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When Divorce Isn’t the End: How a Post-Decree Matters Lawyer in Cincinnati Ohio Can Help

April 23, 2025

Divorce May End the Marriage, But Not the Legal Obligations

Many people assume that once a divorce is finalized, all legal matters are behind them. In reality, life changes—and when it does, your court orders may need to change too. A post-decree matters lawyer in Cincinnati, Ohio helps clients manage and modify issues that arise after the final divorce judgment.

These post-divorce issues can include modifying child support or spousal support, enforcing parenting plans, or addressing relocation concerns. Ohio courts allow modifications when there’s been a substantial change in circumstances, but the process isn’t automatic or simple. That’s where experienced legal help comes in.

Common Post-Decree Issues

Some of the most common post-decree matters include:

Child Support Modifications: Changes in income or expenses may justify an adjustment to support amounts.
Child Custody or Visitation Changes: If one parent relocates, or if the parenting arrangement no longer works, it may need to be updated.
Spousal Support Modifications: Changes in employment, health, or marital status may lead to a new support structure.
Enforcement of Orders: If one party isn’t complying with court orders, enforcement action may be necessary.

How a Lawyer Helps You Navigate the Process

Filing for a post-decree modification requires evidence, legal filings, and in some cases, court appearances. A post-decree matters lawyer in Cincinnati knows how to present your case and advocate for your interests. Whether you're seeking a change or defending against one, legal representation can ensure your rights are protected and your voice is heard.

These situations are often emotionally charged, especially when children are involved. Having a lawyer manage the legal side allows you to focus on your family and future.

Work with a Trusted Post-Decree Lawyer in Cincinnati, Ohio

At Nicholas A. Kulik Law Offices, LLC, we understand that life doesn’t stand still after divorce. Our team helps clients across Cincinnati handle post-decree modifications and enforcement with clarity and confidence.

📞 Contact us today to schedule a consultation and find out how we can help with your post-decree legal needs.

How Property Division Works in High-Asset Divorces

April 17, 2025

Understanding Property Division in High-Asset Divorces

Not all divorces involve the same level of complexity. When significant assets, investments, or business interests are involved, property division becomes far more intricate. In these cases, it’s essential to work with an experienced Cincinnati division lawyer who understands how to protect high-value marital estates.

High-asset divorces often include real estate, retirement accounts, investment portfolios, business ownership, and sometimes even hidden assets. Untangling these holdings requires strategic planning, expert valuations, and deep familiarity with Ohio’s equitable distribution laws.

What Makes a Divorce "High-Asset"?

There’s no official number that defines a high-asset divorce, but these cases typically involve marital estates valued in the hundreds of thousands or millions of dollars. This could include:

Multiple real estate properties
Privately owned businesses or partnerships
Stock options and restricted shares
Valuable personal property (art, vehicles, jewelry)
Substantial retirement or pension accounts

Each of these assets needs to be identified, accurately valued, and fairly divided. Failing to properly assess even one piece of the puzzle can lead to an unfair outcome.

Ohio’s Approach to Property Division

Ohio follows the principle of equitable distribution, meaning assets are divided fairly—but not always equally. The court considers factors like the duration of the marriage, each spouse’s financial situation, and the nature of each asset when determining how to divide the property.

In high-asset cases, accurate valuation is critical. A skilled Cincinnati division lawyer may work with financial experts, appraisers, and forensic accountants to ensure no asset is overlooked or undervalued. Without proper legal guidance, you risk losing your fair share of complex assets like business interests, executive compensation, or long-term investments.

Common Challenges in High-Asset Divorce Cases

High-net-worth divorces often involve unique hurdles such as:

Hidden assets or undisclosed income
Tax implications of dividing large investment accounts
Valuation disputes over businesses or intellectual property
Dividing future assets like stock options or deferred compensation

Without the right legal strategy, these issues can delay proceedings or lead to unfair outcomes. Your attorney’s job is to uncover the full financial picture and advocate for a settlement that reflects your contributions and long-term financial needs.

Why Work With a Cincinnati Division Lawyer?

If you are facing a divorce with significant assets at stake, working with an experienced Cincinnati division lawyer can make all the difference. From the initial inventory of assets to negotiating settlements or representing you in court, your attorney plays a vital role in preserving your financial future.

At Nicholas A. Kulik Law Offices, LLC, we specialize in high-asset divorce cases and are committed to protecting what matters most to you. We bring a meticulous, strategic approach to every case—helping our clients move forward with clarity and confidence.

📞 Contact us today to schedule a consultation and discuss your next steps toward a fair and secure financial outcome.

Fathers Rights Lawyer Cincinnati

April 14, 2025

How a Fathers Rights Lawyer in Cincinnati Can Help You Protect Your Role as a Father

Fatherhood doesn’t end when a relationship does. Yet too often, fathers feel like they’re at a disadvantage in family court—especially when it comes to child custody or visitation rights. The truth is, Ohio law does not favor mothers over fathers. But enforcing your rights as a dad requires legal knowledge, strong advocacy, and the right strategy.

That’s where a fathers rights lawyer in Cincinnati becomes essential. Whether you’re trying to secure custody, gain parenting time, or simply establish paternity, having the right legal partner can help protect your relationship with your children for years to come.

What Are a Father’s Legal Rights in Ohio?

In Ohio, both mothers and fathers have equal standing in the eyes of the law when it comes to parenting rights. That means you are entitled to custody, parenting time, and involvement in decision-making for your child’s education, health, and welfare. However, if you were not married to the child’s mother at the time of birth, you must first establish legal paternity before asserting those rights.

