Blog | Hoover Kacyon and Associates, LLC

How Courts Decide Child Custody in Ohio

Thu, 30 Apr 2026 22:39:17 GMT

Child custody is often one of the most emotional and complex aspects of a divorce or separation. In Ohio, courts focus on one central principle: the best interest of the child. Understanding how custody decisions are made can help parents approach the process with clarity and confidence.

Types of Custody in Ohio

Ohio recognizes two main components of custody : legal custody and physical custody. Legal custody refers to the authority to make major decisions about a child’s life, including education, healthcare, and religious upbringing. Physical custody determines where the child primarily lives. In many cases, one parent is designated the “residential parent,” while both parents may still share decision-making responsibilities.

Best Interest of the Child Standard

Ohio courts evaluate several factors when determining what arrangement serves the child’s best interests. These include each parent’s ability to provide a stable and supportive environment, the child’s relationship with each parent, and the child’s adjustment to home, school, and community. Courts may also consider the child’s wishes, depending on their age and maturity.

Additionally, the court examines each parent’s willingness to support the child’s relationship with the other parent. Cooperation and effective communication between parents are key considerations. Any history of domestic violence, substance abuse, or neglect will also weigh heavily in custody decisions.

Shared Parenting and Parenting Plans

Ohio courts often encourage shared parenting arrangements when appropriate. In these situations, both parents remain actively involved in raising the child. A shared parenting plan outlines important details such as parenting time schedules, decision-making responsibilities, and communication expectations. If parents cannot agree on a plan, the court will establish one based on the child’s best interests.

Modifications and Mediation

Custody arrangements are not necessarily permanent. If there is a significant change in circumstances—such as relocation, changes in a parent’s situation, or evolving needs of the child—either parent may request a modification. Ohio courts may also recommend mediation to help parents resolve disputes outside of the courtroom, often leading to more cooperative and lasting solutions.

Why Legal Guidance Matters

Navigating custody decisions can be overwhelming, especially when emotions run high. An experienced family law attorney can help you understand your rights, advocate for your interests, and work toward a custody arrangement that supports your child’s well-being.

At Hoover Kacyon, LLC, we deliver the highest-quality legal representation from a team of professionals while providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.

Can a Traffic Violation Affect Your Record?

Wed, 22 Apr 2026 22:23:36 GMT

Many drivers assume traffic tickets are minor inconveniences—but in Ohio, some traffic offenses are actually criminal charges with serious consequences. These violations go beyond simple infractions and can result in jail time, a permanent record, and long-term impacts on your license, employment, and finances.

What Makes a Traffic Offense Criminal?

Criminal traffic violations typically involve unsafe or reckless behavior, repeat offenses, or situations that result in harm to others or property. Common examples in Ohio include driving under suspension, reckless operation, leaving the scene of an accident, operating a vehicle under the influence (OVI), and vehicular assault. Depending on the circumstances, these charges may be classified as either misdemeanors or felonies.

Misdemeanor vs. Felony Charges

Most criminal traffic offenses are misdemeanors, but that does not mean they are minor. Penalties can include fines, jail time, probation, license suspension, and points on your driving record. Even a first-time offense can carry consequences that affect your daily life.

More serious cases—such as those involving serious injury, repeat OVI offenses, or fatalities—may be charged as felonies. Felony traffic convictions can lead to lengthy prison sentences, significant fines, and the possibility of long-term or permanent loss of driving privileges.

The Lasting Impact of a Conviction

A criminal traffic conviction can affect more than just your driving record. Many individuals experience increased insurance rates, difficulty maintaining employment (especially in jobs that require driving), and challenges securing housing or loans. These consequences can follow you long after the case is resolved.

Why Legal Representation Is Critical

Because the stakes are high, it’s important to take any criminal traffic charge seriously. An experienced Ohio attorney can evaluate the details of your case, challenge the legality of the stop or arrest, and work to reduce or dismiss the charges where possible. Early legal intervention can make a significant difference in protecting your rights and minimizing long-term consequences.

If you are facing a serious traffic offense in Ohio, having the right legal guidance can help you move forward with confidence.

What Happens If You Die Without a Will?

Thu, 16 Apr 2026 15:51:29 GMT

Creating a last will and testament is one of the most important steps you can take to protect your family and your assets. In Ohio, a will allows you to decide how to distribute your property, who will manage your estate, and how your loved ones will be cared for after your passing. Without one, these critical decisions are left up to state law, and the results may not reflect your wishes.

Understanding Intestacy in Ohio

If you pass away without a valid will, you are considered to have died “intestate.” This means Ohio’s intestacy laws determine how to handle your estate. The state follows a strict formula for distributing assets, prioritizing spouses, children, and other close relatives. While this may sound straightforward, it can quickly become complicated depending on your family structure.

For example, if you are married with children, your spouse may not inherit everything, and your children may also receive a portion of your estate. If minor children are involved, their inheritance is typically managed through a court-supervised guardianship until they turn 18. At that point, they receive full control of the assets, regardless of their financial maturity.

Loss of Control Over Your Estate

One of the biggest drawbacks of dying without a will is the loss of control. You cannot choose who will administer your estate, as the probate court will appoint someone based on legal priority and not personal preference. This person may not be who you would have selected to handle your financial affairs.

Additionally, without a will, you cannot name a guardian for your minor children. The court will make that decision, which can lead to uncertainty and potential family disputes during an already emotional time.

Your Assets May Not Go Where You Intended

Intestacy laws only recognize legal heirs. Close friends, unmarried partners, and charitable organizations will not receive anything from your estate unless they are specifically named in a will. In rare cases where no heirs can be identified, your assets may even pass to the state of Ohio.

Plan to Protect Your Family

Estate plannning is about more than distributing assets; it’s about providing clarity, security, and peace of mind for your loved ones. Taking the time to create a will now can prevent unnecessary stress, legal complications, and unintended outcomes later.

First-Time OVI Offenses in Ohio: Penalties, Defenses, and Long-Term Impact

Thu, 12 Mar 2026 14:29:03 GMT

Seeing flashing lights in your rearview mirror can be stressful for any driver. When a traffic stop leads to an arrest for Operating a Vehicle Under the Influence (OVI) , that stress can quickly turn into uncertainty about your license, your job, and your future. For many people, a first-time OVI charge is their first interaction with the criminal justice system. Understanding what to expect can help you make informed decisions moving forward.

Understanding OVI Charges in Ohio

In Ohio, a first-time OVI offense is generally charged as a first-degree misdemeanor. The legal blood alcohol concentration (BAC) limit for most drivers is 0.08%, and exceeding that limit—or driving while impaired by alcohol or drugs—can result in serious consequences. Even for a first offense, Ohio law imposes mandatory penalties that may include fines, jail time, probation, and a driver’s license suspension.

Administrative License Suspension

One of the most immediate consequences of an OVI arrest is an Administrative License Suspension (ALS). The Ohio Bureau of Motor Vehicles imposes this suspension and begins immediately after the arrest if you either fail or refuse a chemical test. A failed test may result in a suspension of at least 90 days, while refusing a test can lead to a longer suspension. However, drivers may be eligible for limited driving privileges in certain circumstances.

The Legal Process After an Arrest

After an OVI arrest, the case moves through several stages in the Ohio court system. The first step is typically the arraignment, where the charges are formally presented, and a plea is entered. Many individuals plead not guilty at this stage so their attorney can review the evidence and explore possible defenses.

During the pretrial phase, your attorney may examine police reports, body camera footage, breathalyzer records, and field sobriety test procedures. In some cases, legal issues—such as an improper traffic stop or inaccurate testing—may provide grounds to challenge the charges.

