Columbus Family, Employment, and Business Law AttorneysFor more information about a practice area, click on the heading. Divorce & Marriage Dissolution Marriage is about relationships. A divorce or marriage dissolution severs one relationship and restructures others. It's painful and difficult, and there are always financial consequences. As your lawyers, we do as much as we can to ease you through the transition with compassion and put you in the best possible position afterwards. The Divorce and Marriage Dissolution Process Dissolution is a non-adversarial proceeding where the parties voluntarily enter into an agreement resolving property division, custody, child support, and spousal support issues. The following procedures are generally followed when filing for a dissolution of marriage. By contrast, a divorce action is an adversary proceeding initiated when the parties cannot agree upon the issues regarding the termination of their marriage. All parents going through a divorce are concerned about losing custody of their children. Many are also worried about the safety of their children at times when they are not with them. Our goal as lawyers is to try and help you obtain a child custody agreement that meets your needs and the best interests of your children. The basic rule applied by the court in the disposition of marital property is that one-half of the property or its value is awarded to the husband and one-half to the wife. The court may award to one party the entire interest in a marital asset, while awarding the other party a greater portion of pension or retirement benefits. In general, the court's goal will be to equalize the value of the assets and liabilities awarded to each party. Business Valuations and the Division of Marital Property When marital property is divided and spousal support determined, the court may count the income or assets from a closely held business twice. Our attorneys have pioneered case law to stop this practice. We can evaluate your situation and your business in order to protect both your legal and financial interests. Formerly known as alimony, spousal support is payment to an ex-spouse. A husband or a wife can be ordered to pay spousal support to the other. There are no fixed calculations or specific guidelines to determine the amount and duration of the spousal support that may be awarded. Often, spousal support is based on a demonstration of need by the recipient spouse. Temporary Support Pending Divorce In some divorce cases, a spouse may not be able to support him or herself while a divorce is pending without the assistance of the other spouse. In these situations, the court may order one spouse to pay temporary support until the divorce is finalized. If illness, job loss, or a need to relocate interferes with your ability to adhere to the terms of your divorce contract, you must petition the court to modify the terms of your divorce. Our attorneys prepare and present post-divorce modifications for child support, spousal support, and child custody and visitation arrangements. Financial Implications of Divorce Payment of spousal support may result in a tax deduction to the payor and income to the recipient; or the spousal support may be structured so as to avoid a taxable event. At Mowery Youell & Galeano, Ltd. in Dublin, Ohio, our lawyers have extensive experience in drafting, reviewing, and negotiating severance agreements. If you have been offered a severance agreement, you have 21 days to decide whether or not you want to sign it. If you have already signed an agreement, you have seven days to revoke it. People over 40 are protected from adverse job actions based on their age by laws that prohibit discrimination. An employer cannot terminate an employee, refuse to hire a potential employee, or change the terms and conditions of a person's employment simply because that person is over 40. If you think you are a victim of age discrimination, the lawyers at Mowery Youell & Galeano, Ltd., have the experience to evaluate your case and advise you whether we think you can make a financial recovery. Sexual harassment can be defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature related to employment. When it occurs in the workplace, Ohio and federal laws provide specific remedies. Although the employee at will doctrine is still active in Ohio, the harshness of this doctrine has led to legislative and common law exceptions over the past 30 years. Generally, these exceptions to the "employee at will" doctrine fall into three basic categories: exceptions based on the laws prohibiting discrimination, exceptions based on the law of contracts, and exceptions based on wrongful termination in violation of Ohio's public policy. In the United States, most employees are protected in some manner from employment discrimination. Protections exist under both federal and Ohio law. American with Disabilities Act (ADA) Congress enacted the Americans with Disabilities Act of 1990 (ADA) in an attempt to ensure that disabled individuals are not discriminated against due to their disability. While the ADA is a large and complex statute, numerous basic definitions simplify the requirements for securing coverage under the Act. Family Medical And Leave Act (FMLA) The FMLA requires employers with 50 or more workers to provide eligible employees up to 12 weeks of unpaid, job-protected leave in a 12-month period to care for a newborn; newly placed adopted or foster child; a seriously ill child, spouse, or parent; or for the employee's own illness. Unlike employees in the private sector, Ohio's Civil Service employees have extensive and specific rights. These rights are listed in the Ohio Revised Code and the Ohio Administrative Code. Employer-Labor Contract Negotiations Our lawyers understand the impact that labor and employment laws can have on your business or on pubic services. Our goal in representing employers is to help you negotiate with your union successfully through sound and practical advice. We represent both public- and private-sector employers. Few areas of law affect small- and medium-sized businesses more profoundly than employment law. Because employment law covers the close relationship between employer and employee, disputes can be very emotional. They can also be very costly for the employer, since courts often order the employer to pay for the employee's legal expenses following a verdict in the employee's favor. New Laws Impacting the WorkplaceThe Obama administration has passed a number of new laws that impact the workplace. Our office works closely with clients in order to ensure they understand their rights and obligations under new and proposed laws that concern everything from disability definitions, COBRA, unionizing, OSHA requirements, and I-9 compliance. Small businesses often face the same liability issues as large businesses, without the benefit of an in-house legal department. At Mowery Youell & Galeano, Ltd., in Dublin, Ohio, our experience with employment law, business law, and civil litigation gives us the ability to provide comprehensive legal services to small businesses. For many businesses, we provide the same kinds of services that in-house counsel would provide. Above all else, the attorneys at Mowery Youell & Galeano, Ltd. are trial attorneys. We handle jury trials in state and federal courts, bench trials, arbitrations, summary trials, and administration hearings before organizations such as the Ohio Civil Rights Commission and the Equal Employment Opportunity Commission. For more information, contact an attorney at our firm. From our office in Dublin, we represent clients in employment law, family law, and business law matters throughout the Columbus metro area and central Ohio. |