Establishing paternity can be done voluntarily (through an Acknowledgment of Paternity Affidavit) or through court-ordered genetic testing. Once paternity is confirmed, you can request shared parenting or custody through the family court system.

A Cincinnati fathers rights lawyer will help guide you through this process, ensuring that your parental rights are legally recognized and protected.

Common Legal Issues Fathers Face

Fathers often come to us when they feel overlooked, alienated, or wrongly minimized in parenting plans. These are some of the most common situations where legal representation is crucial:

Establishing or challenging paternity
Seeking joint or full custody
Negotiating fair parenting schedules
Enforcing visitation rights
Modifying existing custody or support orders
Preventing relocation or interference by the other parent

Even if you’re already listed on your child’s birth certificate, that doesn’t always give you automatic legal custody. You need a lawyer who understands how Ohio courts treat fathers—and who will fight to protect your time and influence in your child’s life.

Dispelling the Myth: Do Mothers Always Obtain Custody?

No. Ohio courts do not presume that mothers are the better parent. Pursuant to ORC 3109.04, custody decisions are based on the best interest of the child, which includes, but not limited to factors such as parent's involvement, stability, willingness to cooperate, and emotional connection with the child.

In fact, many judges prefer shared parenting arrangements, where both parents remain actively involved. But the key is showing the court that you’re capable, reliable, and committed to your child’s well-being—and that’s exactly where a knowledgeable fathers rights lawyer in Cincinnati comes in.

Why You Need a Fathers Rights Lawyer in Cincinnati

Family law cases involving custody and parenting rights can be emotionally charged and legally complex. A dedicated fathers rights lawyer will help you:

Establish legal paternity and file for parental rights
Create or modify a parenting plan that works for you and your child
Negotiate custody and support terms with the other parent or their lawyer
Represent you in court, if an agreement cannot be reached
Enforce your rights if parenting time is being denied or limited

Having a local attorney who understands Hamilton County family court procedures gives you a strategic advantage. Your lawyer knows what judges expect, how to present your case effectively, and how to fight for an outcome that respects your role as a father.

Why Work With Nicholas A. Kulik Law Offices, LLC

At Nicholas A. Kulik Law Offices, LLC, we believe that every child deserves a strong relationship with both parents—and that every father deserves to have his voice heard in the courtroom. As an experienced fathers rights lawyer serving Cincinnati and surrounding areas, I help dads protect their bond with their children while navigating custody, paternity, and support matters with confidence.

Whether you’re just beginning the process or need help enforcing an existing order, we’re here to provide clear guidance and aggressive advocacy tailored to your goals.

📞 Ready to take the next step? Contact us today to schedule a consultation and protect what matters most—your relationship with your child.

What Does a Cincinnati Property Division Lawyer Do During Divorce?

April 11, 2025

When a marriage ends, one of the most complex and emotionally charged issues is the division of property. From real estate and retirement accounts to debt and personal belongings, separating what was once shared can be overwhelming. That’s where a Cincinnati property division lawyer comes in—guiding you through Ohio’s equitable distribution laws and helping ensure that you receive a fair share of the marital estate.

If you’re preparing for divorce in Cincinnati, understanding your rights when it comes to property division is critical. Here’s what you need to know—and why working with a local attorney can make all the difference.

Understanding Property Division in Ohio

Ohio follows the legal principle of equitable distribution, which means that marital property is divided fairly—but not necessarily equally—between spouses. “Fair” takes into account a range of factors such as each spouse’s income, contributions to the marriage, and future earning potential. This is where a Cincinnati property division lawyer can help protect your financial interests and ensure the process is handled properly.

It’s important to distinguish between two types of property:

Marital Property: Assets and debts acquired during the marriage, including income, homes, retirement accounts, and even business interests.
Separate Property: Assets acquired before the marriage, or by gift/inheritance, which may not be subject to division (though exceptions apply).

Proper classification of property is key—mistakes can result in significant financial losses.

Common Challenges in Property Division

Dividing property isn’t always as simple as splitting everything down the middle. Complications often arise when:

One spouse tries to hide or undervalue assets
A family-owned business is involved
Significant debts need to be distributed
There are disputes over who gets the marital home
Commingled assets (like a premarital inheritance used for a joint purchase) blur the line between separate and marital property

These situations require both legal strategy and negotiation skills. A Cincinnati property division lawyer will work to uncover hidden assets, bring in experts when necessary (like forensic accountants), and push for an outcome that reflects your best interests.

Do I Really Need a Property Division Lawyer in Cincinnati?

If your divorce involves any meaningful assets—such as real estate, retirement accounts, or a family business—working with an experienced lawyer is strongly recommended. Without legal guidance, you risk walking away with far less than you’re entitled to, or unknowingly assuming debts that aren’t yours.

A local lawyer familiar with Hamilton County courts and judges can offer key insights and represent your case with an approach tailored to Cincinnati’s legal environment.

Why Work With Nicholas A. Kulik Law Offices, LLC?

At Nicholas A. Kulik Law Offices, LLC, we understand how stressful divorce and property division can be. As a Cincinnati property division lawyer, I focus on making sure your financial future is secure by giving you honest advice, strategic representation, and clear communication every step of the way.

We take the time to understand your goals—whether that’s keeping the family home, retaining retirement assets, or protecting your business—and work diligently to help you achieve a fair outcome. With a deep knowledge of Ohio’s property division laws and a commitment to client-focused service, we’re here to protect what matters most to you.

Contact us today to schedule a consultation and take the first step toward peace of mind during your divorce.

