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The problem though, is that in scenarios like these, neither party really comes out on top. By the time the fight is over, more damage will have been done to both parties than was ever in contention from the off. Sadly, the damage is almost never restricted to the parties either. More often than not, collateral damage exists in the form of terribly hurt children and devastated relatives. But it doesn’t always have to be so. Collaborative law affords couples an opportunity to end their marriage in a sane, civil manner. Through the medium of collaborative divorce, couples can find their common grounds and reach satisfactory agreement on differences in a swift and non-accusatory process.

At Shur Law , we have helped many couples find civil resolution to their marital disputes through collaborative law processes. By helping them find better and more conciliatory ways to resolve their differences, we help ensure that divorce does not turn out as difficult as it often sounds.In this article, we’ll explain what collaborative law means and how the mechanism of collaborative divorce helps couples find the least contrary way to end their marriage.

What is collaborative law?

Collaborative law, also referred to as collaborative practice , is an area of law that focuses on resolving disputes without involving the courts. It falls within a range of alternative dispute resolution procedures that are created to make the process of resolving disputes faster and less accusatory. Collaborative processes are similar to mediation and arbitration, with the difference that they focus on compromise and negotiation between the parties. Although the aim of collaborative law is to move disputes away from the court room, it usually involves lawyers. In processes that fall within this area of law, both parties will still retain attorneys although their jobs will not be to throw darts at each other. They may also involve other professionals such as collaborative coaches, financial specialists or child specialists.

Collaborative divorce is one of the processes within collaborative law. Although the final aim of the process is to secure the mutual separation of the divorcing couple, the focus of the process is to achieve this as painlessly as possible. This is why, aided by lawyers, the process helps the parties come to a mutually acceptable dissolution by employing cooperative techniques rather than adversarial strategies.Frankly speaking, collaborative divorce is the perfect process for couples that want to end their marriage in the least dramatic way possible. It also has the added advantage of protecting every other party involved, directly and indirectly, so the collateral damage is limited or even extinguished.

Benefits of collaborative divorce

There are several benefits to being able to avoid the spectacle of a full-blown court process in favor of collaborative divorce. Some of the most important benefits include the following:

Swift and painless process

Anyone that has had to go through a protracted divorce will agree that it can be more than a little inconvenient. Even when the process does not stretch into an extended debacle, it has the propensity to wring its participants out emotionally.

Traditional divorce is also invasive, and even at the best of times, may involve the disclosure of very private affairs to the public in court. Through collaborative divorce, couples can find a swifter and infinitely more private solution to their disputes.

Protect children and loved ones

The usual problem with divorce is that the emotional damage often spills onto individuals other than the couple. Children and loved ones are usually fair game in the maelstrom of emotions that surround divorce proceedings.

Collaborative divorce helps couples manage the situation much better, providing an organized civil process that helps them keep a handle on things. With your specially trained collaborative law attorneys working for you, there’s a much better chance that you can protect your loved ones while achieving the resolution that you need.

Negotiate a mutually beneficial compromise

Issues such as child custody, alimony and child support are often enough to turn even the most civil proceedings into a mess. One of the basic reasons for this is because lawyers on both sides are mostly looking to get what they can for one party, and that party alone.

This outlook often ends up with someone getting what they want, and the other getting left in an undesirable position. The peace doesn’t often last very long either. Should you choose to go the collaborative route, it makes it easier for you and your spouse to find a better, lasting solution to your differences.

How collaborative divorce works

The collaborative divorce process usually begins with contacting a trained collaborative divorce attorney. It is important to find an attorney that has been specially certified in collaborative practice, to ensure that they know what they’re doing.

Once you have decided on the lawyer you want to guide you through the process, you should meet with them privately to let them know what you want from the process. The next step after this will be to set up a meeting with both parties. It is at this meeting that the participation agreement will be signed by both parties.

What is a participation agreement?

The participation agreement is a special document that is expected to guide the collaborative divorce process. It is essentially an undertaking by both parties that they will participate in the process and do their best to ensure its success.

The document spells out the rights and responsibilities of both parties and their lawyers. By signing the agreement, you agree to negotiate the entire dispute and refrain from going to court or threatening court action. The agreement also contains something called a disqualification provision. The provision is a fail-safe that aims to provide the parties should the process fail to secure a resolution of the dispute. It provides that if the case gets to court, each party will have to hire a new lawyer.

There are two benefits to this. First, you can be confident that should the collaborative divorce fail, you will never have to suffer through a cross-examination fueled by material from the failed process. Second, it ensures that your collaborative divorce attorney is 100% committed to helping you settle the case. They know that if they fail, they’ll be out of a job.

The process usually comes to an end once a satisfactory arrangement has been reached between the parties. This will be evidenced in an agreement that will then be presented to a court for pronouncement. This seals it and makes it binding on both parties, with equal force as a judgment of the court.

