MY PRACTICE CENTERS ON THE FAMILY
INTRODUCTION
My law practice centers upon the family including: marriage, divorce, dissolution, spousal abuse/domestic violence, property settlements, child/spousal support, kidnapping, post-decree motions, and related civil matters. If it deals with the family, I can help you.
Marital Termination: I'm experienced in handling all facets of the marital termination including contested and non-contested divorce and dissolution. These range from the simple to the complex. Key elements include the care of children, property division, alimony awards and child support.
Domestic Violence: My practice includes all aspects of violence both in the divorce and post divorce setting including appeals, both criminal and civil. Attorney Fees are dependent upon the type and billed hourly.
Child custody: Disputes can occur both during the initial divorce proceeding or later as a post-decree proceeding. These may be relatively simple agreements or involve more complex medical/psychological expert testimony. This is the most expensive area of all family law litigation.
Juvenile: The Juvenile area includes delinquency defense, (child custody/support (non-wed parents), special needs children, and child neglect and dependency, including the permanent custody by the state in appropriate cases. I've practiced in this area extensively since 1985. Currently, I've expanded into a more generalized practice, but still love this practice. Attorney Fees are billed hourly.
DIVORCE
Myth: If I’m completely uncooperative, I can stop the court from moving forward.
Truth: All too often, people believe that if they refuse to participate in the process (divorce, child custody, child support, alimony, paternity, etc.), the process can’t move forward. The truth is that while this might stall the proceedings temporarily, it won’t work for long. Not only will the process move forward, but it will more than likely end with a final result that you absolutely hate! Why? The courts can only make decisions based on what is presented to them, and your spouse has no responsibility to tell them your side of the story.
Your failure to respond to filings and refusal to show up for court dates hurts only you. If you ignore the process, the process will go forward, ignoring you! Below are the major issues you will be confronted with. Knowledge of what awaits steals the sting from the unknown.
Truth: All too often, people believe that if they refuse to participate in the process (divorce, child custody, child support, alimony, paternity, etc.), the process can’t move forward. The truth is that while this might stall the proceedings temporarily, it won’t work for long. Not only will the process move forward, but it will more than likely end with a final result that you absolutely hate! Why? The courts can only make decisions based on what is presented to them, and your spouse has no responsibility to tell them your side of the story.
Your failure to respond to filings and refusal to show up for court dates hurts only you. If you ignore the process, the process will go forward, ignoring you! Below are the major issues you will be confronted with. Knowledge of what awaits steals the sting from the unknown.
WHAT IS A DIVORCE AND HOW DOES IT AFFECT YOU?
When a man and a woman are married, their legal relations to each other and to the State of Ohio is altered. The ramifications are many and far reaching including their participation in many government programs and taxation, to name just two areas. A divorce decree is an order by the court that a marriage contract be dissolved and that both parties be released from their legal obligations. Divorce is the process of separating the joined two individuals and realigning their once joined obligations between them. The decree and/or separation agreement made a part of the decree disposes of all property, child and spousal support, and any other matters between you and your spouse. While the usual divorce will be completed within six months, the continuing effects of this realignment may span decades with further court involvement along the way.
GROUNDS:
Divorce in Ohio is fault based, that is one party is found by the Court to be "at fault" regarding one of eleven statutory grounds, which are:
CONTESTED AND NON-CONTESTED DIVORCE:
A divorce action is commenced by one spouse filing a complaint in the proper court of common pleas against the other spouse. Procedurally this is a civil suit and many of the rules associated with civil suits apply, as well as a body of rules specific to domestic relations actions. The spouse receiving the served complaint may file a formal answer to the allegations in the complaint, and may counterclaim for a divorce of his/her own. When this occurs, a contested divorce action is commenced and is so scheduled upon the court's docket. A contested divorce usually involves legal counsel for each spouse, and may involve further legal pleadings associated with any legal dispute, which is commonly called litigation. If no answer is filed by the defendant spouse, the case is deemed a non-contested divorce and is scheduled upon the non-contested court docket. A non-contested divorce usually will get to be heard by the court sooner than a contested one, and is usually less expensive.