How a Lawyer Can Help Settle My Divorce

March 25, 2025

Divorce is one of the most challenging and emotional legal processes a person can go through. Whether your divorce is amicable or contentious, having an experienced family law attorney on your side can make all the difference. A lawyer not only helps you navigate the legal complexities but also works to protect your rights, finances, and future. If you're wondering how a lawyer can assist in settling your divorce, this guide will walk you through the key ways legal representation can benefit you.

Understanding Your Rights and Legal Options

One of the first things a divorce lawyer will do is explain your legal rights and options. Many people enter the divorce process without fully understanding what they are entitled to under the law. Your attorney will help you determine:

How assets and debts will be divided
What your rights are regarding child custody and visitation
Whether you may be entitled to or responsible for spousal support (alimony)
How child support will be calculated

Having a clear understanding of these issues allows you to make informed decisions and avoid costly mistakes that could impact your future.

Negotiating a Fair Settlement

A major part of the divorce process involves negotiating terms related to property division, child custody, and financial support. Even in uncontested divorces where both parties agree to separate amicably, disputes can arise over specific details. A skilled divorce attorney will:

Advocate for your best interests in negotiations
Work to ensure an equitable division of assets
Help you reach a fair child custody and visitation arrangement
Negotiate spousal and child support to ensure financial stability

By having a lawyer handle negotiations, you reduce the risk of agreeing to unfavorable terms under emotional stress. Your attorney will focus on securing the best possible outcome for you.

Handling the Legal Paperwork and Court Filings

Divorce involves extensive paperwork and strict deadlines that must be followed to keep the process moving smoothly. A lawyer will ensure that all necessary documents are properly prepared, filed, and submitted to the court on time. This includes:

Divorce petitions and responses
Property settlement agreements
Child custody and support agreements
Court motions and financial disclosures

Filing errors or incomplete paperwork can delay the process and create unnecessary complications. Having an attorney manage this aspect ensures accuracy and compliance with legal requirements.

Mediating Disputes and Reducing Conflict

Not all divorces have to be settled in court. Many cases can be resolved through mediation, where both parties work with a neutral third-party mediator to reach an agreement. A lawyer can represent you during mediation, ensuring your rights are protected while working toward a fair resolution. Mediation often results in:

Faster settlements
Lower legal costs
Less emotional stress on both parties (and children, if involved)

If mediation is not successful, your attorney will be prepared to take the case to court and advocate for you before a judge.

Protecting Your Financial Future

Divorce has long-term financial implications, including the division of marital assets, retirement accounts, and debts. A lawyer will help you:

Identify all marital assets, including hidden or undervalued property
Protect your separate property and investments
Ensure fair distribution of retirement accounts and pensions
Advocate for spousal or child support when necessary

By working with a lawyer, you minimize financial risk and ensure that you are not taken advantage of in the settlement process.

Representing You in Court (If Necessary)

While many divorces are settled outside of court, some require litigation due to unresolved disputes. If your case goes to trial, your lawyer will:

Present evidence to support your claims
Cross-examine witnesses
Argue on your behalf for a fair judgment

Having an experienced attorney represent you in court increases your chances of achieving a favorable outcome, especially in high-conflict divorces.

Ensuring a Smooth and Enforceable Agreement

Once your divorce is finalized, your attorney will make sure the terms of the settlement are clear and enforceable. If your ex-spouse fails to comply with the agreement, such as refusing to pay child support or violating custody orders, your lawyer can take legal action to enforce compliance.

Conclusion

Divorce is a complex legal process that can impact your financial well-being, parental rights, and emotional health. Hiring a skilled divorce lawyer ensures that your rights are protected, negotiations are handled effectively, and the legal process runs smoothly.

At Nicholas A. Kulik Law Offices LLC, we understand the challenges of divorce and are here to guide you every step of the way. Whether through negotiation, mediation, or litigation, we will work tirelessly to help you reach a fair and favorable resolution. Contact us today to discuss your case and learn how we can help you through this difficult time.

The Legal Process Behind Adoption: A Step-by-Step Guide

February 25, 2025

Adopting a child is one of the most meaningful and life-changing decisions a person or family can make. However, the process involves several legal steps to ensure that the child’s best interests are protected. Whether you’re considering adoption for the first time or just beginning your research, this guide will help answer common questions and outline the key steps in the adoption process.

How Do I Adopt a Child?

The adoption process can vary based on factors such as the type of adoption, the child’s background, and state-specific regulations. However, the general steps to adopting a child include:

Decide What Type of Adoption Is Right for You
Adoption can take many forms, including:
- Domestic Adoption – Adopting a child within the U.S., either through an agency or privately.
- Foster Care Adoption – Adopting a child who is currently in foster care.
- International Adoption – Adopting a child from another country, which involves compliance with both U.S. and foreign adoption laws.
- Relative or Stepparent Adoption – A family member or stepparent legally adopting a child already in their care.
Meet the Legal Requirements
Every state, including Ohio, has specific requirements for prospective adoptive parents. These typically include age, residency, and background checks. More details on eligibility are discussed in the next section.
Complete a Home Study
A home study is a critical part of the adoption process. This involves an assessment by a licensed social worker who evaluates your home, lifestyle, and readiness to adopt. The process includes interviews, home visits, background checks, and references to ensure that the child will be placed in a safe and stable environment.
Work with an Adoption Agency or Attorney
Depending on the type of adoption, you may work with an adoption agency, an attorney, or both. Agencies help connect you with children in need of adoption and guide you through legal requirements, while attorneys handle the legal paperwork, parental rights termination, and court filings.
Wait for a Match and Placement
Once approved, you will wait for a child to be matched with you. The timeframe varies, especially if you have specific preferences regarding the child’s age, background, or medical needs. Once a match is made, the child is placed in your home under supervision before the adoption is finalized.
Finalize the Adoption in Court
After a set period (usually six months or longer), a finalization hearing is scheduled. A judge will review the case, confirm that all legal requirements have been met, and issue a final adoption decree, making you the child’s legal parent.

