Frequently Asked Questions
Q: What is the difference between legal separation and divorce?
A: Legal separation is not legally a termination of marriage. As a result, when a period of legal separation ends, you are still married to your spouse. Legal separation can be a good option if a couple is not sure they want a divorce or choose not to divorce for financial or religious reasons. Both legal separation and divorce still include court orders for child and spousal support, child custody and visitation, property division and other issues.
Q: What Are My Rights As A Father?
A: Fathers have the same right to physical custody as a mother does, and the case needs to be made to the court properly to show that custody with you is in the “best interests of the child.” This is the main threshold that most states require a showing of in order to award physical custody of a child to a parent. This means having a stable, clean home environment and avoiding the mistakes that have destroyed many men’s custody battles.
Visitation, also known as parenting time, is time when your kids spend time with the non-custodial parent (the parent that is not the every-day parent). Fathers can pursue this right and ask for the court to make visitation as little or as much as possible if the battle for physical custody has been lost. Unless there is some type of physical endangerment to the child, courts will allow “liberal visitation rights” in most states, because they realize that a father’s involvement in their children’s lives are important to their overall growth. Showing that you have proper sleeping arrangements, a clean home, and free time to spend with your kids is essential to making the argument for your rights to visitation time.
Q: What about payment?
A: We offer various options to make payments as well as financing options. Talk to us about affordable options to get things started. [ Link to Payment Page ]
Q: Where do you practice Family Law?
A: We primarliry serve Portage, Trumbull and Summit Counties with extended services in Geageau County.
Q: I am getting divorced. Do I need an attorney?
A: It ordinarily is a good idea to consult with a lawyer about major life events or changes, such as a divorce. They will protect your rights, as well as the rights of your children. They keeps current with the laws in your state concerning marriage, divorce, marital property, child custody and visitation, and family support.
Q: How Do I Avoid Probate?
A: The probate process can be time-consuming and expensive; many people seek to avoid it. Here are some examples of ways that can avoid probate:
Lifetime Revocable Trust: Establishing and funding such a trust requires transfer of all securities, and other assets. At death, a “pour over” will can transfer into the trust any property which is not already there.
Joint Property: Joint property passes to the surviving joint owner.
Life Insurance and Pension: These pass to the contract beneficiary.
Q: Who will raise your children if both parents die?
A: If you fail to name a guardian, then the court will do it for you, based on what it deems to be in the best interest of your child. Don’t wait, give us a call or email to start planning today.