Most divorces in the Miami Valley are non-contested in nature. Many of these will employ legal counsel only for the spouse who initially files the complaint, called the Plaintiff. In a typical non-contested divorce, the spouses are sill able to communicate with each other to effectively resolve most, if not all, of the divorce issues necessary to terminate their marriage and provide for the children. Plaintiff's counsel is thus able to guide both parties toward a mutually acceptable outcome through the inclusion of a separation agreement in the final divorce decree. However, Plaintiff's counsel may only represent the Plaintiff, and may not represent the Defendant spouse. Hence the importance of effective communication between the spouses during the non-contested divorce process. [For a discussion regarding Ohio's "no-fault" dissolution]
Temporary Orders:
In either a contested or non-contested divorce action, the Plaintiff will usually request some temporary orders from the court when filing the complaint, which may include custody (parental rights and responsibilities), child support, spousal support (alimony), temporary restraining orders of a personal and/or financial nature, and limited attorney fees, depending upon the circumstances. These orders are modifiable by the court and remain in effect pending the final divorce decree. All temporary orders are now drafted by your attorney for submission to the court, which then approves them.
Spousal Support:
Spousal support is awarded in response to the spouse's duty to provide sustenance to the other. Either spouse may now be awarded this support depending upon the circumstances. Spousal support is independent of any other order. The manner and method of payment may vary, being lump sum or periodic payments, and may be modifiable or non-modifiable. A permanent order (included in the final divorce decree) of spousal support may have reasonable conditions to its continuance attached, considering that the need for such support may change, thus altering the payor's obligation. These may include death, remarriage or cohabitation. Any permanent spousal support order is dependent upon the circumstances of the case, statutory and local court guidelines in determining the fairness, and any separation agreement between you and your spouse approved by the court. (For Modification See Post Divorce Decree Motions)
Distribution of Property/Debts:
During the divorce process the couple's debts/obligations and their assets are separated by a legal document called a Divorce Decree. The Decree is composed of several written documents, chief among them is called a Separation Agreement. The Decree spells out which spouse of the former couple receives which assets they formerly shared, and which obligations/debts each spouse will be responsible for in the future. Every divorce shares at least nine to twelve categories of assets/debts which should be specifically addressed in the Decree in as much detail as is necessary to clearly define which individual has which assets/debts and the extent of each, as is appropriate. The Decree is an enforceable court order which provides guidance to each spouse regarding their divorce, and a vehicle to provide care for the children as they mature.
The distribution of the marital property realigns the assets and the debts of you and your spouse. Unlike spousal support, the property distribution is not modifiable following the divorce decree. Many factors are considered during the court's determination that the distribution is fair, equitable and in accordance with the law, including statutory and the circumstances of your case. Some situations may include issues of "separate property", that is, property that is legally considered to belong only to one spouse. Generally, property acquired by gift, devise or descent (inheritance) is considered a non-marital asset, but may be converted to marital assets depending upon the particular circumstances of the couple. A pension plan accumulated during the marriage is an example of a marital asset.
Parental Rights and Responsibilities:
Parental Rights and Responsibilities [child custody] is the provision for the custody, care, and control of the minor children. This may be either sole custody by one parent or shared parenting by both parents. Child support in Ohio is governed by the child support guidelines enacted into statute. These are used by the court in determining the amount of the child support obligation. Medical obligations are also required and provided for in a similar manner. When children are involved, your attorney fees will increase, as well as the court costs and expenses. Many additional court orders are required as well as analysis of financial aspects of both spouses in computing each spouse's obligations of support.
These matters can be extremely complex. It is recommended that you retain an attorney to represent you in these matters to protect your interests.