What Are the Requirements for Me to Adopt a Child?

Each state has its own laws regarding who is eligible to adopt. In Ohio, prospective adoptive parents generally must:

Be at least 18 years old
Pass a background check (including criminal and child abuse history)
Demonstrate financial stability to support the child
Complete the required home study and training
Show a stable and safe home environment

Marital status is not a barrier to adoption—both single individuals and married couples can adopt. Some agencies may have additional requirements, so it’s important to research and consult with a legal professional before starting the process.

How Long Does the Adoption Process Take?

The length of the adoption process varies depending on several factors, including the type of adoption, legal proceedings, and the child’s background. On average:

Domestic adoptions can take several months to a few years.
Foster care adoptions typically take 6 months to a year after placement.
International adoptions can take 1-3 years or longer, depending on the country’s requirements.

Patience is key, as each step of the process ensures the best outcome for both the child and the adoptive family.

Can the Birth Parents Reclaim the Child After Adoption?

Once an adoption is finalized, the biological parents' rights are legally terminated, and they cannot reclaim the child. However, in some cases, before finalization, birth parents may have a legal window to revoke their consent. This is why working with an experienced attorney is crucial to ensuring all legal requirements are met properly.

Conclusion

Adoption is a beautiful but complex legal process that requires patience, preparation, and the right guidance. Understanding the steps involved—from meeting eligibility requirements to finalizing the adoption—can help make the journey smoother for everyone involved.

If you are considering adoption in Ohio, Nicholas A. Kulik Law Offices LLC is here to provide legal guidance and ensure that the process is handled properly. Contact us today for experienced legal support as you take this life-changing step toward building your family.

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What Rights Do You Have as a Grandparent?

July 28, 2021

In a family law case, it’s not uncommon for grandparents to be involved. Grandparents often care very much about their grandchildren and want the best possible outcome for them. If a grandparent is concerned about their grandchildren, however, what options do they have under Ohio law?

Under Ohio law, grandparents may seek both custody and visitation rights from the court. These cases aren’t always easy to win, however, because courts typically recognize that parents’ rights trump grandparents’ rights in most family law situations.

VISITATION RIGHTS

Visitation rights for grandparents usually come up in three different situations. First, following the parents’ divorce or separation. Second, after one of the child’s parents becomes deceased. Last of all, the court will consider grandparent visitation rights when the child is born to an unmarried woman. When seeking visitation rights, courts automatically assume that parents are acting reasonably in deciding who their children can spend time with. In order to overcome this assumption, a grandparent will need to show that visitation with them is in the grandchild’s best interests. When determining what is in the child’s best interests, courts will typically consider things like the parents’ wishes and concerns, the child’s relationship with their parents, how far away the grandparents live, the child’s age, the child’s schedule and availability, the child’s health and safety, any prior child abuse incidents, as well as the mental and physical health of everyone involved. If you make a good enough case, the court may award you visitation rights even over the parents’ objections.

CUSTODY RIGHTS

If a grandparent is concerned about the wellbeing of their grandchild, they are also allowed to seek custody from the judicial system. As a general rule though, courts will not grant a grandparent custody unless they are able to prove that both parents are unfit to look after the child. Similar to visitation rights cases, grandparents are also required to prove that placing the child in their care will be in the best interests of the minor.

Schedule a Consultation

If you’re seeking to understand what rights you have as a grandparent, it may be best to have an attorney lay out your options for you. After all, grandparent custody or visitation cases can be very difficult to win. Contact us today to learn more about how an attorney can help you defend and assert your rights as a grandparent.

VISITATION RIGHTS

CUSTODY RIGHTS

Schedule a Consultation

What Is a Common Law Marriage?

July 21, 2021

Common law marriages do not require any license or formal ceremony. Instead, they depend on how the couple view the relationship and how they have acted. Typically, it arises in situations where two partners have been living together for some time and have been portraying themselves as married to friends, family, and the community. In places where common law marriages are recognized, both partners usually receive similar benefits to that of a formal marriage.

Common law marriages were legal in Ohio up until 1991. However, under statutory law, Ohio no longer recognizes this form of marriage for any relationship entered into after October 10, 1991. That means that, in modern day, there is only one way to become legally married here in Ohio: obtaining a marriage license from your local probate court.

Common law marriages that came into existence before this date remain valid, but they must meet certain requirements in order to qualify. Most importantly, the relationship can’t have ended through death, divorce, dissolution of marriage, annulment, or through any other judicial proceeding. Individuals must also prove that they are cohabitating, or living together, and that the reputation of their marriage exists. In other words, they must show that themselves and others view their relationship as one that is equal to a marriage. The reputation of marriage is often the hardest factor to prove.

Despite Ohio’s shift away from recognizing common law marriages, this form of a legal relationship is still recognized as a legitimate marriage in some states. In fact, Ohio will still recognize common law marriages in other states or countries where they are permitted.

Schedule a Consultation

If you are trying to figure out your marital rights under a possible common law marriage, it’s recommended that you get an experienced attorney to help prove the existence of such a relationship. Marital status can also affect several other areas of the law, including property rights, debt obligations, child custody, and medical rights. Contact us for a consultation regarding your situation today.

