Frequently Asked Questions

Divorce becomes significantly more complicated when substantial assets, real estate, investments, or business interests are involved. These cases require careful analysis, strategic planning, and an attorney prepared to address both financial complexity and contested issues.

Emily has experience handling complex divorce matters involving:

• High-asset divorce
• Complex property and asset division
• Business owners, executives, and professionals
• Divorce involving inheritances, pensions, IRAs, and 401(k) accounts

In many intricate divorce cases, it is necessary to work with qualified professionals such as business valuators, financial advisors, accountants, and appraisers—even when the goal is resolution without trial. Our firm regularly collaborates with trusted experts to ensure every financial detail is carefully examined and properly addressed.

If there are concerns about undisclosed income or hidden assets, we take those concerns seriously and pursue the information needed to protect your interests and achieve a fair outcome.

Complex cases demand preparation and resolve.

Ohio is an equitable distribution state, which means marital property is divided fairly—but not necessarily equally. In general, assets and debts acquired during the marriage are considered marital property and are subject to division, while certain property may qualify as separate property.

Separate property can include assets owned before the marriage, inheritances, and gifts made to one spouse individually. Whether an asset is classified as marital or separate often depends on how it was acquired, used, or commingled during the marriage.

Retirement accounts, such as 401(k)s and pensions, are commonly divided in divorce to the extent they were earned during the marriage. This typically requires a Qualified Domestic Relations Order (QDRO), a specialized court order that allows these accounts to be divided without tax penalties. The QDRO process can be technical and must be handled carefully to protect your interests.

Every case is different, and determining what you are entitled to requires a detailed review of your financial circumstances.

We can help you understand your rights and pursue a fair outcome under Ohio law.

In complex or contested divorce cases, it is not uncommon for one spouse to worry that the other may attempt to dissipate, conceal, or improperly spend marital assets before the case is resolved. Ohio courts have tools available to help prevent this from happening.

In appropriate cases, the court can issue temporary orders that restrict certain financial activity during the divorce, such as limiting unusual spending, transferring property, or disposing of assets without consent or court approval. These orders are designed to preserve the marital estate while the case is pending.

Protecting your assets also begins with being proactive. Understanding your financial picture—accounts, income, debts, and property—early in the process allows your attorney to take timely steps to safeguard your interests.

If you have concerns about asset protection, early legal guidance can make a meaningful difference.

You take control of your divorce by understanding your options and working with an attorney who can set a clear strategy from the start. Early planning, informed decision-making, and decisive action can significantly affect both the process and the outcome of your case.

At the Law Office of Emily Strang Tarbert, we focus on protecting your interests and moving your case forward efficiently. When resolution is possible, we work toward it. When it is not, we are fully prepared to litigate and advocate forcefully on your behalf.

Taking control starts with a clear legal strategy and an attorney prepared to act. We are ready to advocate for you—whether through negotiation or in court.

If you are ready to take control of the process, we are ready to help.

Many people who contact our office are not ready to file for divorce—they are trying to understand their options and decide what steps, if any, to take next. That uncertainty is common, and it is reasonable to seek information before making any decisions.

Even if you are not ready to file, taking time to understand your legal and financial position can help you protect yourself if circumstances change.

Divorce planning often focuses on two key areas: financial awareness and legal strategy. Understanding assets, income, debts, and potential outcomes helps you make informed decisions—whether you ultimately proceed with a divorce or not.

You do not need to be ready to file a divorce to speak with an attorney. We can help you plan, understand your options, and move forward at your own pace.

While our firm does not provide traditional financial planning or investment advice, understanding your marital financial information is an important part of preparing for a potential divorce. From a legal standpoint, being informed about your finances allows your attorney to advise you effectively and helps your case move more efficiently.

Legal preparation often includes gathering and organizing key financial documents, such as:

• Recent tax returns
• Bank, credit card, investment, and retirement account statements
• Documentation showing assets held individually or jointly
• Recent pay stubs and income records
• Information about outstanding debts and credit obligations

This process is not about creating a financial plan—it is about ensuring that accurate information is available so legal rights and obligations can be properly evaluated and addressed.

If additional analysis or financial expertise is needed, our office can coordinate with or refer you to qualified professionals such as financial advisors or accountants. This team-based approach helps ensure that legal decisions are made with appropriate financial context, without crossing into financial planning or advisory services.

We help you prepare from a legal perspective and connect you with the right professionals when necessary.

Strategic divorce planning focuses on preparing for the legal issues that may arise if a divorce or custody case becomes necessary. This includes understanding how decisions made early—often before a case is filed—can affect outcomes related to custody, parenting time, support, and property division.

From a custody perspective, courts look closely at each parent’s involvement in a child’s daily life. Being informed and engaged—such as understanding a child’s school, activities, medical care, and routines—can be relevant if custody or parenting time is later disputed. In some cases, maintaining organized records related to schooling, childcare, or parenting responsibilities may be helpful during temporary or final custody proceedings.

