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Guardian ad litem in Divorce

Every divorce process is a difficult one. Once-close bonds are broken, and families and possessions are divided. Spouses negotiate property rights and monies owed to one another. And if you have children, the process becomes all the more difficult with deciding parenting plans. These situations are where it may be appropriate to obtain a guardian ad litem.

A guardian ad litem (GAL) can be requested by either party in a family law case, but a GAL will not assist in a case until the court has ordered one to do so. The GAL’s duties are to represent the best interest of the child. GAL’s do not necessarily represent the child’s desires, other advocates may be appointed for that, GAL’s are only concerned with what is the best possible situation for the child.

Some of the tasks a GAL fulfills are to investigate the child’s life while they are in the care of either party. They do this by collecting medical and school records, and speak to witnesses from both parties. Although it is not their main function, they can help facilitate negotiations between parties. The GAL’s goal is to make sure that the child’s needs are met by all parties involved as both the case progresses and as it concludes. GAL’s do not make the final decision as the care of the child, however they do make recommendations to the court based on findings of their investigation.

If you find yourself in the midst of a divorce where custody issues are arising, trust your experts at Skinner & Associates to guide you through the process with a gentle hand. Skinner & Associates prides itself on providing exemplary customer services in this and other areas of our country’s legal system. We take every measure to ensure you are satisfied in all your legal needs. To learn more about how we can serve your needs please visit our website or call us at (614) 664-0200 today. Like us on Facebook to stay up-to-date on current tips and information.

The information at the Skinner & Associates, LLC website is intended for general informational purposes only and not as specific legal advice. Use of this site is not intended to and does not in any way establish an attorney-client relationship. Visitors to this site should seek professional legal counsel regarding their specific matters. Attorneys at Skinner & Associates, LLC would be pleased to speak with interested parties, but we can only represent clients where we are licensed to practice, and where no other bar to representation exists. If the information provided by this website does not comply with the legal or ethical requirements of a particular user’s state or country, we may be unable to represent you. Although we are a general practice law firm, we may be considered a debt relief agency because we help people file for bankruptcy relief under the Bankruptcy Code.

Sources: https://ptla.org/what-guardian-ad-litem

Violation of Divorce Decree: The Consequences & What You Should Do

Divorce is a highly emotional and stressful process and can be made more difficult by a former spouse who refuses to play by the rules – and by rules, we mean the divorce decree. Divorce decrees are agreements settled upon by both parties and may cover a number of issues, from child custody matters to the division of marital property. Sounds simple enough, but when one party decides to no longer comply, it can leave the other party frustrated and unsure of how to handle it. A few violations of a divorce decree are as follows:

The liable party stops making spousal support (alimony) or child support payments
One party refuses to allow the other party to see children or keeps children longer than specified in the custody agreement
Retains more proceeds from the sale of shared property or refuses to surrender any items listed in the divorce decree

If your former spouse hasn’t been following the agreement in your case, there are steps to take to file an action and have your spouse ordered to follow the agreement. First, you must try and document every violation committed by your former spouse. This means keeping any and all copies of late or short support payments, bounced checks, or any other evidence that suggests your ex-spouse hasn’t been keeping up their end of the bargain when it comes to alimony, child support payments, or other terms of the agreement. The results of being found in violation of a divorce decree can be harsh. Civil judgments can include:

Divorce Decree

Orders to pay all past-due spousal support and child support with interest and penalties
Orders to pay the complaining spouse’s court costs
Garnishment of wages
Reallocation of parental rights, parenting time or visitation
Forfeiture of property

In some cases, there can even be jail time if the spouse who is not making support payments is found to have adequate financial resources, or if they refuse to abide by visitation agreements. The length of the sentence is left to the judge’s discretion.

Divorce issues, especially when they deal with child custody, are fraught with emotion and exhaustion. This is a very difficult time and in many cases, a lot is on the line. You need the help of a lawyer who is experienced in family law. Skinner & Associates represents individuals in a number of areas of family law. If you have questions or concerns regarding your rights or obligations, we will work aggressively on your behalf. Skinner & Associates will give you the personal attention that you deserve. Contact us today for a no obligation consultation by calling 614-664-0200, emailing [email protected], or visit our website for more information about Skinner & Associates Attorneys at Law.

Divorce

Divorce, Dissolution & Legal Separation

Divorce is one of the hardest decisions a person has to endure. The undertaking can be emotionally painful and should not be entered into lightly. Much thought and consideration goes into it before the decision is made. If you decide to proceed, it is critical that you learn and understand the differences between legal separation, divorce, and dissolution.

Legal Separation is an arrangement by which a couple remain married but live apart, following a court order. In a legal separation, the marriage remains legally intact, but the issues addressed by the court in a final order of legal separation are the same matters that are dealt with in a divorce or dissolution.

There are many reasons why a legal separation is the road some people take instead of divorce or dissolution of marriage.