Let us help you find a painless resolution

Our remit at Shur Law is to help our clients find the best possible solutions to their problems. And through the collaborative divorce process, we have helped many like you reach a satisfactory conclusion to otherwise sticky disputes.

Collaborative divorce can save you time, money and the emotional trauma of litigation. Should you wish to understand more about how the process can help you, please contact us (513) 448-4099.

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Are you wondering how to file bankruptcy in Ohio? Look no further. At SHUR LAW, we’re not only your reliable source for legal advice but also your partner in navigating the complexities of bankruptcy. Our experienced team guides you through the entire process, ensuring you understand the steps involved and make informed decisions. Additionally, if you’re searching for a bankruptcy attorney in Cincinnati, our services extend to providing expert assistance tailored to your local needs. From understanding the paperwork to representing your best interests, SHUR LAW is here to help you achieve a fresh financial start.

Here is how your Chapter 7 Bankruptcy case will proceed in 10 simple steps: 

Step 1: Upload Requested Documents 

We will need pay stubs, bank statements, car and house titles, tax returns, driver’s licenses, and social security card, separation agreement and/or divorce decrees, any recorded mortgages or deeds, retirement account info, and proof of taking the credit counseling course. All these items can be uploaded in MyChapter when you complete your questionnaire. 

Step 2: Complete and Submit Your Questionnaire 

You likely have already received a link to our only questionnaire, MyChapter. If you have not, please let us know so that we can send it. Please be as detailed as possible and fill in every question. Include all of your creditors. If you do not know about a creditor, go to www.annualcreditreport.com and get your free credit report. Make sure you save this as a pdf and upload it to MyChapter. 

Step 3: Review 

After you submit your quetionnaire to us, we will incorporate your answers into the documents required to file your case. The assigned paralegal will likely contact you to ask questions and get missing information. After review is complete, our office will schedule a signing meeting. 

Step 4: Credit Counseling 

Prior too filing your case, you must complete a court approved credit counseling course. We work with a company, debtorcc, that provides this service at a low cost. You should receive an invite from them directly. The fee for the counseling is separate and paid directly to the credit counseling company. 

Step 5: Signing Meeting 

At the scheduled signing meeting, your attorney will walk through all documents that you will be signing and answer any questions you may have. Your attorney will also explain the process at the one hearing, called a 341 meeting. We will need to know the balance of all of your accounts on the day of the signing meeting. Please screenshot that balance for us. At this meeting, your documents will be signed. 

Step 6: File Application  

We will file your application and send you an email confirming your case was filed. The filing is almost always done immediately following the signing meeting. Once the case is filed, the automatic stay will be in place and creditors are forbidden from contacting you. Please notify us immediately if the calls continue. 

Step 7: Setting a 341 Hearing Date  

The court will set a hearing date. At this hearing, we will either go to the federal courthouse or do a phone call with the court. It is very important that you be on time either in person or on the phone. Please contact your attorney as soon as possible if there is any issue with your attendance. The hearing is presided over by a Trustee, who is an attorney in the community that has an extensive background in bankrupty and is appointed by the court to search for assets. The trustee will swear you in and ask if the information is correct and if the document has your signatures. Answer all questions truthfully. 

Step 8: Post 341 

Our office is in constant contact with the trustee for your case and the US Trustees office. We submit all required documents prior to the hearing. Occasionally an issue with arise or the trustee will ask for an amendment or supplemental document. If we request information or documents from you, please provide those as quickly as possible so that we can satisfy those requests. The discharge will be filed by the court approximately three months after the 341 meeting. 

Step 9: Debtor Education Course 

At any time after your case is filed, you can complete the debtor education course. If you are in a Chapter 13, the trustee will send you the information regarding this course and her office will pay for this expense. For Chapter 7 cases, this course must be paid for by you. You will get notifications from our partner, debtorcc.org prompting you to complete this course. Your case cannot be concluded until the course is done. 

Step 10: Case Completed

Once you have a discharge from the court the debts listed and not subject to an exclusion will be removed as a debt you owe. Filing bankruptcy will lower your credit score, but you can find tips on how to raise it again here.  

Call us at 513-449-0990 to schedule a consultation with one of our attorneys.

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Estate Administration is the process by which an individual’s lifetime financial affairs are wound up and their property and assets are distributed after they die. 

How does one complete an estate administration? There are several steps that need to be taken with following the local rules to open, distribute and close an administration. Each county will differ.

Key points you need to know in order to start the process:

Did the decedent have a Will? 

If there was a will, then the original, will be filed in the county where the decedent lived. If there was not a will, then an application to administer the estate will be completed and filed. 

Who are the next of kin? 

