to express their emotions so that they don't get into loud arguments during custody exchanges or otherwise expose their children to needless disputes.

Consistency and a predictable schedule

Children do best in scenarios where they know what to expect and what others expect of them. If the rules are different at both houses, that may lead to children feeling stressed and being to meet the expectations of one or both of their parents. Maintaining consistent rules and family expectations could help children transition to the new shared custody arrangement more comfortably.

Appropriate social support

Parents aren't the only ones experiencing intense emotions during divorce proceedings. Children may feel intense anger or grief. They may blame themselves for the breakdown of the relationship between their parents. Parents should do their best to be supportive and non-judgmental. They may also need to look into either support groups or counseling services to help their children handle their strong emotions. With the right approach, parents can mitigate the factors that often make divorce and shared custody so hard on children. To start, making the children the focal point of all major decisions during and after divorce can help parents avoid causing unintentional harm with their actions or their emotions.

What does divorce mean for a family business?

2024-06-14T22:52:34Z

For family business owners, divorce is always a potential threat to the success of the company. If a married couple owns a business together, their own personal divorce makes things very complicated for the business moving forward. In many cases, the business has to close. In other cases, the couple will sell the business to a third party. They both move on, and that’s the end of the family business for them – even if it’s not the end of the business overall. But are there any other options?

2 ways to keep the business

One option would be for one spouse to buy the other person’s share in the business. They may be able to do this by giving up marital assets like an investment portfolio, a family home or a retirement fund. They may also be able to take out a business loan or find investors so that they can purchase that share directly. Either way, this gives them the ability to take over as the sole business owner and keep running the company even after the divorce. Another option, however, is for the divorced couple to continue working as business partners. They don’t have to sell the business or change anything professionally. They could actually just draft a partnership agreement and retain the 50% ownership shares that they already have. Couples who go through an amicable divorce may find it easy to keep working together.

Steps to take during divorce

Are you going through a divorce as a business owner? It can be complicated, so make sure you know what legal options you have.

Will having a child stop a divorce?

2024-05-31T14:10:20Z

When people feel like a relationship is failing, they may take drastic steps to save it. They don’t want to get divorced, and they think that they can still make it work. In some cases, you’ll see people say that they just need to have a baby together, and that will fix the issues that they’ve been having.

People sometimes have this perspective because they think that the new child will give them something to focus on. They will come together as parents and work together to raise their child. This will draw them closer together and will rekindle the relationship that they used to have. But is that really going to happen?

Marital satisfaction declines

When you look at the statistics, researchers find that having a child generally doesn’t make people feel more satisfied with their existing relationship. Instead, it actually causes marital satisfaction to decline. This is true even for couples who weren’t thinking about divorce prior to having the child, and who do stay together after becoming parents. They still see a decline in their overall happiness with the relationship, especially right after the child is born.

What this means is that having a child in an already troubled relationship could just be the catalyst that causes a divorce. If marital satisfaction is already low, the child is likely just going to lower it further. Additionally, having a child at this time is going to make things more stressful and complicated during the divorce. The couple will have to make custody decisions, rather than just dividing property.

Are you getting divorced?

Have you noticed a reduction in satisfaction in your own relationship, and do you think that it is heading for divorce? Be sure you know about your legal options.

The name on an account isn’t the deciding factor in a divorce

2024-05-15T21:30:16Z

During a divorce in Ohio, spouses need to divide property. Some assets are separate property that belong to either one spouse or the other. They can retain those possessions after the divorce. Other assets are marital property that they need to divide with one another. People sometimes misunderstand what determines if an asset is marital or separate property. One spouse might expect to retain their personal savings account or retirement account because they hold the account in their name only and their spouse has never made any contributions. Those accounts might still be subject to division in an Ohio divorce.

Deposits made during marriage are marital property

Simply having a separate account does not make someone's financial resources their separate property. Regardless of whose name is on the account, both spouses might have an interest in financial accounts belonging to either spouse. Any deposits made into accounts held by one spouse during the marriage are typically marital property, as income earned during the marriage is part of the marital estate. Deposits made prior to marriage may remain the separate property of the spouse who holds the account. People need to carefully review their financial records to establish which assets are part of the marital estate and which are separate property that they do not need to divide. The failure to disclose accounts held in the name of one spouse could lead to accusations of hidden assets and potentially a penalty for the spouse accused of financial misconduct. Learning more about property division rules can be beneficial for those preparing for a high-asset Ohio divorce. The division of marital property can be one of the most difficult aspects of divorce proceedings.

Are fathers at a disadvantage during custody proceedings?

2024-05-09T02:49:50Z

As a dad going through a custody battle in Ohio, it’s natural to wonder if the system is stacked against you. This could be due to the historical perception that fathers are at a disadvantage during custody proceedings or the stories you’ve heard. Fortunately, a parent’s gender is no longer a decisive factor in custody decisions. Ohio law has evolved to prioritize the child’s best interests when awarding custody to parents during or after divorce. It means you have the same legal rights and opportunities as the mother to seek custody and visitation rights of your child.

The factors that matter

Gender aside, the court will consider various factors unique to each parent when deciding a custody case. They include:

The child’s relationship and interaction with each parent
The parent’s ability to provide for and care for the child
The menthol and physical health of everyone involved
The criminal record of each parent or a history of abuse
Which parent is more likely to honor court-approved parenting and visitation rights

The court will consider any other relevant factors that may be present in your case to assess what’s in the child’s best interests when issuing custody orders.

Do not sit back and wait

While Ohio law strives for gender neutrality in custody decisions, fathers may still face hurdles in proving their involvement and parenting abilities. As such, it’s crucial to actively participate in the custody process and provide evidence of your involvement in your child’s life and ability to care for them. You can, for example, provide documentation of attendance at school events or medical appointments, demonstrate financial support and even present testimony from reliable witnesses. It also helps to show a willingness to co-parent effectively. Seeking legal guidance can also go a long way in protecting your parental rights and presenting a compelling case for custody or visitation rights.