Why Legal Guidance Matters

An OVI charge can affect many areas of your life, including employment opportunities, insurance costs, and your driving privileges. Having an experienced attorney review the circumstances of your arrest and advocate on your behalf can make a meaningful difference in how your case is resolved.

If you are facing an OVI charge in Ohio, understanding your rights and legal options is an important first step.

Avoiding Custody Conflicts During School Breaks

Fri, 13 Feb 2026 21:47:54 GMT

School breaks are often exciting for children, but for divorced parents, they can introduce unexpected stress and scheduling challenges. Days off from school don’t always align with work schedules, and without clear planning, these breaks can quickly become a source of conflict between co-parents. In Ohio, thoughtful preparation and clear communication are key to keeping school holidays manageable and child-focused.

Plan Ahead to Avoid Conflict

One of the most common issues during school breaks is simply not knowing when they’re coming. A surprise day off can leave a parent scrambling for childcare or time off work. To avoid this, both parents should stay informed by reviewing the school calendar at the beginning of the year. Ohio parenting plans often address holidays and extended breaks, but they don’t always cover every teacher's in-service day or unexpected closure.

Including school breaks, holidays, and non-school days in your parenting plan can help eliminate confusion and reduce last-minute disputes. When you clearly define expectations in advance, both parents are better equipped to plan responsibly.

Be Mindful of Work Schedules—Yours and Your Co-Parent’s

When children are home during school breaks, someone must be available to care for them. If one parent has a more flexible schedule or can work remotely, it may make sense for that parent to assume more parenting time during certain breaks. However, neither parent should feel pressure to miss work or jeopardize employment to accommodate the other.

Ohio courts encourage cooperation and flexibility regarding parenting time, especially when it serves the child’s best interests. Honest discussions about work obligations, childcare options, and availability can help parents reach practical solutions without escalating tensions.

Create a Backup Plan

Even with the best intentions, schedules don’t always align. Having a contingency plan—such as agreed-upon childcare providers, family assistance, or temporary schedule adjustments— can make school breaks far less stressful. Planning ahead helps ensure your child is cared for consistently and minimizes unnecessary conflict.

If disputes over parenting time or school breaks persist, it may be time to revisit or modify your parenting agreement .

Understanding Asset Division: What’s Marital vs. Separate Property

Thu, 12 Feb 2026 21:48:26 GMT

One of the most critical financial questions in an Ohio divorce is how to divide property and debt. Ohio courts apply the equitable distribution principle, meaning you divide marital property—but not necessarily equally—based on the circumstances of the marriage. To understand what may be divided, it’s essential to know the difference between marital property and separate property .

Understanding Marital Property in Ohio

Marital property includes most assets and debts acquired by either spouse during the marriage, regardless of whose name appears on the title or account. This category is the only one about property subject to division in an Ohio divorce.

Marital property may include:

Real estate and personal property acquired during the marriage
Retirement benefits earned during the marriage, such as pensions, 401(k)s, and deferred compensation plans
Income earned by either spouse while married
Appreciation or increased value of separate property when marital effort or funds contributed to that growth

Even assets that began as separate property may be partially classified as marital if both spouses contributed to their value during the marriage.

What Qualifies as Separate Property?

Separate property generally belongs to one spouse alone and is not divided in a divorce, provided it can be clearly identified and traced.

Separate property may include:

Assets owned before the marriage
Inheritances received by one spouse
Gifts explicitly given to one spouse
Passive income or appreciation on separate assets
Property designated as separate in a valid prenuptial agreement
Compensation for personal injury (with limited exceptions)
Property acquired after a legal separation

However, separate property can lose its protected status if it becomes commingled with marital property in a way that makes tracing impossible. For example, depositing inherited funds into a joint account may turn them into marital property.

Why Proper Classification Matters

Misclassifying assets can have lasting financial consequences. Accurately identifying marital versus separate property helps ensure a fair outcome and protects what you are legally entitled to keep. Divorce involving real estate, retirement accounts, or business interests often requires detailed financial analysis and legal guidance

At Hoover Kacyon, LLC, we deliver the highest-quality legal representation from a team of professionals, while also providing excellent client service. Call us at 330-922-4491 or contact us online to make an appointment.

Understanding What a Prenup Can (and Cannot) Legally Include

Tue, 27 Jan 2026 21:26:59 GMT

Preparing for marriage is about more than planning a wedding, it’s also about building a secure financial foundation. A prenuptial agreement can be a valuable tool for couples in Ohio who want clarity, transparency, and protection before entering marriage. However, Ohio law places important limits on what a prenup can include. Understanding these boundaries helps ensure your agreement is enforceable and aligned with your goals.

What Is a Prenuptial Agreement Under Ohio Law?

An Ohio prenuptial agreement is a written contract entered into before marriage that outlines how to handle financial matters if the marriage ends due to divorce or death. To be valid, the agreement must be signed voluntarily, include full financial disclosure by both parties, and be fair at the time it is executed and enforced. When properly drafted, a prenup can reduce uncertainty and prevent costly disputes in the future.

What You Can Include

Ohio prenuptial agreements may address:

Division of property and debts , including what remains separate versus marital
Business ownership and investments , protecting control and valuation methods
Spousal support terms , although courts retain discretion to review the fairness
Inheritance and estate planning considerations , such as preserving inheritances as separate property
Financial management expectations , including bank accounts and expense sharing

These provisions allow couples to set clear expectations and protect assets acquired before or during marriage.

What You Cannot Include

Certain provisions are not enforceable under Ohio law. Prenups cannot determine child custody or child support, as courts always prioritize the best interests of the child. Agreements that promote or incentivize divorce, contain deceptive or grossly unfair terms, or are signed under pressure or without proper disclosure may also be invalidated. Ohio courts closely examine fairness, voluntariness, and transparency.

How Courts Evaluate Prenups

Ohio courts look at full financial disclosure, voluntary execution, fairness, and proper legal drafting. Agreements are far more likely to hold up when both parties have independent legal counsel and sufficient time to review terms before signing.

A thoughtfully prepared prenuptial agreement can strengthen trust and provide peace of mind as you begin your marriage.

At Hoover Kacyon, LLC, we deliver the highest quality legal representation from a team of professionals, while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.

Protecting Your Family Through Estate Planning: Wills, Trusts & Power of Attorney in Ohio

Tue, 16 Dec 2025 15:29:21 GMT

Estate planning isn’t just for the wealthy—it’s for anyone who wants to protect their assets, ensure their wishes are honored, and prevent unnecessary legal complications. In Ohio, taking the time to plan now can safeguard your family, minimize taxes, and provide peace of mind for years to come.

Key Ohio Estate Planning Tools

Wills: A will is the foundation of your estate plan , outlining how to distribute your property after your death. Without a will, Ohio law determines the distribution of assets, which may not align with your wishes.

Trusts: Trusts are versatile tools for managing and protecting your assets.

Revocable trusts allow flexibility and help your heirs avoid probate.
Irrevocable trusts provide strong protection from creditors, lawsuits, and potential long-term care costs, ensuring your assets remain with your loved ones.

Durable Powers of Attorney (POA): A durable POA lets you designate someone to manage your financial and healthcare decisions if you become incapacitated. This designation prevents court intervention and keeps your affairs in trusted hands.

Protecting Assets from Long-Term Care Costs

Rising healthcare expenses, especially for nursing home care, can threaten your savings. While Medicare only covers a limited period and Medicaid has strict eligibility rules, strategic planning with an Ohio asset protection attorney can preserve your assets. Tools like Medicaid trusts allow you to qualify for assistance while safeguarding your family home and savings.

Avoiding Probate and Minimizing Taxes

Probate in Ohio can be costly and time-consuming, putting stress on your family. Using trusts and well-crafted estate plans can help your beneficiaries inherit efficiently without court delays. Additionally, estate planning can reduce taxes through strategic gifting, trust structures, and other measures, protecting your legacy for future generations.