Being prepared for divorce could save time and money

February 8, 2021

When you’re ready to get divorced in Ohio, you don’t want to spend a lot of time searching for documents and trying to recall your monthly budget. Having those things ready before you talk to a lawyer could save you time and money, which are two things you’ll need as you prepare to end your marriage.

Organize financial documents

Consider all of the documents you needed to purchase or refinance your home. You likely needed to provide the last three years of tax returns, a month’s worth of pay stubs and a list of all your debts. Your divorce lawyer may ask for the same information. If you already have it on hand, you won’t have to pay for the time your lawyer would have spent making a list of the things you need to provide and the emails they would have sent to remind you.

Compile your monthly budget

If you are very organized and already have a detailed accounting of your monthly expenses, you’re already more prepared to get divorced than a lot of other people. However, if the stress of your marriage has left you disorganized, there’s still time to put together a budget and provide it to your lawyer. Start by writing down everything you know about your monthly expenses. For the next month, keep track of the money you spend. Compile all of the information in a digital document and send it to your divorce lawyer. Doing this will save them the time of having to calculate your expenses and, thus, save you money.

The decision to separate from your spouse might be an emotional one, but getting divorced is a legal matter. The more prepared you are with the documents your lawyer needs to prepare your case, the faster and less expensive the process is likely to be.

What State Do I Need to File for Divorce In?

February 1, 2021

A common misconception is that you must file for divorce in the state where your marriage license was issued. While this may be an option for you or your spouse, it is by no means a requirement. Rather, the answer typically depends on you or your spouse’s residency. Residency requirements for divorce filings vary state by state, however.

To file for divorce in Ohio, for example, at least one party must have lived in the state for at least six months before filing. Ohio further requires that one spouse live in the county where the divorce action is being filed for at least 90 days. Other states’ laws may differ on both the state and county residency requirements. Alternatively, some states, including Alaska, South Dakota, and Washington, have no minimum residency requirement. Other states, such as Idaho and Nevada, have extremely short time requirements for residency.

Additionally, you will typically need to provide some form of evidence proving that you or your spouse meets the residency requirements. This may include a driver’s license, voter registration card, or signed lease.

Schedule a Consultation

Figuring out which state you need to file in should be the last thing on your mind during a stressful event like divorce. At The Law Offices of Nicholas A. Kulik, we can take care of the complicated legalities so that you can focus on the things that matter. Reach out to us today so that we can assess your situation and get you started in the right direction.

What Happens If I Don’t Pay Spousal Support?

February 1, 2021

Spousal support, sometimes known as alimony, refers to court-mandated payments awarded to a spouse or former spouse within a separation or divorce agreement. These payments are typically ordered to help a spouse who has earned less throughout the course of the marriage or who might be put at a significant disadvantage when it comes to post-divorce earning potential. As you might imagine, once a court has ordered spousal support payments from one party to another, refusing to or consistently forgetting to pay them can result in serious legal consequences.

One potential consequence is being held in contempt of court. Contempt essentially means that you have been found guilty of violating a court order. This process begins when the other spousal party files a contempt motion requesting assistance from the court in enforcing the order. Under Ohio law, if the court finds an individual in contempt of violating a spousal support order, they can require that party to pay the court costs and attorney’s fees for the opposing party. This is in addition to whatever remedy they decide on for the missed payments.

Another potential consequence is income withholding or garnishment. The court can require that the spousal support be regularly taken directly from your wages. This helps minimize the chance that you fall behind on or fail to pay your spousal support payments in the future. Finally, another collection method is intercepting your tax refunds in an effort to collect any support owed.

Refusing to abide by any of these court-ordered consequences could result in jail time or hefty fines. If there has been a significant change in circumstances since the court’s original spousal support order, you may have the opportunity to have the court modify the order. Significant changes include serious illness, an emerging disability, an involuntary decrease in income, or increased living expenses.

Schedule a Consultation

At The Law Offices of Nicholas A. Kulik, we have years of experience helping individuals through family law issues, such as divorce and spousal support payments. Contact us for a consultation today so that we can begin helping you with your specific situation.

How is Child Custody Determined?

January 11, 2021

Understanding what happens to your children following a divorce or after a custody dispute is likely one of your most important and immediate questions. Typically, if the parties can agree on a custodial arrangement, then that arrangement will be honored. Otherwise, the court will look to the best interest of the minor child(ren). This requires the court to evaluate all relevant factors, including the wishes of the child’s parents, the child’s wishes, the child’s interaction and interrelationship with the child’s parents, siblings, and any other person who may affect the child’s interest, the child’s adjustment to the home, school, and community, and the mental and physical health of all persons involved.

After evidence is presented on these matters, the court will weigh the evidence as it applies to both parties. Custody orders can vary greatly and are made on a case-by-case basis, mostly depending on the specific circumstances of your situation. The court has the ability to decide whether joint custody (or shared parenting in Ohio) or sole custody is the best option. Shared Parenting involves a shared parenting plan agreement where both parties are deemed the residential parent and both have equal decision-making power over the child(ren) regarding school, medical, religion, and activities. Alternatively, sole custody means that one parent is making all major decisions regarding the child(ren) without having to consult the other parent.

Sometimes, toward the beginning of a custody dispute, a court will also issue an emergency custody order to provide as much stability for the child as possible. Emergency custody orders are usually reserved only when the child(ren)’s health, safety, and welfare is in immediate danger. The court may also modify custody orders if at any point it appears that things have changed to the point that a modification is in the best interest of the child(ren).

Schedule a Consultation

At The Law Offices of Nicholas A. Kulik, we’ve spent years helping Cincinnati families navigate the court system. We know what evidence is most important for your case and how we can best help you to get custody of your child(ren). Contact us for a consultation today so that we can begin helping you with your specific situation.

