Smith, Meier & Webb, LPASpringboro Family Law Attorney | Personal Injury & Criminal Lawyer2024-03-17T13:34:52Zhttps://www.johndsmith.com/feed/atom/WordPressOn Behalf of Smith, Meier & Webb, LPAhttps://www.johndsmith.com/?p=500662024-03-17T13:34:52Z2024-03-17T13:34:52Zof the factors that will influence how this plays out include:
The duration of the marriage
Each spouse’s assets and liabilities
The earning capacity of each spouse
The financial and non-financial contributions of each spouse to the marriage
The tax implications of the divorce
The liquidity of the marital assets and each spouse’s desire to retain some assets intact
Any legally binding agreements like a prenup
Any other relevant factors
When the division is complete, you could end up with equal or unequal portions of your marital assets. Equitable division is about ensuring a just division and not necessarily a 50/50 outcome.
Tips: Preparing for the property division process
While you are entitled to a fair division of marital assets in Ohio, preparing for the property division process can help ensure a smoother and more favorable outcome. First, organize financial records like bank statements to understand your current finances. Next, identify the marital assets from separate property and gather supporting documentation to avoid complications down the line.
It is also important to familiarize yourself with what the law says about dividing marital property and how things work. This can help you assert your legal rights. Avoid making rash decisions and prioritize your long-term financial security.
Lastly, strongly consider seeking legal guidance to navigate the complex process of property division. Making this effort can help provide invaluable assistance, represent your interests and better ensure that you make informed decisions toward realizing a fair resolution.]]>On Behalf of Smith, Meier & Webb, LPAhttps://www.johndsmith.com/?p=500632024-02-28T22:48:12Z2024-02-28T22:48:12ZIt’s crucial for truck drivers to operate their vehicles in a safe manner. A semi-truck can weigh up to 80,000 pounds and can crush a passenger vehicle, which probably only weighs around 4,000 pounds. A single mistake by any driver is problematic, but the ramifications can be more severe if they are a truck driver.
Unfortunately, some trucking companies do things that may actually promote unsafe driving. They can put extra pressure on their drivers to be productive, to hit deadlines and to get more done. All of this may help the business and increase the revenue that they earn, but it can also make the roads more dangerous.
Pay by the mile
One example of this pressure is that many truck drivers are paid by the mile. For instance, a driver could get $.50 for every mile that they covered during the day.But this is problematic in two ways. First, if the driver wants to increase their earnings, they need to find some way to cover more miles. They could do this by breaking the speed limit, for instance, or by driving for additional hours even when the regulations say that it’s time for a break. In other words, the driver has a financial incentive to break the regulations if they think they can earn more money.On the other hand, drivers who get stuck in traffic may feel that they are actively losing money. They were planning on earning a certain amount for their budget, but they can’t do it if traffic slows them down. Some truck drivers may be more likely to speed or drive aggressively once they get back on the open road, trying to make up for lost time.This pressure can lead to serious accidents, and injured parties need to know how they can seek financial compensation.]]>On Behalf of Smith, Meier & Webb, LPAhttps://www.johndsmith.com/?p=500612024-02-16T21:00:44Z2024-02-16T21:00:44ZIf you watch the news, you might believe that we are currently experiencing a huge wave of shoplifting and other retail theft. But is that actually true?
For those who live in large cities on both coasts, there does appear to be an increase in theft from retail stores like Target and some higher-end merchants. But what about Midwestern states like Ohio?
There is no evidence of a major trend upwards
It does not appear that the majority of the United States is experiencing a large increase in the number of retail theft crimes. In fact, incidents of shoplifting in most cities typically declined about 7% percent in the past five years.
Why do retailers blame shoplifting?
For one thing, inflation has reduced some consumer spending, affecting retailers’ bottom lines. That makes them hyper focused on reasons for their declining profits — and blaming shoplifters rather than their own higher prices can be a convenient (if fallacious) narrative.There is also social media to blame. Most people have seen videos of gangs of shoplifters descending on retailers and making off with armloads of clothing and other goods, some of which have four-digit price tags. But again, most of these incidents have occurred in cities like Los Angeles and New York City.
Stores may be hyper vigilant with declining sales
A third factor is that with fewer sales being rung up at the register, store owners and managers are desperate to eliminate any shrinkage that might be occurring. They may hire more loss prevention officers or adopt more aggressive policies to deter shoplifters.
What happens if you face shoplifting charges?
In the current economic climate, you could wind up charged with shoplifting. If arrested by the police, remain compliant but exercise your right to remain silent until you have sought legal guidance.
]]>On Behalf of Smith, Meier & Webb, LPAhttps://www.johndsmith.com/?p=500592024-02-15T14:03:26Z2024-02-15T14:03:26ZDivorcing a narcissist is an emotionally charged and complex process. As such, employing thoughtful preparation and a strategic approach can make all the difference as the divorce process unfolds.