Work with a Skilled Ohio Estate Planning Attorney

Planning for the future may feel overwhelming, but with the proper guidance, it can be straightforward and empowering. An experienced attorney will tailor a plan to your unique needs, ensuring your assets are protected, your wishes are honored, and your family’s financial security is preserved.

At Hoover Kacyon, LLC, we deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.

Navigating High-Net-Worth Divorce in Ohio

Tue, 09 Dec 2025 20:16:42 GMT

Divorce is always emotionally taxing — but when significant income, assets, and property are involved, the process becomes even more complex. High-net-worth divorces require a deeper level of financial analysis, strategy, and legal expertise. If you or your spouse holds substantial wealth, it’s important to understand that your case will involve issues beyond the scope of a typical divorce, and having the right legal team is essential.

What Qualifies as a High Net Worth Divorce in Ohio?

In Ohio, a divorce is generally considered high net worth when one or both spouses have more than $1 million in liquid net assets. These cases often involve:

Multiple real estate holdings
Business ownership or partnerships
Executive compensation packages
Investments, retirement accounts, and stock portfolios
Complex tax considerations

Because income levels significantly influence child support, spousal support, and property division, high-net-worth cases benefit greatly from the guidance of an attorney with extensive experience in complex financial matters.

Three Key Dos and Don’ts in High Net Worth Divorce

1. DO Be Proactive — Not Reactionary

If you suspect divorce may be approaching, or your marriage is experiencing serious challenges, it’s wise to consult an experienced Ohio family law attorney early. High asset cases move quickly, and emotions can cloud judgment. Having representation in place ensures you’re prepared before critical decisions arise.

2. DON’T Move or Hide Money Without Legal Guidance

Attempting to shift funds, make large purchases, or hide assets can severely damage your credibility and harm your case. Always speak with your attorney before making any financial changes. Proper planning protects you far more effectively than reactive or risky financial moves.

3. DON’T Let Emotions Drive Your Decisions

High-net-worth divorces often carry intense emotional weight. However, choices made out of anger, fear, or frustration can lead to long-term financial consequences. Work closely with your attorney to ensure every decision is strategic, informed, and aligned with your future goals.

Protecting Your Future Starts With the Right Legal Team

High-net-worth divorces require careful preparation, thorough financial analysis, and strong legal advocacy. Choosing an attorney you trust -one who understands the complexities of Ohio law — is the most important step you can take toward securing your financial future.

At Hoover Kacyon, LLC, we deliver the highest-quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.

What Legal Steps to Take Once Your Divorce Is Final

Mon, 08 Dec 2025 20:16:38 GMT

Once you enter your divorce decree, you are legally single — but that doesn’t mean the process is completely over. There are several necessary emotional, financial, and practical steps you should take to ensure a smooth transition into post-divorce life.

1. Allow Yourself to Process the Change

A final divorce decree marks the end of a significant chapter. It’s normal to experience a mix of emotions — relief, sadness, or even uncertainty about what comes next. Give yourself permission to grieve, reflect, and lean on supportive friends or family as you adjust to your new normal.

2. Talk to Your Children About What Comes Next

If you have children, it’s essential to help them understand what the finalized divorce means for their daily lives. Reassure them that both parents love them and that their routines will remain consistent. Encourage open communication so your children feel supported and secure.

3. Finalize Property Transfers and Accounts

After the divorce, make sure you properly divide property and financial accounts according to your decree. This division includes transferring titles to vehicles or homes, closing joint bank accounts, and updating passwords. If your decree divides retirement assets, ensure your attorney prepares and files any necessary Qualified Domestic Relations Orders (QDROs) to complete that process.

4. Protect Your Financial Future

Refinance any jointly held property in your name alone, update beneficiaries on insurance policies and retirement accounts, and monitor your credit report to confirm that you settle all joint accounts. Taking these proactive steps can help safeguard your financial independence.

5. Update Key Records and Legal Documents

Notify schools, banks, insurance providers, and your financial advisor of your divorce. It’s also wise to meet with an estate planning attorney to update your will, power of attorney, and other important documents.

6. Maintain Healthy Boundaries

If you share custody or parenting time, establish respectful communication with your co-parent. Focusing on your children’s best interests — rather than revisiting past conflicts — sets a positive tone for future interactions.

Managing Co-Parenting Conflicts Peacefully

Tue, 18 Nov 2025 20:21:21 GMT

Divorce may end a marriage, but for parents, it marks the beginning of a new chapter co-parenting. Working together after separation can be challenging, especially when emotions and differing parenting styles come into play. With patience, clear communication, and sound legal guidance, it’s possible to build a cooperative foundation that keeps your child’s well-being at the center.

Why Co-Parenting Conflicts Happen

Disagreements about routines, parenting styles, new relationships, or even school and medical decisions can create tension. Old emotional wounds from the marriage may also resurface. Recognizing these challenges early and setting up proactive systems can help reduce conflict before it escalates.

Strategies for Healthier Co-Parenting

Put Your Child First:

Keep the focus on stability and consistency for your child. Presenting a united front helps them feel safe and supported, even in two households.

Set Clear Boundaries:

Define communication expectations and responsibilities early. Boundaries protect everyone’s emotional well-being.

Create a Detailed Parenting Plan:

In Ohio, parenting plans outline custody schedules, decision-making responsibilities, and dispute-resolution procedures. A well-crafted plan helps prevent future misunderstandings.

Use a Business-Like Approach:

Treat co-parenting interactions with professionalism. Keep communication respectful, brief, and centered on your child’s needs.

Leverage Technology:

Apps such as Our Family Wizard or Talking Parents help track messages and schedules while reducing confusion and emotional misunderstandings.

When Conflict Persists

Even with the best intentions, some co-parenting relationships require outside help. Mediation or legal guidance can be valuable if communication breaks down or one parent repeatedly violates agreements.

At Hoover Kacyon, LLC, our experienced family law attorneys help parents in Ohio develop and modify parenting plans, mediate disputes, and protect their rights while prioritizing their children’s best interests.

Whether you’re establishing boundaries or enforcing an agreement, we’ll guide you toward solutions that promote peace and cooperation. Call 330-922-4491 or contact us online to schedule a consultation.

At Hoover Kacyon, LLC, we deliver the highest quality legal representation from a team of professionals while providing excellent customer service because your family’s future deserves both.

How to Cope with the Emotional Rollercoaster of Divorce

Mon, 17 Nov 2025 19:51:09 GMT

As you can imagine, divorce is 95% emotional and only 5% legal. While our team handles the legal side with skill and care, we also understand that the emotional side can begin long before you file and last long after your case is closed.

Below are some of the most common emotions people experience during divorce and ways to begin moving through them.

Shock

For many, divorce begins with shock whether it’s the realization that you need to leave, or the unexpected news that your spouse wants out. This stage can also bring surprising reactions from friends, family, or even children.

What you can do: Take things one moment at a time. Prioritize rest, nutrition, and support from trusted friends or professionals before making major decisions.

Guilt

Guilt is one of the most common and heaviest emotions. You may feel like you’ve failed, missed warning signs, or hurt your family.

What you can do: Remember that marriage involves two people. Take accountability where it’s appropriate, but avoid letting guilt drive your legal decisions. Agreeing to unfair terms out of guilt can lead to regret later

Grief

Divorce is not just the end of a relationship it’s the loss of dreams, routines, and a sense of family.

What you can do: Grief naturally eases over time. If sadness becomes overwhelming, consider a counselor or divorce support group to help process the loss.

Anger

Anger often protects us from deeper pain. It can be directed at your spouse, yourself, or even others involved.