GROUNDS:
Divorce in Ohio is fault based, that is one party is found by the Court to be "at fault" regarding one of eleven statutory grounds, which are:
- Either spouse had a husband or wife living at the time of the marriage from which the divorce is sought.
- Willful absence of adverse spouse for one year
- Adultery
- Extreme cruelty
- Fraudulent contract
- Any Gross Neglect of Duty
- Habitual Drunkenness
- Imprisonment of adverse spouse in a state or federal prison when the petition is filed.
- Procurement of a divorce outside Ohio, by either husband or wife, by virtue of which the spouse who procured it is released from the obligations of the marriage, while such obligations remain binding upon the other spouse.
- Living separate and apart, without cohabitation, without interruption, for one year.
- Incompatibility, unless denied by the other spouse.
CONTESTED AND NON-CONTESTED DIVORCE:
A divorce action is commenced by one spouse filing a complaint in the proper court of common pleas against the other spouse. Procedurally this is a civil suit and many of the rules associated with civil suits apply, as well as a body of rules specific to domestic relations actions. The spouse receiving the served complaint may file a formal answer to the allegations in the complaint, and may counterclaim for a divorce of his/her own. When this occurs, a contested divorce action is commenced and is so scheduled upon the court's docket. A contested divorce usually involves legal counsel for each spouse, and may involve further legal pleadings associated with any legal dispute, which is commonly called litigation. If no answer is filed by the defendant spouse, the case is deemed a non-contested divorce and is scheduled upon the non-contested court docket. A non-contested divorce usually will get to be heard by the court sooner than a contested one, and is usually less expensive.
Most divorces in the Miami Valley are non-contested in nature. Many of these will employ legal counsel only for the spouse who initially files the complaint, called the Plaintiff. In a typical non-contested divorce, the spouses are sill able to communicate with each other to effectively resolve most, if not all, of the divorce issues necessary to terminate their marriage and provide for the children. Plaintiff's counsel is thus able to guide both parties toward a mutually acceptable outcome through the inclusion of a separation agreement in the final divorce decree. However, Plaintiff's counsel may only represent the Plaintiff, and may not represent the Defendant spouse. Hence the importance of effective communication between the spouses during the non-contested divorce process. [For a discussion regarding Ohio's "no-fault" dissolution]
Temporary Orders:
In either a contested or non-contested divorce action, the Plaintiff will usually request some temporary orders from the court when filing the complaint, which may include custody (parental rights and responsibilities), child support, spousal support (alimony), temporary restraining orders of a personal and/or financial nature, and limited attorney fees, depending upon the circumstances. These orders are modifiable by the court and remain in effect pending the final divorce decree. All temporary orders are now drafted by your attorney for submission to the court, which then approves them.
Spousal Support:
Spousal support is awarded in response to the spouse's duty to provide sustenance to the other. Either spouse may now be awarded this support depending upon the circumstances. Spousal support is independent of any other order. The manner and method of payment may vary, being lump sum or periodic payments, and may be modifiable or non-modifiable. A permanent order (included in the final divorce decree) of spousal support may have reasonable conditions to its continuance attached, considering that the need for such support may change, thus altering the payor's obligation. These may include death, remarriage or cohabitation. Any permanent spousal support order is dependent upon the circumstances of the case, statutory and local court guidelines in determining the fairness, and any separation agreement between you and your spouse approved by the court. (For Modification See Post Divorce Decree Motions)
Distribution of Property/Debts:
During the divorce process the couple's debts/obligations and their assets are separated by a legal document called a Divorce Decree. The Decree is composed of several written documents, chief among them is called a Separation Agreement. The Decree spells out which spouse of the former couple receives which assets they formerly shared, and which obligations/debts each spouse will be responsible for in the future. Every divorce shares at least nine to twelve categories of assets/debts which should be specifically addressed in the Decree in as much detail as is necessary to clearly define which individual has which assets/debts and the extent of each, as is appropriate. The Decree is an enforceable court order which provides guidance to each spouse regarding their divorce, and a vehicle to provide care for the children as they mature.