How Does a Professional Degree Affect My Divorce?

January 4, 2021

One of the biggest questions people have in preparing for a divorce is how assets will be divided. Similarly, you might wonder which assets are actually subject to division. For example, can the value of a higher education degree be split among parties? In some cases, a professional license or degree can be considered marital property under the law. Marriage and divorce laws are regulated under state law, meaning your degree may be marital property depending on where you and your spouse live.

While some jurisdictions consider a professional degree to be marital property, meaning that its economic value can be split equally among the parties, Ohio courts have refused to do so. Put another way, professional licenses or degrees are not subject to division in a divorce. Instead, if earning capacities are unequal, the degree is factored into the awarding of spousal support. Therefore, under Ohio law, a professional degree is relevant to the parties’ earning abilities, education, and overall income expectancies. Judges have a lot of discretion when determining spousal support and there is rarely a set formula for calculating it, meaning that it is important to know how all of your assets, including any professional degrees or licenses, may affect the court’s decision.

Schedule a Consultation

At The Law Offices of Nicholas A. Kulik, we understand the importance of getting answers to how your assets, licenses, and degrees may affect your divorce. Our firm charges a flat fee for a pre-divorce consultation. There is no obligation to enlist our services after an initial consultation, but a consultation may help to alleviate any concerns or answer any questions you may have about obtaining legal help.

Should you and your Fiancé Sign a Prenuptial Agreement?

December 7, 2020

Perhaps an unavoidable conversation in the coming months as you plan your marriage with your fiancé and loved ones will be whether the two of you should enter into a prenuptial agreement commonly known as a “prenup.” In Ohio, a prenuptial agreement is referred to as an antenuptial agreement.

While antenuptial agreements are sometimes ridiculed and characterized as a sign of callousness, in many instances the opposite is true. A well-drafted antenuptial agreement negotiated by two people that care deeply for each other will serve to protect both you and your fiancé’s rights in the unlikely event that your marriage hits a dead end.

What is an Antenuptial Agreement?

An antenuptial agreement is a contract that two parties enter into prior to marriage which generally outlines the distribution of marital property between the parties in the event they decide to end their marriage. Valid agreements clarify the parties’ respective financial rights and avoids unnecessary arguments throughout the process of divorce or marital dissolution by taking the work of distributing marital property out of the hands of a judge who has likely never met the couple and placing the decision in their own hands.

What Happens if you get Divorced and Don’t have an Antenuptial Agreement?

When a married couple files for divorce and cannot agree on a fair distribution of their property, a court of law steps in to decide what is an “equitable” distribution between the spouses. This process involves first classifying property as either “marital property” which is subject to division among the spouses and “separate property” which is not.

Marital property is generally any property acquired during the marriage by either spouse, irrespective of who takes actual title. This can include assets as large and expensive as your home.

Separate property on the other hand includes property which was:

Acquired before marriage;
Acquired by one of the spouses by gift or inheritance;
Acquired by one of the spouses as a result of a judgment or settlement; and
Property which has been excluded from marital property by an earlier prenuptial agreement.

The court will then distribute the marital property between the spouses “equitably” but not necessarily equally. Rather, the court is given wide discretion to enforce a fair division of the marital property in consideration of the couple’s full economic circumstances.

Drafting an Enforceable Antenuptial Agreement

If you decide that an antenuptial agreement is right for you and your future spouse, it is important to ensure that it is enforceable. As divorce becomes more and more common, courts have become friendlier to antenuptial agreements. However, they are still examined closely to ensure that the parties have provided one another a full disclosure of their respective financial assets and liabilities, that the agreement was entered into voluntarily, and that both the negotiation process and the terms of the agreement are fair and reasonable. An agreement that fails to pass any of these hurdles may be invalidated by a court.

Schedule a Consultation

We at The Law Offices of Nicholas A. Kulik are excited about your future marriage and are happy to counsel you through drafting an enforceable antenuptial agreement to protect your rights. We welcome the opportunity to review your case and answer any questions you may have.

Divorce, Dissolution of Marriage, & Annulment: The Differences & Why they Matter

November 23, 2020

Ending a marriage is a difficult decision. In the midst of one of the most emotionally-charged times in their lives, spouses who have decided to split up must nevertheless approach the months to come rationally in order to protect their most valuable assets as well as the rights of themselves and of their loved ones.

Every couple’s marriage story and decision to end their marriage carries its own unique facts and circumstances. Thus, there is no one-size-fits-all approach to ending a marriage. Accordingly, it is important to understand the difference between a divorce, a dissolution of marriage, and an annulment in order to find the smoothest transition into your life after marriage.

Divorce

A divorce allows a party to unilaterally terminate a marriage. When a party files for divorce, he or she is petitioning the court to end a marriage for a specific cause such as incompatibility, adultery, cruelty, habitual drunkenness, or willful separation of the couple for an extended period of time. This means filing a formal complaint against your spouse alleging sufficient grounds for divorce and then proving those grounds in a court of law.

Due to the often emotionally-charged grounds for seeking a divorce and the burden of proving these grounds, it is not uncommon for more than a year to pass before the divorce is finalized.

Dissolution of Marriage

A dissolution of marriage is typically the ideal remedy for a couple who has mutually agreed to end their marriage in seeking a “no-fault” divorce. Their reasons for doing so are irrelevant. The spouses file a joint petition requesting the court to terminate their marriage and approve a negotiated separation agreement and/or applicable parenting plan.