What you can do: Practice calming techniques such as deep breathing, meditation, or counseling. Releasing anger allows you to think clearly and move forward with strength.

Fear and Anxiety

Divorce brings uncertainty about finances, parenting, and the future.

What you can do: Focus on what you can control. Remind yourself that anxiety doesn’t equal truth. With guidance and planning, you will be okay.

Why Comparing Your Divorce to Others Hurts More Than It Helps

Tue, 11 Nov 2025 22:13:03 GMT

Divorce is one of life’s most challenging experiences. It brings a mix of emotional, financial, and parental decisions that can feel overwhelming. During this time, many people look to others who have gone through divorce for advice or reassurance. While it’s natural to seek understanding through shared experiences, constantly comparing your divorce to someone else’s can cause unnecessary stress and hinder your healing process.

Every Divorce Is Different

No two divorces are the same. Factors like financial circumstances, co-parenting dynamics, emotional readiness, and even your children’s ages all make your situation unique. Comparing your journey to someone else’s may create unrealistic expectations or add pressure to “move on” at a pace that doesn’t fit your needs.

Focusing on your individual path allows you to make decisions that truly reflect your family’s circumstances and goals. An experienced Ohio divorce attorney can help you understand your rights and options, giving you tailored advice rather than generalized comparisons.

The Emotional Toll of Comparison

Measuring your progress against others can lead to feelings of inadequacy or frustration - especially if you feel like someone else is coping “better” or rebuilding faster. These emotions can increase anxiety and make it harder to communicate or co-parent effectively. Focusing instead on your own well-being and personal growth can reduce tension and create healthier patterns for yourself and your family.

Building Confidence and Clarity

When you stop comparing, you can make thoughtful choices about your future based on what works best for you. This mindset encourages self-discovery and resilience. With professional legal guidance, you can move through the divorce process more confidently - understanding the implications of your decisions and preparing for a stable future.

Parenting Without Comparison

It’s also important not to model your parenting plan on what worked for another family. Your children’s needs and routines are unique to them. Working with your attorney to develop a parenting agreement that fits your family ensures stability and helps everyone adjust more smoothly.

Can a custodial parent move a child out of state in Ohio?

Wed, 29 Oct 2025 15:48:39 GMT

Relocating to another state with your child can be an emotional and legally complex decision even when you have sole custody. In Ohio, sole custody gives one parent the right to make major decisions for the child, but it does not automatically allow relocation without following specific legal procedures.

Legal Steps for Relocation

Before moving, the custodial parent must file a Notice of Intent to Relocate with the court that issued the original custody order. This notice should include the new address, reasons for moving, and other relevant details. The court then sends a copy to the non- elocating parent, who has 14 days to object.

Even if the custody order doesn’t specifically restrict relocation, you must continue following the current parenting schedule until the court grants approval. Failing to do so can lead to penalties, including possible restrictions on custody or visitation .

What the Court Considers

When reviewing relocation requests, Ohio courts focus on the best interests of the child. Judges consider factors such as:

The child’s relationship with both parents
The impact on the child’s education, social life, and emotional well-being
The reason for the proposed move (such as employment or family support)
Any objections raised by the non-relocating parent

The court may also modify the parenting plan to create a new visitation schedule that maintains meaningful contact between the child and both parents.

The Role of a Guardian ad Litem

In some cases, the court appoints a Guardian ad Litem (GAL) to represent the child’s best interests. The GAL investigates by reviewing records, visiting homes, and interviewing the child and both parents before submitting recommendations to the court. These insights often carry significant weight in the judge’s decision.

Protecting Your Rights During Relocation

If you are considering relocating out of state with your child, consulting an experienced family law attorney is essential. The team at Hoover Kacyon, LLC provides knowledgeable and compassionate guidance to help ensure your move complies with Ohio law and serves your child’s best interests.

How Debt Is Split in Divorce: Credit Card, Mortgage, Auto & Medical

Wed, 22 Oct 2025 17:43:17 GMT

When couples divorce , dividing assets is often a top concern but what happens to debt can be just as significant. How you split debt can have lasting financial effects for both parties, making it essential to understand how Ohio law handles this issue.

How You Divide Debt in Ohio

Ohio follows the principle of equitable division, meaning debts (and assets) are divided fairly, though not always equally. The court looks at each spouse’s income, financial situation, and ability to pay. For example, a spouse with higher earnings or who receives more assets may also take on a greater share of marital debt.

Debts incurred jointly during the marriage are typically shared, while debts incurred separately remain the responsibility of the person who created them. Transparency is key both spouses must disclose all financial obligations to ensure a fair outcome.

Common Types of Debt in Divorce

Credit cards: Joint credit card debt is often split between spouses, even if only one person used the card. Closing joint accounts and removing authorized users can prevent future issues.
Mortgages: If both spouses are on the loan, selling the home and dividing the proceeds is often the cleanest option. Otherwise, one spouse may refinance to remove the other from the mortgage.
Auto loans: As with mortgages, spouses should refinance loans in both names or pay them off to protect each person’s credit.
Medical bills: Responsibility for medical debt depends on when it was incurred and whether it was deemed necessary or elective care.

Protecting Your Financial Future

To minimize complications, couples should close or refinance joint accounts before finalizing the divorce and maintain detailed records of payments. Working with an experienced family law attorney can ensure that debts are divided fairly and your financial interests are protected.

When to Involve an Attorney in Domestic Violence Situations

Thu, 02 Oct 2025 21:46:43 GMT

Domestic violence is a serious issue that affects countless Ohio families every year. Survivors often face not only physical and emotional trauma but also complicated legal battles involving protective orders, divorce, child custody, and criminal charges. Navigating these challenges on your own can feel overwhelming. Having a skilled and compassionate family law attorney familiar with domestic violence on your side can make all the difference.

How an Attorney Can Help in a Domestic Violence Case

A domestic violence attorney serves as your advocate and protector in the legal system. They understand Ohio’s domestic violence laws and can guide you through the court process with clarity and compassion. Depending on your situation, an attorney may help you:

Obtain protection orders : A lawyer can assist in filing for restraining or civil protection orders to keep you and your children safe.
Advocate for your rights in family law matters : If your case involves divorce , property division , or child custody , your attorney ensures the prioritization of your safety and best interests.
Gather and present evidence : From medical records to witness statements, a lawyer can help build a strong case to support your claims in court.
Provide guidance and support : While not a replacement for counseling, a dedicated attorney can explain your options, keep you informed, and help you feel more in control of the legal process.

When to Consider Hiring a Lawyer

If you or your children are at risk of harm, it’s critical to seek immediate help from law enforcement by calling 911. After addressing immediate safety concerns, you should reach out to an attorney as soon as possible. Whether you are pursuing a protection order, going through a divorce, or navigating custody issues with an abusive partner, legal representation can help protect your rights and your future.

You Don’t Have to Face This Alone

At Hoover Kacyon LLC, we understand the sensitive and urgent nature of domestic violence cases. We are committed to guiding our clients with compassion, strength, and unwavering advocacy.

We deliver the highest quality legal representation from a team of professionals, while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.

What Makes a Great Defense Attorney?

Fri, 26 Sep 2025 21:31:19 GMT

Facing criminal charges in Ohio whether a misdemeanor or felony can feel overwhelming. The stakes are high, and the outcome can affect not only your immediate future but also your reputation, career, and family life. That’s why hiring the right criminal defense lawyer is one of the most important decisions you can make.

So, what sets a strong defense attorney apart from others?

Legal Knowledge and Experience

An effective criminal defense lawyer understands Ohio’s criminal laws and court procedures inside and out. Experience matters because every case involves nuances that only come from years of practice.