Strategic planning also involves timing and approach. Consulting with an attorney early can help you understand whether filing first is advantageous, how contested and uncontested cases differ, and which legal path aligns with your goals. The strategy for resolving a case through negotiation is often very different from the strategy required when litigation is likely.

You do not need to have made a decision to divorce to benefit from legal guidance. Understanding your options in advance can help you avoid unnecessary conflict and protect your interests.

We are available to discuss your situation and help you plan thoughtfully and deliberately.

Not necessarily. Many family law cases are resolved through negotiation, settlement, or agreement without a contested trial. When both parties are willing to cooperate, issues such as property division, support, and parenting arrangements can often be addressed efficiently outside the courtroom.

At the Law Office of Emily Strang Tarbert, we work toward resolution when possible, but we prepare every case as if it may proceed to trial. This approach ensures that, if litigation becomes necessary, you are represented by an attorney ready to advocate forcefully and effectively on your behalf.

Filing first does not automatically give you an advantage, but in some situations, timing and preparation can matter. The right approach depends on your goals, the level of conflict, and the specific issues involved—such as custody, finances, or the need for temporary court orders.

In certain cases, filing first allows a party to set the initial tone of the case, request temporary orders, or establish jurisdiction. In others, waiting may be the better strategic choice. There is no one-size-fits-all answer.

Speaking with Emily before filing allows you to evaluate your options, understand potential risks, and decide on a strategy that aligns with your circumstances. Careful planning often matters more than who files first.

We can help you determine the timing and approach that best protects your interests.

The length of a divorce depends on several factors, including whether the case is contested or uncontested, the complexity of the financial issues, and whether there are disputes involving children. Some cases can be resolved relatively quickly, while others take longer because of negotiations, court schedules, or litigation.

In Ohio, uncontested cases or dissolutions may be finalized within a few months. Contested divorces—particularly those involving custody disputes, significant assets, or ongoing conflict—often take longer.

While timelines vary, having a clear strategy, timely communication, and organized information can help move the process forward more efficiently. Our role is to manage the process, keep your case progressing, and work toward resolution as promptly as your circumstances allow—without sacrificing preparation or results.

When a divorce involves children, the court will address custody, parenting time, and child support to ensure stability during the pendency of the case. Temporary court orders may be entered early to establish decision-making authority, parenting schedules, and financial responsibilities. These orders can significantly influence how the case progresses.

Under Ohio law, custody and parenting decisions are based on the child’s best interests. Courts consider each parent’s involvement, the child’s needs, and each parent’s ability to provide a stable, appropriate environment. Final arrangements may be reached by agreement or, if necessary, decided by the court after hearing evidence.

Emily approaches child-related issues with careful preparation and a clear legal strategy. When cooperation is possible, she works toward practical resolutions. When it is not, she will be prepared to advocate forcefully in court to protect your children and your parental rights.

In Ohio, child support is calculated using state-mandated guidelines that consider factors such as each parent’s income, parenting time, health insurance costs, and childcare expenses. Courts typically begin with a guideline calculation, but the final amount may vary depending on the specific circumstances of the case.

While the guidelines provide a starting point, they do not always account for every situation. Issues such as shared parenting, self-employment income, bonuses, underreported earnings, or extraordinary expenses can affect the final support order. In appropriate cases, courts may deviate from the guideline amount when doing so serves the child’s best interests.

Our role is to ensure that income and expenses are accurately presented and that child support is calculated fairly under Ohio law. When necessary, we are prepared to challenge improper calculations or advocate for adjustments to reflect the realities of your situation.

Yes. Under Ohio law, child support and custody orders can be modified when there has been a change in circumstances. Common reasons for modification include changes in income, employment, parenting time, relocation, or the evolving needs of a child.

Child support modifications are typically based on updated financial information and guideline calculations. Custody or parenting time modifications require a more detailed legal analysis and must meet specific statutory standards, including whether a change is in the child’s best interests.

Modifications are not automatic and must be approved by the court. Requests should be carefully prepared and supported with appropriate evidence.

Our office helps clients evaluate whether a modification is appropriate, prepares the necessary filings, and advocates for changes—or defends against them—when circumstances warrant. When disputes arise, we are prepared to litigate to protect our clients’ rights and their children’s well-being.

Concerns about hidden assets or unreported income are taken seriously in Ohio divorce and support cases. Both parties are required to provide full and accurate financial disclosures, and intentionally concealing information can have legal consequences.

When there are red flags—such as unexplained spending, missing accounts, inconsistent income, or sudden financial changes—those issues can be investigated through the legal process. This may include formal discovery, subpoenas, document review, and, when appropriate, working with financial professionals to trace income or assets.

Our role is to identify inconsistencies, demand proper disclosure, and pursue the information needed to ensure a fair and accurate financial picture. When cooperation is not forthcoming, we are prepared to use court procedures to compel compliance and protect our clients’ interests.