The chief challenge in obtaining a dissolution is coming to an agreement with your spouse and maintaining that agreement throughout the proceedings. However, assuming a fair compromise can be made, dissolutions are typically finalized much quicker and cheaper than divorces.

Annulment

Finally, an annulment is a court order that mandates that the marriage never took place while officially terminating it. An annulment will not be granted unless the reason for ending the marriage falls under extraordinary circumstances such as lack of consent, fraud, incompetence, or bigamy.

Like divorce, the burden of proving the existence of sufficient grounds for annulment may lead to a longer, drawn-out proceeding before the annulment is granted. However, because an annulment effectively erases any record of the marriage, a grant of annulment disposes of any obligation to pay spousal support. Accordingly, it may be the best financial option given the circumstances.

Schedule a Consultation

Regardless of whether you are facing a divorce, a dissolution, or an annulment, you should not face it alone. At The Law Offices of Nicholas A. Kulik, we understand how difficult ending a marriage can be and want to help make it as easy as possible while protecting your rights. We welcome the opportunity to review the facts of your potential separation and answer any questions you may have.

We charge a flat fee for initial pre-separation consultations. There is no obligation to enlist our services going forward, though a consultation such as this will provide you a good feel for whether you want us to represent you.

What to do with your Home During a Divorce?

November 9, 2020

Ending a marriage is a difficult decision that is made even more challenging if you are uncertain about what divorce will mean to you as a homeowner. It is important to understand how a court may view your home as an asset subject to distribution in order for you to make the best decision for you and your family.

An Equitable, but not an Equal Distribution

Divorcing spouses must ultimately divide and equitably distribute their assets, including, in many cases, their home. How the home is distributed depends on when the home was acquired and whether it may be considered “marital property” or “separate property.”

Marital property is generally property acquired during marriage by either spouse, irrespective of who takes actual title. Separate property on the other hand includes property that was:

Acquired before marriage;
Excluded from marital property by an earlier agreement such as a prenup;
Acquired by one of the spouses by gift or inheritance; and
Acquired by one spouse as a result of a judgment or settlement.

Courts distribute marital property “equitably” between the spouses. Contrary, to popular belief, an equitable distribution seeks a fair division of property and not necessarily an equal division of property in consideration of the full economic circumstances of the spouses. A home that is classified as marital property is no exception; each spouse is entitled to their own equitable share in its value.

So, what is a homeowner facing divorce to do in the face of a court that is instructed to divide property as it sees “equitable?” There are a few routes that may be taken.

Selling the Marital Home

Perhaps the most fundamental decision to be made regarding the marital home is whether to sell it or keep it. In some cases, selling the marital home may offer the cleanest break and the most closure for the couple. It also may be the most convenient option financially as it provides each party with a share of the proceeds of the sale less any selling costs.

Keep in mind, however, that selling the marital home nevertheless requires a great deal of negotiation and agreement between the parties on matters of making home improvements, hiring agents, accepting an offer to buy, and exactly how the proceeds will be divided.

Further, the timing of the sale is huge. While there are no restrictions on the sale of the marital home before filing for divorce, once either spouse actually files, a court will typically place a restraining order on the sale of the home.

It is also important to remember the tax implications of the sale—particularly the application of the capital gains tax. Capital gains taxes are federal taxes paid on the profits made upon the sale of a home which has appreciated in value. While you may be able to write off most or all of the profits made on the sale through the home sale exclusion, the timing of the sale as occurring either before, during, or after the divorce and your status as a joint or single filer is certainly a factor to be considered.

Keeping the Marital Home

It is also unsurprising that either or both spouses may not want to part with the marital home. Before deciding whether to negotiate to keep the home, it is essential to determine whether you can afford your mortgage payment and property taxes on your income alone. Obviously, there is also room for plenty of disagreement as to what an “equitable share” in the value of the home looks like to each spouse. Accordingly, it is important to eliminate as much uncertainty as possible by getting a professional appraisal to determine the fair market value of the home.

With the capability of sole ownership and an assessment of the fair market value of the home established, divorcing spouses have a number of options:

Agreement to Divide Large Assets

While the marital home is often a large financial asset and sometimes may take up the majority of the couples’ economic value, a couple with multiple large assets may negotiate and agree to divide them equitably. This is perhaps the quickest and easiest means of finalizing a divorce as it keeps the distribution out of a court’s hands. Keep in mind, however, that this option nevertheless involves negotiation with your former spouse to determine what a fair distribution looks like.

Buyout Your Ex

If you want to keep the marital home for yourself and you have a significant amount of separate property that is not already subject to equitable division, it may make sense to buyout your spouse’s interest in the home by paying the fair market value of your spouse’s equitable share in the home in exchange for sole ownership. The buyout is accomplished by refinancing your mortgage and removing your spouse from title to the home via a quitclaim deed.

Co-Own a Divorce Home

More amicable divorces sometimes find the former couple agreeing to co-own the marital home after divorce. This means agreeing on how and when the mortgage payments will be split each month, when the home will eventually be sold, and how the profits will eventually be divided. Keep in mind, that this option keeps the spouses bound to each other financially far after the divorce is finalized.

Schedule a Pre-Divorce Consultation to Gain Clarity

We welcome the opportunity to review the facts of your potential divorce and answer any questions you may have. We charge a flat fee for a pre-divorce consultation. There is no obligation to enlist our services going forward, though a consultation such as this will provide you a good feel for whether you want us to represent you.

Will you receive spousal support as part of your Ohio divorce?

October 27, 2020

During your marriage, there may have been a disparity between you and your spouse’s incomes. If there was, you will likely have concerns about supporting yourself during and after your divorce. Without your spouse’s earnings, you may be unable to make ends meet. Or, you may find it difficult – if impossible – to maintain the lifestyle you established together. In either case, it is important to understand whether you are eligible for spousal support in Ohio.