Strong Research and Analytical Skills

Good defense work requires digging deep into the facts, spotting weaknesses in the prosecution’s case, and applying the law strategically. This effort might mean discrediting unreliable testimony or challenging evidence obtained improperly.

A Client-Centered Approach

Your attorney should see you as more than a case file. The best lawyers take the time to listen, explain each step of the process, and keep you informed so you can make confident decisions.

Courtroom Confidence

Many criminal cases resolve through negotiation, but when a trial is necessary, you want a lawyer who is persuasive, calm under pressure, and ready to fight for you before a judge or jury.

Thorough Preparation and Adaptability

Preparation is key. A good defense lawyer leaves no stone unturned reviewing evidence, interviewing witnesses, and anticipating the prosecution’s moves. At the same time, they must adapt quickly when unexpected developments occur in court.

Why It Matters

The consequences of a conviction in Ohio can be severe, ranging from jail time and fines to loss of employment opportunities, financial hardship, and long-term stigma. In some cases, you could even lose rights such as voting or firearm ownership. Having a skilled criminal defense lawyer on your side can mean the difference between conviction and acquittal, or between harsh penalties and a fair resolution.

Grandparents’ Rights in Ohio: What You Need to Know

Tue, 09 Sep 2025 22:12:18 GMT

For many families, grandparents play an essential role in their grandchildren’s lives. They provide love, guidance, and stability, often stepping in to help raise or care for children. But after a divorce, separation, or other family disruption, grandparents may find themselves cut off from spending time with their grandchildren. This can be heartbreaking for both the grandparent and the child.

Ohio Law on Grandparent Visitation

Ohio is one of the states that recognizes grandparents’ rights. Under Ohio Revised Code 3109.051 , grandparents can request visitation in certain situations, such as:

When the child’s parents divorce or separate
When one parent passes away
When a child is born to an unmarried mother

The court will review whether visitation is in the child’s best interests. Factors may include the child’s relationship with the grandparent, the wishes of the child and parents, the child’s adjustment to home and school, and the health of everyone involved.

Custody and Temporary Care

In some cases, grandparents may seek temporary custody or even full custody of a grandchild. Temporary rights may be obtained through a power of attorney (if both parents consent) or a caretaker authorization affidavit (if parents cannot be located). Courts may grant full custody if parents are found “unfit” due to issues such as abuse, neglect, or substance abuse. These cases are complex, and strong legal representation is essential.

Enforcing Court-Ordered Visitation

If a court has granted visitation but parents refuse to comply, they can be held in contempt of court. This may result in fines, attorney’s fees, or even jail time for noncompliance. Having an experienced attorney ensures your rights—and your relationship with your grandchild—are protected.

How We Can Help

At Hoover Kacyon, LLC, our family law attorneys understand how important the bond between grandparents and grandchildren can be. We are committed to helping you secure the visitation or custody rights that serve your grandchild’s best interests.

When to Seek a Contempt Motion for Parenting Time Violations

Tue, 02 Sep 2025 16:53:51 GMT

In Ohio, child custody and visitation orders are legally binding. Once a judge signs off, both parents are expected to follow the terms—regardless of personal disagreements. Failing to comply isn’t just a parenting issue; it’s a legal one, and it can lead to serious consequences, including fines, reduced parenting time, or even jail time in severe cases.

Why Violations Matter

Custody and visitation orders are crafted with one goal in mind: the child’s best interest. When a parent repeatedly ignores these orders—by missing scheduled exchanges, denying visitation, or refusing communication—it can disrupt the child’s routine and damage their emotional well-being. Ohio courts take these matters seriously to protect children from unnecessary stress and instability.

What You Can Do If the Other Parent Violates the Order

If you’re dealing with repeated violations, start by documenting everything. Keep detailed records of missed visits, late drop-offs, or communication attempts. This documentation becomes essential if you need to take the issue to court.

When informal communication fails, you can file a motion for contempt in family court. The judge will review your evidence, and if they find the other parent in violation, they may impose consequences such as make-up parenting time, legal fees, or more restrictive visitation terms.

In some cases, you may need to request a modification to the custody agreement, especially if the violations are ongoing or your child’s safety is at risk. Modifications are evaluated based on whether the change serves the child’s best interests.

Preventing Future Disputes

While conflict may arise, there are steps you can take to prevent future disputes: maintain clear written communication, follow the order exactly, and use shared calendars to avoid misunderstandings. Mediation can also help resolve disagreements before they escalate.

Legal Help Is Key

Enforcing or modifying custody orders can be overwhelming—but you don’t have to do it alone.

Father’s Rights in Divorce: What Every Dad Should Know

Mon, 30 Jun 2025 17:59:24 GMT

Whether you’re married, unmarried, or navigating a divorce, protecting your relationship with your child is one of the most important—and emotional—parts of parenthood. At Hoover Kacyon, we work with fathers throughout Ohio who seek clarity, confidence, and a clear path forward regarding their parental rights.

Married Fathers: Equal Rights Under Ohio Law

If you're married to your child's mother, Ohio law recognizes both parents as having equal rights. During a divorce or legal separation , courts evaluate custody based on the best interest of the child , not the gender of the parent. Ohio Revised Code §3109.03 confirms that mothers and fathers stand on equal footing when determining custody, parenting time, and decision-making responsibilities. However, equal rights don’t always mean equal outcomes, which is why having experienced legal representation can be crucial.

Unmarried Fathers: Establishing Paternity Is Essential

If you are not married to your child’s mother, you do not automatically have parental rights in Ohio. Before you can request custody or parenting time, you must legally establish paternity. You can do this in several ways:

Acknowledgment of Paternity Affidavit: This is the simplest route, often signed at the hospital after birth by both parents.
Administrative Order through CSEA: If paternity is uncertain or contested, Ohio’s Child Support Enforcement Agency can order genetic testing and issue a determination.
Court Order: In some cases, you must establish paternity through the juvenile or domestic relations court.

Once paternity is confirmed, you are legally recognized as the child’s father and can petition for shared parenting or custody—again, based on what serves the child's best interests.

Protecting Your Role as a Father

Navigating custody as a father can feel overwhelming, especially if you’re concerned the system may favor the mother. The truth is, Ohio courts are focused on creating parenting plans that serve the child, not on defaulting to either parent.

At Hoover Kacyon, we stand with fathers who want to be present, involved, and valued in their children's lives. If you have questions about your rights or need support in a custody or paternity matter, contact our experienced family law team today. We deliver the highest quality legal representation from a team of professionals, while also providing excellent customer service. Call us at 330-922-4491 or contact us online to schedule an appointment.

Dividing Stock Options, Investments, and Retirement Plans in Divorce

Mon, 23 Jun 2025 23:43:20 GMT

Dividing property during divorce is rarely simple, and when it involves stocks, retirement accounts, or other investments, the process can quickly become even more complex . At Hoover Kacyon, we understand how stressful it can be to untangle financial assets during an emotionally challenging time. Our goal is to guide clients through these challenges with clarity, precision, and compassion.

Marital vs. Separate Property in Ohio

Ohio follows equitable distribution laws, which means marital assets are divided fairly, though not always equally. Stocks, mutual funds, and other investments acquired during the marriage are typically considered marital property, regardless of which spouse’s name is on the account. However, assets owned before the marriage or acquired via inheritance or gift are generally treated as separate property and may not be subject to division.

Correctly identifying what qualifies as marital versus separate is the first step to a fair outcome.

Valuing and Dividing Investment Accounts

Once marital assets are identified, the next step is determining their value. This process can be especially tricky for fluctuating assets like stocks or stock options. In many cases, financial professionals are brought in to assess the value of these accounts at the time of divorce.

