North Royalton Legal Blog

We help North Royalton folks with marital dissolution and divorce

On behalf of Kirner & Boldt Co., L.P.A. posted in divorce on Thursday, April 11, 2019.

Some people have more contact with the court system than do others, but divorce is a common way that large numbers of Ohio's people interact with the courts. It's understandable if people have some questions about how the legal process plays out.

Not long ago, we discussed marital dissolution, which many people have found to be a good way to accomplish a divorce in Ohio. A marital dissolution is a form of divorce that works well when the spouses agree on the major issues, and they simply need to get through the legal process to end their marriage and take back control of their lives again. If the spouses agree that incompatibility is the grounds for the divorce, or they have been living apart for at least one year, they are eligible for a marital dissolution.

What can and can't be done with a will in Ohio?

On behalf of Kirner & Boldt Co., L.P.A. posted in estate planning on Thursday, March 28, 2019.

The will is the foundation of a solid estate plan. Anyone in Ohio serious about getting a handle on their own estate plan should probably have a will. Depending on their personal circumstances, a person may want to have other estate planning documents, such as trusts, as well. This blog post will provide a little bit of information on the basic estate planning document, the will.

A person who makes a will is called a testator. Testators often write their wills with the help of an attorney. For a will to be valid, the testator must be able to understand the full meaning of the will. Wills usually must be in writing, and they usually must be typed or pre-printed. A testator must also sign their own will unless they are physically unable to do so, in which case they can authorize another to sign on their behalf. Usually, the signing of the will must happen in the presence of witnesses who attest that they witnessed the signing of the will.

A primer on drunk driving laws and penalties in Ohio

On behalf of Kirner & Boldt Co., L.P.A. posted in drunk driving on Thursday, March 14, 2019.

It is a misdemeanor in Ohio to operate a vehicle while intoxicated. Police in the Buckeye State spend a lot of time and resources seeking intoxicated drivers, so it is not hard to get caught in their dragnet. Even though drunk driving defendants are often demonized in the media, these defendants have the same rights as everyone else to due process. This blog post will discuss the penalties for those convicted of OVI.

When a driver has a blood alcohol content of 0.08 percent or higher, the driver has exceeded the allowable level for driving in Ohio and may be arrested on suspicion of OVI. If convicted of a first-time OVI charge, a driver could face serious penalties. Under the law, they face a minimum of three days in jail or an alternative program. They also face suspension of their license for six months, and they could also have to pay a large fine.

What are the penalties for first-time drug possession in Ohio?

On behalf of Kirner & Boldt Co., L.P.A. posted in drug possession on Thursday, February 28, 2019.

For many years, Ohio and other states have been fighting illicit drug use. They are doing this in part by attacking the demand side, penalizing the people who possess and use drugs. Lately there has been discussion of whether this is a wise approach. Still, these drug possession laws remain on the books, and there is a danger that Buckeye State residents may be prosecuted under them.

Let's say that a person is convicted of first-time drug possession of less than bulk amount in North Royalton mayor's court. What kind of penalties might they be facing? While this crime this is a misdemeanor, the penalties could still be stiff. A person convicted of first-time drug possession could face up to 180 days in jail. They could also face a fine of up to $1,000. Depending on the circumstances, they could also face a driver's license suspension and probation.

Contractor Issues and Civil Lawsuits

By Kirner & Boldt Co., L.P.A. of Kirner & Boldt Co., L.P.A. on Thursday, February 28, 2019.

At least once a week, I will get a call from a potential new client who has an issue with a contractor and the work that was performed on their house and they are unhappy with the work or the contractor has stopped working or other like problems. In theory, this is a breach of contract case. This case could be costly to pursue, and you may "win" but you may not be able to collect.

Here’s what you need to know about your security deposit

On behalf of Kirner & Boldt Co., L.P.A. on Thursday, February 21, 2019.

With skyrocketing housing prices and a stalled market for the construction of starter homes, more people are renting. In Ohio, a landlord can charge a security deposit in addition to monthly rent.

Each landlord must follow specific rules about your security deposit. Knowing them might keep you from losing money when your lease ends and you move out.

Marital dissolution: a form of divorce available in Ohio

On behalf of Kirner & Boldt Co., L.P.A. posted in divorce on Thursday, February 14, 2019.

Divorce is sometimes portrayed as always being a traumatic court proceeding in which two spouses battle it out for child custody, child support, spousal support and property. However, not all divorces look like this. Sometimes two people simply grow apart, and they jointly realize that it isn't working out and it would be better not to be together. Maybe they've even separated, with the two no longer living together. Is there an easier way for them to dissolve the legal bonds of matrimony?

In Ohio, a marital dissolution may be the legal solution to the couple's problem. A marital dissolution is a no-fault form of divorce. It works well if both spouses agree on the terms of the divorce. For example, if a separated couple has already informally divided their property, worked out a child custody and child support arrangement, and agree on the issue of spousal support payments, there are probably no issues to fight over if they choose to divorce.

Those facing OVI charges in Ohio do not have to do so alone

On behalf of Kirner & Boldt Co., L.P.A. posted in drunk driving on Wednesday, January 30, 2019.

Drunk driving cases are common in the North Royalton area municipal and mayor courts. This does not mean, however, that drunk driving is not a big deal. The reality is that there can be very serious consequences to an OVI conviction. Drivers convicted of OVI face higher car insurance premiums, significant fines, potentially lengthy driver's license suspensions, and as we discussed in the past, they also may face serious jail time.

In many kinds of OVI cases, Ohio judges are required to impose a mandatory minimum term in jail upon conviction. Not only is there a mandatory minimum, but the sentence cannot be broken up to accommodate work obligations. It must be served consecutively. If a person loses their job due to having to serve jail time, the entire trajectory of their future could be altered.

What makes a good attorney ?

By Kirner & Boldt Co., L.P.A. of Kirner & Boldt Co., L.P.A. on Wednesday, January 30, 2019.

Before I went to law school and started practicing, I thought the law was black and white, right and wrong. Unfortunately, that could not be further from the truth. The law is mostly just one big shade of gray. Many clients' find the other side's arguments (whatever they may be) to be wholly unreasonable and ridiculous. This means that in most instances they are unwilling to see their own mistakes, or assign some value to the other side's position. This is even more true in the world of domestic relations (divorces/dissolutions - property division and children issues).

Estate planning resolutions for the new year

On behalf of Kirner & Boldt Co., L.P.A. posted in estate planning on Thursday, January 17, 2019.

Ohio residents make many New Year's resolutions, and January is the month when most of them will try to keep them. While some may choose to increase exercise or eat healthier, another important resolution that should be made is to create a comprehensive estate plan.

One of the first steps that one should take that is to write a last will and testament. This is a necessary document for anyone over the age of 18. Without a will, state laws dictate how assets and property will be distributed to one's heirs and who will get custody of one's minor children. Family conflicts can be avoided by taking the time to create a well thought-out will outlining the disposition of one's assets and the guardianship of one's minor children.