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Cincinnati Legal Blog

Keeping peace during a divorce

When a couple in Ohio is going through the divorce process, they understand that it has the potential to become contentious. Divorcing like an adult means the divorcing couple understands that for their long-term good, they need to change course. A contentious divorce proceeding is only going to lead to problems and frustrations. It can have a negative impact on the finances of the divorcing individuals as well.

To be successful, a divorcing couple needs to get beyond emotions. They need to stop seeing their divorce as a zero-sum game where one side has to lose in order for the other side to win. It's not a matter of victory and loss. Instead, it needs to be a peaceful negotiation focused on ending conflict.

How foreign laws impact estate planning

Individuals in Ohio and throughout the country may have some of their assets held outside of the United States. However, they should still be accounted for in a person's overall estate plan. Generally speaking, it is a good idea to consider how an asset can be included in a plan before buying it. If a person does have a home, olive grove or other assets outside of the United States, it is critical that it be revealed to an estate planner.

An estate planner should be one of many advisors who can help create a plan that will meet his or her needs. Ideally, an attorney will also be part of this group, and that attorney should have expertise as it relates to how foreign assets are titled. It is also a good idea to obtain an attorney who understands the law in the country where the asset is located.

Common reasons divorce occurs

There are various reasons why married Ohio couples may decide to end their marriage. However, there are some reasons for divorce that is more commonplace than others.

A list that ranks the most common divorce reasons was created based in part on a study that was conducted by the National Center for Biotechnology Information. For the study, 52 people who had participated in a prevention and relationship enhancement program before getting married were polled. The goal of the program was to instruct couples on communication and resolving conflicts. The individuals who were polled for the study were those who were divorced 14 years after participating in the program.

Tips for estate planning with a valuable art collection

Some art collectors in Ohio may fail to make an estate plan or might have one that plans insufficiently for the art collection. Some cannot decide to whom to leave their collection and put off making the decision until it is too late.

Unfortunately, failure to plan can lead to significant costs and family discord. There might be estate taxes on the collection, and the art might end up distributed to the family in a way that some feel is unfair. The estate could end up in litigation as a result. However, there are several steps people can take to prevent this. Probate can be simplified by placing the art in the ownership of corporate entities since this does not require that it all be retitled. The art might also be placed in a trust and passed to individuals or a charity, but it is important that this is done in a way that minimizes taxes.

Marital problems that place Ohio spouses at risk for divorce

If you ever discuss marriage with your friends who also happened to be married, you may find that you can relate to some of their experiences and various challenges they face in their relationships. While no two couples are the same, spouses often face the same types of issues and by sharing their stories can provide encouragement and support to one another, especially when times are tough.

There are certain issues that can arise in marriage that reportedly place spouses at great risk for divorce. If you and your spouse experience one or more of these problems, it can signify a serious breakdown in your relationship. Every couple must decide how to cope with such problems. Some will seek counseling while others will simply sweep it all under the rug and remain unhappy in their circumstances. Then there are those who will decide that divorce is the most viable option toward resolving their differences.

How to avoid problems regarding prenuptial contracts

As you prepare for life as a newlywed in Ohio, you and your intended spouse will likely spend hours talking about your dreams, hopes and goals for the future. Perhaps you're planning to sign a prenuptial agreement to construct specific terms to help protect your assets as your future together unfolds. More and more people nowadays are using prenups to avoid contentious battles over finances if their relationships end in divorce.

Some say signing a prenuptial contract is an assumption that a marriage won't last. To the contrary, many spouses say their prenups strengthened their relationships because it signing such documents shows a willingness to cooperate and compromise and to hold each other's best interests in mind. It's definitely true that you shouldn't sign anything you don't understand. By keeping several things in mind, you can avoid prenuptial agreement problems.

The probate process and how it may be avoided

Some heirs in Ohio aren't thrilled about the probate process that typically occurs when a loved one passes away. This is partly because of a lingering misconception that probate can be a long, drawn-out ordeal. However, the experience with probate court doesn't have to be all that time-consuming if family members are prepared. It's also possible for surviving heirs to skip this process altogether.

Regardless of what steps are taken with trust and probate administration, all estates normally go to probate so asset distribution decisions can be made. If there's a will, the designated executor will handle distribution of assets; otherwise, the court will select an administrator to do so. As for avoiding probate, one option is for the estate owner to make their preferred heirs co-owners of various assets. The potential downside with this arrangement is that one heir could legally claim all assets.

Illness and risk of divorce for men vs. women

In most marriage vows, couples in Ohio promise to stay together "in sickness and in health." However, research shows that a spouse getting sick can increase the odds of divorce. Researchers have found that there is a gender difference when it comes to this statistic.

Researchers found that only women's illness was associated with an increased likelihood of divorce. Several studies have found that women diagnosed with cancer face increased odds of getting divorced. One study of 2,701 couples found that stroke and heart disease increased women's odds of getting divorced more than cancer or lung disease. This was not true for men.

Divorced couples may want to find new financial professionals

Some Ohio couples legally cut ties with one another while still using the same set of financial professionals for advice and assistance with investment, savings or estate planning matters. However, achieving a clean financial break from an ex may not be so easy if both former spouses continue to share the same set of advisers. This arrangement can be especially problematic if it's the other ex-spouse who chose those professionals and typically maintained contact with them.

It's not unusual for former spouses to gradually become more independent after a divorce is finalized. If a dependent spouse makes the decision to seek a new financial team, a common source of recommendations is that spouse's attorney. It's generally advised that a former spouse get a minimum of two recommendations for professionals in each specialty so that they can determine which one is the best fit for their needs.

Differences in attractiveness may lead to divorce

According to research and experts on the subject, men are more likely to go through a divorce when they marry women who are more attractive. Ohio couples who are mismatched in their respective levels of attractiveness might be at increased risk of divorce. According to a social psychology professor, couples who are not similar in physical attractiveness have romantic relationships that are less successful than others.

An analysis of online dating statistics indicated that both men and women actively pursue romantic partners who are 25 percent more attractive than they are. Other research finds that people somehow know their own levels of attractiveness and tend to seek relationships with similarly attractive people.

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Kroener, Hale & Penick Law Firm
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