From there, investments may be split directly or offset with other assets, such as cash, retirement funds, or real estate. If it’s impractical to divide certain accounts, one spouse may retain the investment while the other receives a comparable asset.

Handling Retirement Accounts and Stock Options

Retirement accounts such as 401(k)s, IRAs, and pensions are often among the most significant marital assets. In Ohio, these are commonly divided using a Qualified Domestic Relations Order (QDRO), which allows for tax-free transfer of funds to the non-owning spouse.

Stock options can be even more complex due to vesting schedules and potential future value. In such cases, timing, valuation methods, and division strategies require experienced legal and financial insight.

Why Legal Guidance Matters

If you’re divorcing in Ohio and dealing with significant investments, having skilled legal representation is critical. At Hoover Kacyon, we’re here to protect your financial future and ensure a fair division of all assets, no matter how complex. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to schedule an appointment.

How Same-Sex Couples Can Protect Their Parental Rights in Divorce

Thu, 12 Jun 2025 19:56:34 GMT

Since the 2015 Supreme Court ruling in Obergefell v. Hodges, same-sex couples in Ohio have gained full marriage equality, granting them the same legal recognition and protections as opposite-sex couples. While this was a historic win, navigating the nuances of family law can still be complex, especially as it relates to parenting, property, and legal planning.

Marriage and Family Law Protections

Married same-sex couples in Ohio enjoy key rights, including joint tax filing, inheritance without a will, and medical decision-making authority for a spouse. These protections also extend to family law matters, such as child custody and spousal support. In custody cases, Ohio courts prioritize the child’s best interests, allowing both partners to seek shared custody or visitation rights, provided the court recognizes them as legal parents.

Adoption laws in Ohio support joint adoption, stepparent adoption, and second-parent adoption—critical steps for couples who wish to ensure both parents have equal legal standing in their child’s life.

Financial and Estate Planning

Marriage grants same-sex couples access to financial benefits such as Social Security survivor benefits, spousal health insurance, and equitable division of marital property during divorce. However, couples must establish clear estate plans, including wills, powers of attorney, and healthcare directives, to avoid future legal complications and ensure their wishes are honored.

Protection Against Discrimination

Although federal laws prohibit discrimination in employment and housing, Ohio lacks comprehensive protections for same-sex couples in public accommodations. Staying informed about legal rights and seeking advice when issues arise is key to avoiding discrimination and ensuring equal treatment.

Why Legal Guidance Matters

While legal advancements have paved the way for more equal treatment, same-sex couples can still face challenges in areas like parental rights or estate disputes. Consulting with a knowledgeable family law attorney can help proactively protect your rights and provide peace of mind.

At Hoover Kacyon, our team is committed to supporting all families with clarity and compassion. If you have questions about your legal rights as a same-sex couple in northeastern Ohio, we’re here to help you navigate every step of the process. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to schedule an appointment.

Common Legal Mistakes to Avoid During the Adoption Process

Thu, 05 Jun 2025 14:47:17 GMT

Adopting a child is a life-changing decision that is both exciting and complex. While adoption success rates remain high, the process can be challenging, especially for first-time adoptive parents. At Hoover Kacyon, we help Ohio families navigate the adoption process with confidence by avoiding common pitfalls that can delay or even derail it.

1. Trying to Navigate the Process Without Legal Support

Adoption involves a maze of paperwork, deadlines, and legal requirements. One of the biggest mistakes families make is attempting to handle it all alone. An experienced Ohio adoption attorney can ensure that every step is completed accurately and legally. From reviewing agreements to guiding you through court proceedings, legal guidance can save time, stress, and potential setbacks.

2. Overlooking the Role of Birth Parents

Regardless of the type of adoption—whether private, agency, or open—respecting the birth parents is essential. In open adoptions, where communication between adoptive and birth families is more common, maintaining a respectful and transparent relationship benefits everyone, especially the child. Compassion and understanding can go a long way in creating a smooth transition for all involved.

3. Ignoring Adoption Regulations and Updates

Adoption laws are continually evolving to protect children and families. In Ohio, rules regarding advertising for adoption, social media usage, and financial transactions are taken seriously. Failing to follow proper procedures can lead to legal issues or the denial of your adoption petition. Always consult with your adoption professional or attorney before making public posts or agreements.

4. Skipping the Research

Every adoption is different. Costs, wait times, and legal requirements can vary significantly based on the circumstances. Doing your homework—about the agency, the process, and even travel requirements—can prevent delays or misunderstandings. Knowledge is power, especially when supported by trusted legal counsel.

5. Falling for Adoption Scams

Sadly, scams still target hopeful adoptive parents. Be wary of anyone requesting large payments in advance or promising a quick match. A qualified Ohio adoption lawyer can help you vet agencies, review contracts, and ensure your adoption follows all legal standards.

Ready to Start the Journey?

At Hoover Kacyon, our adoption attorneys are here to guide you through every step, from the initial consultation to finalization. If you're considering adoption in 2025, contact our team today to learn how we can help you build your family with confidence and peace of mind. We deliver the highest quality legal representation from a team of professionals, while also providing excellent customer service. Call us at 330-922-4491 or contact us online to schedule an appointment.

The Benefits of Having a Trusted Lawyer in Your Corner During a Lawsuit

Tue, 20 May 2025 15:22:19 GMT

After an accident, the stress can feel relentless—medical bills, lost wages, and the emotional strain of recovery all add up. During this time, having a personal injury attorney in your corner can make a significant difference.

Legal Expertise You Can Trust

Personal injury law is complex. An experienced attorney understands how to navigate local laws, deadlines, and liability issues to protect your rights. Without that knowledge, you risk missing key opportunities to strengthen your case or file within the correct time frame.

Accurately Valuing Your Claim

Your injuries may impact you far beyond your current medical bills. An attorney knows how to evaluate your claim based on long-term needs like future treatments, loss of earning potential, and emotional suffering. This valuation ensures you’re not settling for less than you deserve.

Dealing with Insurance Companies

Insurance companies aim to pay as little as possible. A seasoned lawyer understands their tactics and negotiates on your behalf, significantly increasing your chances of securing a fair settlement.

Resources That Strengthen Your Case

Personal injury lawyers often work with medical experts, accident reconstruction specialists, and investigators to build strong, evidence-backed cases. These professionals help clarify what happened and why you deserve compensation.

Support Through Every Step

Handling legal paperwork, meeting deadlines, and communicating with insurers can be overwhelming, especially when you need to focus on healing. Your attorney takes on that burden, allowing you to focus on recovery. Plus, many work on a contingency basis, meaning you don’t pay unless they win your case.

Get the Support You Deserve

At Hoover Kacyon LLC, we believe no one should face the aftermath of an accident alone. Our team is here to provide knowledgeable legal support, advocate for your best interests, and help you confidently move forward.

We are dedicated to supporting our clients in Akron, Cuyahoga Falls, and Fairlawn, Ohio, and delivering the highest quality legal representation from a team of professionals while also providing excellent, compassionate customer service. Call us at 330-922-4491 or contact us online to make an appointment and find out how we can help you get the compensation you need—and the peace of mind you deserve.

What to Expect During a Legal Consultation: How to Prepare for Your First Meeting

Tue, 20 May 2025 14:59:27 GMT

Meeting with an attorney for the first time—often called an initial consultation—is a key step in addressing your legal issue. Whether you're dealing with family matters, criminal charges, or civil disputes, this first meeting helps both you and the attorney determine if you're a good fit to work together. Even if you decide not to hire that lawyer, the consultation can still offer valuable insight and direction.

To make the most of this appointment, preparation is essential. Here are a few ways to ensure your consultation is productive and efficient:

1. Write Down Your Questions

Before your meeting, jot down any questions or concerns you want addressed. This step helps ensure you don’t forget anything important in the moment. Bring a notepad to take notes, or leave room next to your questions for the attorney's responses.

