If you or your spouse is filing for divorce, and one or both of you have large assets, properties or businesses, these issues can complicate your case. Not all attorneys are equipped to deal with complex and contested divorces, but the Law Firm of Emily Strang Tarbert has handled countless cases involving:
Often in complex divorce cases, it is necessary to consult with experts such as business valuators, financial advisers, accountants or appraisers — even if you are trying to achieve an uncontested divorce. Our firm works with a large network of professionals to ensure that utmost consideration is paid to every aspect of your case. If you believe your spouse is hiding assets, we can investigate and ensure equitable distribution.
In Ohio, all property acquired during a marriage is presumed to be community-owned. There are exceptions, however, and if it can be proven that something was owned prior to the marriage, inherited or gifted, you may be able to prove separate property ownership. In the case of a 401(k) or pension, it is necessary to secure a qualified domestic relations order to divide these accounts. This process can be complicated, and it is imperative that you have a lawyer to advise you.
Sometimes in a complex or contested divorce, one party fears that the other will spend all of his or her assets before the divorce is finalized. In these situations, you can have orders implemented to protect your assets. These orders place injunctions on each spouse during divorce proceedings and regulate spending during this time. Another way to protect your assets is to be proactive in your divorce planning by making yourself aware of your financial situation.
Although the legal system can seem prohibitive, securing exceptional legal counsel can make a vast difference between reaching an agreement and going to trial. Whatever your circumstances, our firm is strategic and aggressive in our role as your individual advocate.
When people contact the Law Firm of Emily Strang Tarbert, they are not always wondering how to get a divorce, but wondering if they should. As there is no legal separation in Ohio, it is important that couples contemplating divorce take steps to prepare themselves should they ultimately make that decision. In addition to marriage counseling, it is also important to undergo divorce planning. There are two main areas on which you should focus during this stage: financial and strategic.
It is important to gather your comprehensive financial information together, and to make yourself aware of your financial situation both as a couple and as an individual. Doing so will likely save you fees in the long run and will make your proceedings go more smoothly should you divorce. Financial planning can include:
If you feel you are not able to collect and interpret all of these items on your own, our firm can refer you to a financial adviser, or accountant, to aid you in these endeavors.
In addition to financial considerations, you may be worried about child custody, visitation and support. If you are not already, make sure you are actively involved in your children's lives. This includes knowing their friends, teachers, hobbies and activities, doctors, and interests. You should take your child or children to school, get them ready for bed, help with homework, feed them and bathe them. To prepare for future custody hearings, collecting homework logs, attendance records, report cards and day care logs can aid you when it comes to temporary and permanent custody rights.
Consulting a divorce lawyer early on in the process can also give you insight as to when and if you should file first. Depending on whether you and your spouse will engage in a contested or uncontested divorce, your goals may be different and therefore your legal process should be handled differently. Discussing your options with an attorney will save you headaches in the long run.
Even if you are simply contemplating divorce, but have not made any decisions, contact our office today to discuss how you can prepare.