The distribution of the marital property realigns the assets and the debts of you and your spouse. Unlike spousal support, the property distribution is not modifiable following the divorce decree. Many factors are considered during the court's determination that the distribution is fair, equitable and in accordance with the law, including statutory and the circumstances of your case. Some situations may include issues of "separate property", that is, property that is legally considered to belong only to one spouse. Generally, property acquired by gift, devise or descent (inheritance) is considered a non-marital asset, but may be converted to marital assets depending upon the particular circumstances of the couple. A pension plan accumulated during the marriage is an example of a marital asset.
Parental Rights and Responsibilities:
Parental Rights and Responsibilities [child custody] is the provision for the custody, care, and control of the minor children. This may be either sole custody by one parent or shared parenting by both parents. Child support in Ohio is governed by the child support guidelines enacted into statute. These are used by the court in determining the amount of the child support obligation. Medical obligations are also required and provided for in a similar manner. When children are involved, your attorney fees will increase, as well as the court costs and expenses. Many additional court orders are required as well as analysis of financial aspects of both spouses in computing each spouse's obligations of support.
These matters can be extremely complex. It is recommended that you retain an attorney to represent you in these matters to protect your interests.
WHAT DOCUMENTATION WILL I NEED TO PREPARE FOR MY DIVORCE?
Monte utilizes advanced computer legal software to analyze all financial aspects of your situation.
The documentation will vary depending upon your circumstances. As a general guide, you should gather any documents which reflect either an asset or obligation you or your spouse has. These include but are not limited to:
- Deeds and leases to realty with any mortgage
- Financial accounts; savings/checking, Certificates of Deposit, annuities, etc.
- Life insurance policies
- Titles to vehicles, boats, etc.
- Retirement accounts, either individual such as IRAs or corporate types such as pensions and 401Ks, including the most recent plan summary.
- All COBRA benefits to which the other spouse may be entitled
- Stock certificates, investment bonds and similar investment vehicles
- All appraisals of real estate or personal property or any business property in which the party holds an interest.
- Closing documents on all real estate purchases prior to marriage
- Account statements for any debts or assets greater than $500 owned immediately prior to the marriage
- Proof of the source of any inheritances or gifts, including the disposition of all such funds
- Any prenuptial agreements
- Current incomes; demonstrated by documentation including recent pay check stubs, bank invoices, employer statements or tax returns if self employed, disability payments, & unemployment compensation, including a break down for overtime, commissions and bonuses.
- Income Tax returns, federal, state and local, for the past three tax years, including all schedules and attachments, W-2's & 1099 .
- Copies of any bankruptcy filings
- Personal and Living Expenses: [Budget] Any regular and recurring bills, such as utilities
Finally, your Separation Agreement will usually include many items you and your spouse have agreed upon. These are subject to the laws of the State of Ohio. For instance, child support is regulated by law as to the amount, method of payment, and duration, to name a few. Monte will assist you in formulating your Separation Agreement and will draft the Final Decree in most cases. Any items which cannot be agreed upon with your spouse may be tried to the court, and the court's decision will be included in the Decree.
IT IS RECOMMENDED THAT YOU OBTAIN LEGAL COUNSEL IN ANY DIVORCE
It has become popular to attempt to handle one's own divorce without the assistance or advice of legal counsel. [called Pro Se - See Choosing Attorneys in Monte's Blog] Too many people later regret that decision when they fail to get what they thought they would, or later discover they received less than they could have. Relying on standardized forms alone, without adequate knowledge of how to use them, or even if you should, is no bargain. Few people attempt to prepare their own taxes or diagnose and treat their medical issues. Why would you even consider attempting to prepare your Divorce documents? Do it yourself divorce works out as often as do it yourself surgery.
There is no substitute for a professional family law attorney that is familiar, understands, and represents your interests in court. His knowledge of local court rules and legal procedures, as well as technical legal concepts, will be invaluable to you during the planning and prosecution of your divorce.