2. Share Key Details

If there’s something important about your case—even if it feels minor or uncomfortable—write it down. Confidentiality rules bind attorneys and require them not to disclose what you share unless legally required. Information you think is irrelevant might be crucial to your case.

3. Bring Relevant Documents

Gather any paperwork tied to your legal issue. This compilation could include court filings, contracts, photos, emails, or text messages. These materials give the attorney a clearer picture of your situation.

4. Provide Copies

Avoid handing over original documents. Instead, bring or send copies ahead of time via email or secure upload. This effort saves time and allows the attorney to review your case more thoroughly.

5. Be Ready to Pay

Some consultations are free, but many involve a small fee. Plan by bringing a form of payment—cash, check, or card.

6. Consider Confidentiality

If you want to bring someone for support, be aware that it may affect confidentiality. Conversations with your lawyer are privileged—unless a third party is present.

7. Limit Distractions

Turn off your phone before the meeting to show respect for the attorney’s time—and to stay focused on the discussion.

Need Legal Help in Ohio?

At Hoover Kacyon LLC, we’re committed to guiding clients through their legal challenges with compassion and clarity.

We are dedicated to supporting our clients in Akron, Cuyahoga Falls, and Fairlawn, Ohio, and delivering the highest quality legal representation from a team of professionals while also providing excellent, compassionate customer service. Contact us today to schedule a consultation and take the first step toward.

What Happens If You Die Without a Will?

Wed, 07 May 2025 18:07:30 GMT

Passing away without a will—also known as dying intestate—means that the probate court will decide how to distribute your assets under Ohio’s intestate succession laws. While this process ensures your property eventually goes to family, it may not reflect your wishes.

Understanding Intestacy in Ohio

When someone dies intestate, the law determines their “heirs”—typically close relatives like a spouse, children, parents, or siblings. In Ohio, the distribution depends heavily on your family structure at death.

If you’re married with children , your surviving spouse may inherit everything, but if you have children from a previous relationship, your estate could be divided between them. If you're unmarried , your children are first in line, followed by parents, siblings, and so on. Without any surviving relatives, your estate could eventually pass to the state.

Not All Assets Go Through Probate

It’s important to understand that not every asset is subject to probate , even if you die without a will. Assets with named beneficiaries, such as:

Life insurance policies
Retirement accounts (401(k)s, IRAs)
Payable-on-death (POD) or transfer-on-death (TOD) accounts
Property held in joint tenancy with right of survivorship

These pass directly to the named person, bypassing probate entirely. That means even without a will, those designations can dictate where a portion of your estate goes.

What About Real Estate in Other States?

If you own property outside Ohio, that real estate will be distributed according to the laws of the state in which it is located, not Ohio’s. This detail can lead to additional complications and delays for your loved ones.

Avoid the Guesswork—Create a Will

Relying on state law to determine who receives your assets can result in unintended consequences. Cohabitating partners, stepchildren, or close friends are generally not considered legal heirs under Ohio law and could be left with nothing.

At Hoover Kacyon, LLC, our estate planning attorneys can help you draft a clear, legally valid will that ensures your wishes are carried out and your loved ones are protected. Don’t leave your legacy to chance—call us at 330-922-4491 or contact us online to make an appointment. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service.

You’re Engaged! Here’s Why a Prenup Should Be on Your Wedding To-Do List

Wed, 07 May 2025 17:53:19 GMT

First off, congratulations on your engagement! As you dive into the exciting world of wedding planning—choosing the venue, tasting cake samples, and managing guest lists—it’s easy to focus on the celebration and overlook the legal and financial foundation of your future together.

One important item that often gets left off the checklist is a prenuptial agreement.

Why Consider a Prenuptial Agreement in Ohio?

A prenuptial agreement, or “prenup,” is a legally binding contract made before marriage that outlines how to handle assets, debts, and financial matters in the event of divorce or death. In Ohio, prenups are enforceable if they are entered voluntarily, disclose all assets fully, and are fair when signing.

Couples might consider a prenup to:

Protect pre-marital assets or businesses
Define responsibility for individual and joint debts
Plan for future inheritances
Outline spousal support expectations

While you cannot include child custody or child support terms in a prenup under Ohio law (those decisions are always made in the child's best interest at the time of separation), you can make agreements about things like future education expenses or additional support.

Starting the Conversation

Bringing up a prenup doesn’t have to be awkward. Here are a few tips to make the conversation easier:

Choose your timing wisely. Find a calm moment when you’re both open to discussing your future.
Be transparent about your reasons. Framing the agreement as a mutual protection and clarity tool can go a long way.
Engage your partner. This process should be a joint one, not a demand from one side.
Stay focused on your relationship. Input from others is natural, but the agreement should reflect your shared values and goals.

At Hoover Kacyon, LLC, we understand the emotional and practical aspects of marriage planning. A prenup isn’t about expecting failure—it’s about entering your marriage with honesty, respect, and shared understanding.

Ready to talk it through? Our family law attorneys are here to help you protect what matters most—now and in the future. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.

Who Gets What? The Importance of Updating Your Beneficiaries

Thu, 17 Apr 2025 18:15:48 GMT

The COVID-19 pandemic led many individuals to take action on their estate plans —either by creating a will for the first time or updating an existing one. This shift was a step in the right direction. Dying without a will, known as dying intestate, means that Ohio law will determine how to divide your assets, which can create unnecessary complications for your loved ones.

However, even with a will in place, there’s another critical piece of the puzzle: your beneficiary designations .

Beneficiary Designations Override Your Will

Many people don’t realize that the beneficiaries named on certain accounts—like retirement plans, life insurance policies, bank accounts, and investment accounts— supersede what’s written in your will. This means that even if your will says one thing, these accounts will go to the person listed on the form, regardless of how long ago it was completed.

That’s why it’s essential to regularly review and update your beneficiary designations, especially after major life events such as marriage, divorce, the birth of a child, or the death of a loved one. Even a change in address or name should prompt a review to ensure everything remains accurate and aligned with your intentions.

Consider Charitable Beneficiaries

In some cases, naming a nonprofit or charitable organization as a beneficiary can be a thoughtful and tax-efficient option. Because charities are tax-exempt, they can receive retirement assets without the income tax burden an individual might face. If you choose this route, be sure to list the organization's full legal name to avoid confusion.

Keep Your Estate Plan Current

Ultimately, you are responsible for updating your beneficiary designations. Make it a habit to revisit your estate plan—including these designations—every few years.

If you need assistance or have questions, the estate planning attorneys at Hoover Kacyon, LLC are here to help guide you through the process with clarity and care. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.

Estate Planning After Divorce

Wed, 09 Apr 2025 20:42:28 GMT

A divorce is a life-changing event that requires updating many aspects of your life—including your estate plan. If you fail to revise your will, trusts , and beneficiary designations after divorce, unintended beneficiaries, including your ex-spouse, could inherit your assets. Learn to navigate these important updates to ensure your estate plan reflects your current wishes.

Revising Your Will

In Ohio, divorce automatically revokes any provisions in a will that benefit a former spouse. This detail means that if you had previously named your ex-spouse as a beneficiary or executor, they will now be treated as if they had predeceased you. However, this does not apply to other family members of your ex-spouse whom you may have included in your will. If you still wish to leave assets to your ex-spouse or make other changes, you must draft a new will that clearly states your intentions.

Most wills include language that revokes prior versions, ensuring clarity in case of disputes. A new will also allows you to reassign executors and beneficiaries according to your updated preferences.