If you have decided to divorce your narcissist spouse, you’re almost certainly aware that narcissistic personality disorder is characterized by specific traits, including an inflated sense of self-importance, a lack of empathy and a consistent need for attention and admiration. As a result, when you’re facing a divorce with a spouse who exhibits these traits, you’ll need to navigate the process in specific ways to better ensure the protection of your interests and well-being.
The challenges ahead
Narcissists often react to divorce with intense anger, denial or even aggression, viewing the process as a direct threat to their self-esteem and control. They may use manipulation, gaslighting and/or financial leverage to maintain dominance or “win” the divorce at all costs. Anticipating these challenges is important when developing an effective strategy for your divorce proceedings.
Being proactive
Documentation may become your best defense when divorcing your narcissistic spouse. Keep a detailed record of all interactions, including emails, texts, voicemails and notes of in-person conversations. This evidence can be invaluable, especially if your spouse attempts to manipulate facts or make unfounded accusations. Financial documentation is equally important, as narcissists may hide assets or manipulate finances to gain an upper hand.Additionally, establishing and maintaining strict boundaries is essential. This might involve limiting communication to written forms, such as emails or texts, to create a record and reduce the opportunity for manipulation. In some cases, using a third-party communication service designed for divorced or separated couples can be beneficial. These platforms can minimize direct conflict and help to ensure that communication remains focused on necessary topics, such as childcare arrangements.Ultimately, divorcing a narcissist requires a well-thought-out approach that anticipates the complexities of dealing with a partner who may be unwilling to engage in fair and reasonable negotiations. By being proactive and seeking support whenever necessary, you can set yourself up to navigate the divorce process as effectively as possible. ]]>On Behalf of Smith, Meier & Webb, LPAhttps://www.johndsmith.com/?p=500552024-02-01T21:55:42Z2024-02-01T21:55:42ZIf you get involved in a car accident, you may wonder if it’s wise to go see the doctor. Perhaps you don’t feel like you’ve been seriously injured. Maybe you’re worried about the costs. Maybe you just think it isn’t necessary and you don’t want to spend your time visiting the hospital.
But the reality is that it’s often best to go to the hospital after a car accident. Here are three reasons why.
Getting medical care
Of course, the first reason is just that you may need medical care. Some injuries have hidden symptoms, such as traumatic brain injuries or internal bleeding. It is best to talk with medical professionals who can make an accurate assessment, rather than assuming you weren’t seriously injured.
Obtaining records of your injuries
Next, it can help to have medical records showing that you were injured and how those injuries occurred. After all, if you start a lawsuit seeking compensation from the other driver, you may need to prove that the injuries actually occurred in the car crash. Your medical history can help you show this.
Getting documentation of your direct costs
Finally, the medical care that you receive could be very expensive, which is why you’re seeking compensation. By talking to official medical professionals, you can get records of all of the treatments and medication you had to pay for. This provides a comprehensive list of your direct costs stemming from the accident.If you have been injured in an accident, the other driver may be responsible for your costs. Take the time to look into your legal options to seek the compensation that you deserve.]]>On Behalf of Smith, Meier & Webb, LPAhttps://www.johndsmith.com/?p=500452024-01-18T10:43:12Z2024-01-18T10:43:12ZGetting pulled over by the police can be nerve-racking and confusing. You may not know what you did wrong. You may be worried about getting arrested or getting a ticket. Often, it feels like you just have to do whatever the police tell you and hope that things work out.
But what if the police officer starts to ask you questions? It’s very common for an officer to ask someone if they know how fast they were driving, for example, when pulling them over for a speed infraction. The police officer may also ask questions like if the driver has had a drink that day or where they are going. If the officer begins to question you, do you have to answer?
Your right to remain silent
There are some pieces of information that you have to provide to a police officer during a traffic stop. The officer will likely need to see your registration for the vehicle. They may want to see your proof of insurance. They’re also going to ask you for your driver’s license just so that they can identify you and to prove that you are legally licensed to be behind the wheel in the first place. In the majority of cases, you are obligated to provide this information and documentation.After that, though, you do have a right to remain silent. You don’t have to answer questions and you definitely don’t have to incriminate yourself. The officer may be trying to get you to do so – hoping that you will admit to speeding or drinking and driving, for instance – so you can simply tell them that you don’t want to talk without your lawyer present.You may still get arrested, even if you exercise your right to remain silent. If so, then you’ll need to know about all of the legal defense options at your disposal.
]]>On Behalf of Smith, Meier & Webb, LPAhttps://www.johndsmith.com/?p=500432024-01-07T17:24:12Z2024-01-07T17:24:12ZTo safeguard your financial situation during divorce, you need a clear picture of what is happening with it. This includes knowing all your assets, debts and regular income and expenses.
Make a comprehensive list of your bank accounts, investments, property and other significant assets, along with any outstanding debts such as loans or credit card balances. Understanding your monthly expenses is crucial to anticipate post-divorce financial needs.
Separate and protect your finances
As soon as you anticipate a divorce, it's advisable to start separating your finances from your spouse's. Open individual bank accounts and start directing your personal income there. It’s important to separate your finances to protect your assets and avoid confusion about ownership. However, remember to avoid making significant financial decisions or large purchases during the divorce process without legal advice, as this might affect the divorce proceedings.