How Ohio courts determine spousal support

Spousal support awards are granted on a case-by-case basis in Ohio. Following state guidelines, the court will look at your marital circumstances to determine whether you need it. Your marital circumstances will also impact the value and duration of your award.

The factors the court will consider when ruling on your spousal support award include:

The number of years your marriage lasted
You and your spouse’s incomes and sources of income
You and your spouse’s shared standard of living
You and your spouse’s ages and conditions
You and your spouse’s educations
Your ability to seek employment outside your home given your childcare obligation
Whether you need education or training to become self-supporting
Whether you or your spouse’s marital responsibilities resulted in a loss of income
The tax consequences your spousal support award will have on you and your spouse

Different types of spousal support in Ohio

Two different types of spousal support exist in Ohio – temporary and permanent. If the court orders your spouse to provide you with temporary support, this will help you make ends meet during divorce proceedings. Temporary support will terminate, though, once your divorce finalizes. You will then receive permanent spousal support at the court’s discretion.

Keep in mind that permanent spousal support is not necessarily indefinite. Depending on your needs, it can be short-term or long-term. In either case, unless your divorce decree stipulates otherwise, your spousal support award will terminate once you or your spouse dies.

Some ways an Ohio business may divide during a divorce

October 20, 2020

A small business owner going through a divorce may need a strategy for dividing his or her company with a soon-to-be ex-spouse. Even if one spouse did not contribute meaningfully to a business, Ohio law still requires a fair split of all property acquired during a marriage.

A separate business acquired before a marriage, however, may still require a fair division during a divorce. As noted by the Ohio Laws and Rules, a spouse who contributed substantially to another spouse’s separate business and improved its value may have a right to ownership or its fair value.

A business relied on a spouse’s skills

A separately owned business that could not have flourished without the other spouse’s particular skills may require negotiation to divide its income fairly. If an individual worked at a spouse’s separate business as an employee, the divorcing couple may need to formulate a new agreement if they plan to operate the business together after the divorce.

As noted by the American Bar Association, if an individual’s skills or professional license contributed significantly, one spouse may need to buy out the other. A professional third-party appraisal may provide a fair market value to offer as part of a reasonable buyout arrangement.

A couple decides it is time to leave a business behind

Some divorcing couples may find that selling a business and dividing its proceeds offers them a reasonable opportunity to amicably go their separate ways. Based on how much each individual contributed to generating the business’s revenue, the division of its net proceeds may require some negotiation. To reach a mutually agreeable arrangement, each spouse may need to consider giving up a portion of another shared marital property.

5 steps to take in preparing for your divorce

April 13, 2020

If you find that your marriage has come to a dead end, you will want the divorce to go as smoothly as possible. This is an extremely emotional time in your life, but you need to be practical. To reduce stress and uncertainty, here are five steps to take in preparing for your divorce.

Identify assets and debts

You will need to identify both marital and separate property, the latter being anything that belonged solely to you prior to your marriage, or that you inherited or received as a gift. Marital assets would include such items as your primary residence, vehicles and financial accounts. Each item must have a value. As to marital debt, the easiest way to identify what you owe is to obtain a copy of your credit report.

Determine income

You will need documentation that verifies your income and that of your spouse. Bank account statements and financials will provide this information if your spouse is self-employed.

Open credit in your name

Before the divorce proceeding begins, close all joint credit accounts in case your spouse decides to go on a spending spree. Open a credit card account in your name only. Pay the balance due in full every month to build a good credit score.

Prepare your future budget

Once you have a good idea of your current financial picture, it will be easier to develop a post-divorce budget for yourself. Your lifestyle is about to change, but you can enter divorce negotiations knowing how much you will need to live on every month. If you have children, remember to figure their needs into the budget to determine the amount you will require for child support.

Remain above reproach

Provide all the information you collect to your attorney and keep copies for yourself. As you prepare for divorce, remember the importance of remaining above reproach. Do not go out and party or use social media to air your thoughts about the breakup of your marriage. Stay close to home, focus on the welfare of your children, rely on legal guidance and prepare for a divorce that will (hopefully) go more smoothly than you anticipated.

Winning a child custody battle

January 15, 2020

When it comes to child custody, all bets are off. Most parents will do almost anything to preserve their rights.

A judge decides parental rights during a divorce. Judges first and foremost look out for the interests of the children. They must follow federal and state laws. However, you do have some power over what happens.

What you can control

A judge will take your wishes into account when determining child custody. You can influence the judge’s decision. Prove your interests align with the interests of your children.

Maintain a positive relationship with your children and other members of the household. Avoid voicing negative opinions. A judge wants children to live in a positive environment.

Put your children first, regardless of your feelings about your spouse. Show you are willing to work with your spouse to provide a good situation for your children.

Prove you are worthy of the court’s trust. Be on time for court appointments. Avoid being argumentative. Emphasize your positive contributions to your children’s upbringing.

What you cannot control

Some factors are beyond your reach. It is important to recognize and do your utmost to work around them.

Children who are mature enough to decide about their future can express their wishes to the court. Respect what they say.

A judge considers changes in your children’s home, school and community. Show your commitment by continuing to live nearby, preferably in the same school district.

Nothing is more important than your children’s mental and physical health. Show through words and actions that you will support them in every way, no matter who wins custody.

Taking control

You always want to set a good example for your children. Fighting for their custody is no different. Judges are bound by the law, but they also will be looking at you. You must work to prove to the court that your child belongs with you.

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