Some of these reasons may be:

The emotional impact of being divorced — both parties cannot accept the significant social and psychological impact.
Religion – some religions prohibit divorce.
Financial considerations to remain technically married.
- Health insurance. Many couples are motivated to remaining married (legally separated) because of health insurance. In some employer health insurance plans, the coverage and costs change if you divorce, but not if you get a legal separation.
- Social security. The need to remain married in order to meet the 10-year requirement for social security benefits. The decision to legally separate generally means there is a strong desire to provide financial support to the spouse.

Divorce or Dissolution is a legal dissolution of a marriage by a court, a couple is no longer married. However, in all cases, the court addresses the same matters whether it be pertaining to residential parent, legal custodian, parenting rights, child support, spousal support, division of property and payment of debts. Legal separation agreement may later be the basis for grounds for a divorce. However, the marriage remains legally intact until one of the parties says differently.

Divorce vs. Dissolution:

While both of these process annul or put an end to a marriage, there is a difference. It’s important to know when selecting between a divorce vs. dissolution – a dissolution of marriage in Ohio is a much different process than that of a divorce.

While a divorce may end in settlement instead of a trial, a dissolution begins and ends as a settlement between the parties. Additionally, there does not need to be “fault” for a dissolution like there is for a divorce.

Whether a legal separation, a divorce, or a dissolution, if you find yourself down this path, our attorneys will provide you with the one-on-one attention needed for your family law matters and are here to explain all of your options. Contact Skinner & Associates Attorneys at Law or call 614-664-0200 to schedule a consultation. We are here to help you through the transition.

The information at the Skinner & Associates, LLC website is intended for general informational purposes only and not as specific legal advice. Use of this site is not intended to and does not in any way establish an attorney-client relationship. Visitors to this site should seek professional legal counsel regarding their specific matters. Attorneys at Skinner & Associates, LLC would be pleased to speak with interested parties, but we can only represent clients where we are licensed to practice, and where no other bar to representation exists. If the information provided by this website does not comply with the legal or ethical requirements of a particular user’s state or country, we may be unable to represent you. Although we are a general practice law firm, we may be considered a debt relief agency because we help people file for bankruptcy relief under the Bankruptcy Code.

Sources:

https://www.ohiobar.org/ForPublic/Resources/LawYouCanUse/Pages/LawYouCanUse-101.aspx

https://www.avvo.com/legal-guides/ugc/legal-separation-vs-dissolution-of-marriage

http://loraindivorceattorney.com/practice-areas/divorce-vs-dissolution/

What is Civil Litigation?

Civil litigation is a legal process that enables individuals, businesses and other entities to utilize the court system to work through disputes. Unlike a criminal case, in which an individual is prosecuted for violation of a law or statute with the end penalty being monetary fines, imprisonment or both, civil litigation is a personal disagreement in which one or more parties is seeking for a judge to award monetary restitution for a wrong committed against them. There are five common types of civil litigation which might be heard in a court of law.

Personal injury
Breach of contract
Divorce and family law
Property disputes
Landlord and tenant disputes

Personal injury

A person injured case is filed because of the negligence of another individual or entity that results in some form of bodily injury. The most common cases are the result of a motor vehicle accident, a slip-fall case or a product liability.

Divorce and family

A family law case can be a particularly difficult civil litigation process because of the emotion that is involved in family dynamics. Generally, these are the result of a petition for separation or divorce, child custody, child support and domestic violence cases.

Breach of contract

Contracts typically state very clearly the expectations one party has of another. When the terms of this documentation are not met, the wronged party has the right to file a lawsuit for breach of contract. The plaintiff can sue to recover the monetary loss as a result of the default of the contract or they might request that the judge order the defendant to act in accordance with the stipulations of the contract.

Landlord and tenant

One of the most common forms of landlord/tenant legal matters is an eviction. This typically arises when the tenant does not comply with the terms of the lease agreement.

Property disputes

Typical property disputes include property line disagreements, ownership rights and concerns and title claims. While the plaintiff might choose to seek financial compensation for these cases, often they are simply looking for the right of ownership.

At Skinner & Associates, Attorneys at Law, we are professionals in civil litigation cases in the State of Ohio. If you or someone you know has a civil dispute, contact our trusted team for a free consultation.

Civil Litigation in Columbus, Reynoldsburg OH

The information at the Skinner & Associates, LLC web site is intended for general informational purposes only and not as specific legal advice. Use of this site is not intended to and does not in any way establish an attorney-client relationship. Visitors to this site should seek professional legal counsel regarding their specific matters. Attorneys at Skinner & Associates, LLC would be pleased to speak with interested parties, but we can only represent clients where we are licensed to practice, and where no other bar to representation exists. If the information provided by this website does not comply with the legal or ethical requirements of a particular user’s state or country, we may be unable to represent you.

Although we are a general practice law firm, we may be considered a debt relief agency because we help people file for bankruptcy relief under the Bankruptcy Code.