Gather and organize financial documents
Ensure all financial documents, like tax returns, bank statements and investment records, are in order and accessible. These documents will be crucial for the fair distribution of assets.
Budget for the future
Post-divorce life will bring new financial realities. Creating a realistic budget that reflects your expected income and expenses after the divorce is essential. This budget should include living expenses, savings goals and any child or spousal support obligations. Adjusting to a single income might require lifestyle changes, so plan and budget accordingly.
Monitor credit and update legal documents
Regularly monitor your credit report to ensure your financial security isn't compromised during the divorce. This will also help spot any unauthorized debts taken out in your name. Additionally, update all legal documents, including your will, power of attorney and beneficiaries on insurance policies and retirement accounts, to reflect your new circumstances post-divorce.Following these steps, you can protect your finances and prepare for a stable future post-divorce.]]>On Behalf of Smith, Meier & Webb, LPAhttps://www.johndsmith.com/?p=500392023-12-20T14:23:49Z2023-12-20T14:23:49ZIt’s not unusual for someone to want to relocate after a divorce – but divorced parents can seldom make that decision without considering custody issues.
In Ohio, the law says that any parent who wants to relocate with their child must file a notice of intent to relocate with the court. The court will then notify the non-residential parent about the intended move – and either the court or the non-residential parent may request a hearing on the issue.
You always have to prioritize the best interests of the child
The court is obligated to make all custody decisions with the best interests of the children in mind. That means that you have to present your relocation request to the court in terms of how the move will benefit your children – not you.What sort of reasons might influence the court to see things your way? Consider these examples:
You want to move to an area where there are better educational opportunities for your child who either has special needs or is exceptionally gifted.
You’re hoping to relocate to an area where you have extended family so that you can take advantage of childcare and the other support that they offer.
You’re trying to give your child a fresh start because they’ve experienced bullying or other negative social issues where you are now.
You’re moving for an employment opportunity that will allow you to provide your child with a better standard of living.
Child custody disputes can be among the challenging and emotionally tangled issues that divorced parents have to face. Before you take any action, it can help to get an unbiased take on your situation and experienced legal guidance as you plan your approach.]]>On Behalf of Smith, Meier & Webb, LPAhttps://www.johndsmith.com/?p=500362023-12-16T17:58:54Z2023-12-16T17:58:54Zeffects on the credit score of each spouse independently.
Marital debts are divided along with assets
When dividing property during a divorce, it's not just the physical and monetary assets that are split. Marital debts are also divided based on various factors, including a couple’s financial situation, earning capacities and the specifics of the marital debts at issue. In many cases, the debts are used to balance out the assets granted to each spouse so that the overall property division order is equitable.
Both parties remain responsible for joint debts
One of the most important aspects of divorce and debt is that both parties remain responsible for joint debts. Creditors don’t have to abide by the terms of the divorce decree because they’re not part of the divorce. As a result, transferring distributed debt to one former spouse’s name or the other is important.
Credit scores can be negatively impacted
Unresolved joint responsibility can significantly affect your credit score. If your ex-partner fails to pay a joint debt, it can negatively impact your credit score. It's critical to closely monitor all joint accounts and ensure that all payments are made on time, even post- divorce.
Assets can be liquidated to pay off marital debts
Sometimes, liquidating assets is the most viable option for paying off marital debts. This could involve selling shared property, such as a house or car, and using the proceeds to pay off joint debts. This strategy can help prevent future financial complications and protect both parties' credit scores.
Understanding exactly how the debt division process can impact your financial future is important. Seeking legal guidance proactively can help you to make decisions about these concerns that you feel are in your best interest.]]>On Behalf of Smith, Meier & Webb, LPAhttps://www.johndsmith.com/?p=500342023-12-05T18:37:10Z2023-12-05T18:37:10ZThere are many different child custody solutions that you may want to use after you get divorced. For instance, many couples will trade the children every two or three days, or they might use alternating weeks. Parents live in their own homes and the children move back and forth.
But have you heard of birdnesting? With this solution, a central home is chosen where the children can live all the time – perhaps the family home from when the couple was married. Then the custody schedule just tells the parents when they need to move in and out. When they have custody, they live in the home with the children. When they don’t, they live in another location and their ex moves in with the kids.
What are the benefits and challenges?
There are some major benefits for children when using birdnesting. It’s a more stable situation, the children don’t have to move, they have all of their possessions at their home all of the time, and they’re always in a familiar place. Children may also be happy that they get to stay near their neighbors and friends or in the same school system. Overall, birdnesting makes it feel like the divorce hasn’t changed their life so much.But there are challenges for parents, who have to work closely together, even after the divorce. They have to share responsibilities in the home. They have to be open to communication. They also have to find a way to make it financially feasible, since they will still need another place to live when they don’t have custody.Birdnesting is certainly a potential solution to consider, although it is not right for all couples. It helps to demonstrate why it’s so important to look into potential options during a divorce.]]>