Section 2105.06 – Ohio Revised Code | Ohio Laws

What are the responsibilities of an executor/administrator? 

• Carrying out the wishes of the decedent’s will or following Ohio/Kentucky laws.
• Paying creditors
• Meeting court deadlines
• Distributing assets appropriately

What to Expect During an Estate Administration: 

Estate Administration cases usually take between 9-12 months but can take longer depending on the estate involved. Patience and reasonable expectations are necessary. We’ll get there but we’re on court time, which is like lake time. 

If you need assistance, please call us or feel free to send us an email. We are happy to help!

The post Ohio Estate Administration first appeared on Shur Law.

While we create your estate plan, we will focus on helping your trustee and/or executor avoid the long, stressful, and expensive process of probate.   

In order for your estate to avoid probate, you must have all assets you own at the time of your passing in either a properly executed Trust or designated as a “payable on death” or “transfer on death”.  Examples of some of these documents and designations used to transfer ownership outside of probate (non-probate) are:  

1. Transfer on Death Deed; 
2. Payable on Death Bank Transfer;
   • A form you request from your Bank.
3. Payable on Death BMV Transfer; and
   •  A form you request from the BMV.
4. Life Insurance Beneficiaries.
   •  A form you request from your Life Insurance 

We recommend that every estate plan have a minimum of a Final Will and Testament or Pour-over Will and a Financial and Medical Power of Attorney. There are additional documents that we can prepare such as a living will or health care directive. We can discuss these and others upon your request.

We will draft your estate planning documents and then reach out to schedule a signing meeting. Prior to your signing meeting, we will send you a draft of your documents for your review. Please reach out to us with any changes that you would like to make before your scheduled signing meeting.  You will need to bring your identification to the signing meeting and it usually takes about an hour. 

Expectation Setting  

Estate Planning Cases usually take between 2-4 weeks but can take 3-4 months depending on the nature of your assets, the level of planning needed, and your availability. 

Call 513-449-0990 to schedule a consultation with one of our estate planning attorneys.

The post Estate Planning In Ohio first appeared on Shur Law.

Estate Administration is the process by which an individual’s lifetime financial affairs are wound up and their property and assets are distributed after they die. 

How does one complete an estate administration? There are several steps that need to be taken with following the local rules to open, distribute and close an administration. Each county will differ.

Key points you need to know in order to start the process:

Did the decedent have a Will? 

If there was a will, then the original, will be filed in the county where the decedent lived. If there was not a will, then an application to administer the estate will be completed and filed. 

Who are the next of kin? 

Kentucky Revised Statutes – Chapter 391

What are the responsibilities of an executor/administrator? 

• Carrying out the wishes of the decedent’s will or following Ohio/Kentucky laws.
• Paying creditors
• Meeting court deadlines
• Distributing assets appropriately

What to Expect During an Estate Administration: 

Estate Administration cases usually take between 9-12 months but can take longer depending on the estate involved. Patience and reasonable expectations are necessary. We’ll get there but we’re on court time, which is like lake time. 

If you need assistance, please call us or feel free to send us an email. We are happy to help!

The post Kentucky Estate Administration first appeared on Shur Law.

What An Estate Plan Does

The purpose of an estate plan is to prepare for the future of your assets. Real estate property and items such as your vehicles, art collections, furniture, and other sentimental or valuable belongings will need to go somewhere after your departure. Many people use an estate plan to list the names of people in their life that they want these belongings to be given to. But what you can pass down to beneficiaries is not limited to just tangible items, as assets such as retirement accounts, stocks, or bonds can be distributed to any individuals or charity organizations you choose. Essentially, what an estate plan does is legally confirm that what you have accumulated and built over the course of your life is transferred to those you care about the most.

Personal Injury Accidents

Car accidents, medical malpractice, slip and falls, dog bites, truck accidents, and workplace accidents, among many others, are all examples of personal injury accidents in which someone is probably at-fault for what happened. The substantial expenses resulting from a disastrous injury could significantly hinder securing a successful future for your children and family after your lifetime. When someone else is the cause of your injury and loss, it’s only understandable that you would want to speak with a law firm, similar to Cohen & Cohen, about receiving compensation. Depending on what you endured, you could be eligible for damages including medical costs, property repair or replacement, loss of earnings, loss of future earning potential, pain and suffering, physical therapy, mental health assistance, rehabilitation, and more.

Your Family’s Future

Seeking help from a lawyer after suffering in a personal injury accident is a wise path to take, as it allows you to protect your family’s future too. By holding an offender accountable and receiving fair compensation based on your losses, it protects your assets from having to be used. After all, if an individual, company, or other party is responsible for how your life has been negatively impacted, then why should you have to pay for the consequences of their poor actions? If this information provided resonates with you and what you are going through, consider meeting with a legal team for further help as soon as possible.

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