I invite you to contact me for an appointment and personal consultation to discuss your case. Monte is both affordable and practices law with a "personal touch" you will appreciate.
- Beware that your rights, interests, and obligations may be irrevocably harmed by improper handling of your divorce and
- that the court's personnel are not permitted to provide legal advice.
- All court documents including: all pleadings, affidavits, all court orders, separation agreement, and the Final Divorce Decree, are drafted by your attorney.
There is no substitute for a professional family law attorney that is familiar, understands, and represents your interests in court. His knowledge of local court rules and legal procedures, as well as technical legal concepts, will be invaluable to you during the planning and prosecution of your divorce.
I invite you to contact me for an appointment and personal consultation to discuss your case. Monte is both affordable and practices law with a "personal touch" you will appreciate.
FINANCES FOLLOWING THE DIVORCE
You should not make any major financial moves/decisions for six months to a year after a divorce. This time period is an emotional one in your life. Your cognitive abilities are handicapped by the traumatic event just experienced. You do not want to make any financial decisions by thinking with your heart. Susceptibility to scams: digital, phone and in person, are heightened. Keep all your money safe during this time by putting it into a savings account, CD, or money market account. Don't invest in any investment accounts, life insurance policies, or real estate during this time.
Contact all three credit bureaus (Experian, Equifax and TransUnion) to place a "credit alert" on your credit reports. Your ex-spouse most likely knows enough detail about your life to get hold of new credit, such as your social security number, mother's maiden name, old addresses, etc. Protect yourself from identity theft with a simple letter to the credit bureaus and lock down your credit.
Contact all three credit bureaus (Experian, Equifax and TransUnion) to place a "credit alert" on your credit reports. Your ex-spouse most likely knows enough detail about your life to get hold of new credit, such as your social security number, mother's maiden name, old addresses, etc. Protect yourself from identity theft with a simple letter to the credit bureaus and lock down your credit.
A Good Divorce Attorney Must Have A Working Knowledge Of Many Laws:
Tax Security Devices Corporate Wills and Trusts Partnerships Landlord/Tenant Real Estate Family Law Options Bankruptcy Retirement Negotiable Instruments It is critical that your attorney be familiar with the non-legal areas of:
Finance Settlement Negotiation Insurance Psychology Counseling The Art of Listening Abuse Anger Management Addiction The Marital Relationship |
I Am Devoted To Serving Family Law Clients In Matters Related To:
Contested Divorce/Non-Contested Divorce Dissolutions Child Custody Child Support Legal Separations Visitation Rights Unmarried Parents Fathers' Rights Parenting Issues Military Divorce Paternity Domestic Violence Appeals Annulments Military Divorce Debt/Asset Issues Contempt Grandparents' Rights Name Changes Modification Motions Temporary Orders Civil Protection Orders Annulments Alimony/Spousal Support Prenuptial Agreements Shared Parenting Plans Allegations of Abuse |
For TIPS ON CHOOSING THE RIGHT LAWYER, CLICK ON THE BUTTON BELOW.
LOCATION TO SERVE YOU:
- Clients: Catalina Manufactured Home Park at 6501 Germantown Rd., Lot 41, Middletown, Ohio, 45042-1264, on State Route #4 [My Home - by appointment only] (Near the Land of Illusion Haunted Scream Park.)
- Phone: 513 423-8912
- Email: Monte K. Snyder, Attorney
THE INFORMATION PROVIDED ON THIS SITE IS INTENDED TO BE A BRIEF OVERVIEW OF SOME OF THE LEGAL PROCESSES INVOLVED IN THE ISSUES ADDRESSED. ALL INFORMATION IS LIMITED TO OHIO. IT IS NOT INTENDED AS LEGAL ADVICE ON YOUR PARTICULAR CIRCUMSTANCES. IT IS ONLY INTENDED TO ASSIST YOU IN UNDERSTANDING THOSE PROCESSES.