Reviewing Trusts

Trusts are common estate planning tools that also require careful review after divorce. If you have a revocable trust , Ohio law typically removes your ex-spouse as a beneficiary. However, irrevocable trusts do not change automatically—meaning your ex-spouse may still be entitled to benefits unless you restructure the trust.

To avoid unintended outcomes, it is essential to review all trust agreements with an experienced estate planning attorney who can help modify or create new trusts as needed.

Updating Beneficiary Designations

Not all assets pass through a will or trust. Many financial accounts, including life insurance policies, retirement accounts, and payable-on-death (POD) bank accounts , are distributed based on beneficiary designations. A divorce does not automatically revoke these designations in Ohio, so if your ex-spouse remains listed, they could still receive those assets.

To prevent this, update all beneficiary designations through your financial institutions, workplace benefits, and insurance providers.

Naming a Legal Guardian for Minor Children

If you have minor children, your estate plan should name a legal guardian in case something happens to you. While custody typically goes to the surviving parent, you should name a backup guardian in case your ex-spouse predeceases you or is deemed unfit. Working with an attorney ensures these plans align with Ohio law and your family's best interests.

Take Action Today

Failing to update your estate plan after divorce can lead to unintended consequences, including assets going to the wrong individuals or disputes among family members. At Hoover Kacyon, LLC, we guide residents of Akron, Fairlawn, and Cuyahoga Falls, Ohio, through this process, ensuring their estate plan reflects their new circumstances and protects their loved ones.

If you are recently divorced or in the process of divorcing, schedule a consultation with our estate planning team today. Let us help you secure your future with confidence. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.

Is Divorce the Right Choice? 5 Questions to Ask Yourself

Wed, 09 Apr 2025 20:32:38 GMT

Even the strongest marriages face challenges. When couples exchange vows, they do so with hope and commitment to a shared future. But sometimes, despite the best intentions, a marriage no longer serves both individuals—and the idea of divorce becomes a reality.

If you’re contemplating filing for divorce in Ohio but are unsure whether now is the right time, it’s important to pause and reflect on a few key areas before taking the next step.

Have You Explored All Options to Reconcile?

Before proceeding with a divorce, consider whether you’ve truly done all you can to repair the relationship. Especially when children are involved, it’s crucial to try every avenue to preserve the family unit. Have you considered marriage counseling or dedicated time to open, honest communication? Are there reasonable compromises that could help resolve long-standing issues? Divorce is a significant legal and emotional step—ideally, one you take only after exploring all other options.

How Will This Affect Your Children?

When children are part of the picture, the divorce process becomes even more complex. As you think through your next steps, ask yourself:

Are the children already aware of tensions at home?
How might each child react to a separation?
Can you and your spouse work together to develop a custody arrangement outside of court?
Are you prepared to address child support or potential spousal support under Ohio law?
Can you continue to share a home peacefully while working out the details?

The more clarity you gain on these matters before filing, the smoother the process can be for everyone involved.

Getting Legal Guidance Early Matters

At Hoover Kacyon, LLC, we understand the emotional and legal complexities that come with divorce. Our experienced family law attorneys are here to guide you through the process with compassion and clarity, helping you protect your rights and prioritize your family’s well-being.

If you're thinking about divorce, don’t navigate the decision alone. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.

Protecting Your Children's Inheritance from Divorce

Fri, 28 Mar 2025 20:53:46 GMT

Parents are often thrilled when their children marry, welcoming new family members with the hope of a lifelong union. However, as reality shows, marriages don’t always last. While you can’t shield your children from the emotional toll of divorce, you can take steps to ensure their inheritance remains protected. Including asset protection in your estate planning can prevent an ex-spouse from claiming part of your child’s inheritance in a divorce.

How Ohio Law Treats Inheritance in Divorce

Ohio follows an “equitable distribution” system, meaning marital property is divided fairly—but not necessarily equally—during a divorce . While assets inherited by one spouse are generally considered separate property, they can easily become marital property if commingled.

For instance, if your child inherits money and deposits it into a joint bank account with their spouse, it can lose its status as separate property. Similarly, if an inherited home is jointly improved or used as the couple’s residence, its increased value may be considered marital property. Once separate property becomes marital property, it typically cannot be reversed.

Strategies to Protect an Inheritance from Divorce

To safeguard your child’s inheritance, consider the following options:

1. Establishing a Trust

A well-structured trust is one of the best ways to protect an inheritance. Two primary options exist:

Revocable Trust – Allows flexibility while the grantor is alive, ensuring assets are managed and distributed according to predetermined terms. Since the trust, not the child, owns the assets, they are protected from becoming marital property.
Irrevocable Trust – Provides stronger protection by preventing the assets from being reclaimed by the grantor. This step ensures the inheritance is shielded not only from divorce but also from creditors and legal claims.

2. Using a Limited Liability Company (LLC)

For inheritances involving family businesses, farms, or valuable property, an LLC can be an effective tool. By structuring ownership through an LLC, assets remain separate and protected, preventing them from being subject to division in a divorce.

Secure Your Family’s Future

The unfortunate reality is that nearly half of marriages end in divorce. By taking proactive steps now, you can help ensure that your child’s inheritance remains protected for future generations. Consulting with an experienced estate planning attorney at Hoover Kacyon LLC can provide peace of mind and legal strategies tailored to your family's needs .

Contact Hoover Kacyon LLC today to discuss safeguarding your child’s inheritance and securing your legacy. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service.
Call us at 330-922-4491 or contact us online to make an appointment.

How Business Owners Can Protect Their Assets During Divorce

Mon, 10 Mar 2025 21:06:49 GMT

Divorce can be a complex and stressful process for business owners who have dedicated time and effort to building their companies. The division of assets, spousal support, and financial impact can be overwhelming. At Hoover Kacyon, LLC, we understand these challenges and are here to help protect your interests and future.

Is Your Business Marital Property?

A key concern is whether a business is considered marital property. In Ohio, assets acquired during marriage are typically subject to equitable distribution. If you established your business before marriage, its original value may remain separate property. However, any increase in value during the marriage could be considered marital property, especially if marital funds or joint efforts contributed to its growth.

Protecting Your Business During Divorce

Here are strategies to safeguard your business:

Control Business Growth – Consider slowing major expansions if divorce is imminent, as increased business value may be subject to division.
Trust Legal Guidance – A skilled attorney can handle negotiations and protect your business assets while you focus on operations.
Distinguish Separate vs. Marital Property – Keeping clear financial records can help clarify which portions of your business are separate property.
Negotiate a Buyout – Instead of dividing ownership, offer an equalization payment as a lump sum or structured payment plan to retain full control.

The Role of Prenuptial and Postnuptial Agreements

A prenuptial or postnuptial agreement is one of the best ways to protect a business from future claims.

Prenuptial Agreement – Created before marriage, it defines how to handle business assets in a divorce.
Postnuptial Agreement – Established after marriage, it outlines asset division. However, courts may scrutinize postnups if you’re already considering divorce.

Avoiding Litigation

Litigation can be costly and expose business details to public records. Alternative dispute resolution methods, such as mediation or negotiation, can maintain privacy and lead to fair settlements. Negotiating a division of other marital assets—such as real estate or investments—may allow you to retain full business ownership without court intervention.

How Hoover Kacyon, LLC Can Help

At Hoover Kacyon, LLC, we understand the unique challenges business owners face during divorce. Our legal team specializes in asset protection, negotiations, and crafting agreements that safeguard business interests.

If you are a business owner facing divorce, schedule a consultation with Hoover Kacyon, LLC today to protect your business, financial stability, and future. No matter how complicated your divorce might be, the Akron, Fairlawn, and Cuyahoga Falls Hoover Kaycon, LLC Attorneys at Law are here to answer your questions and help you through the process. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.

Legal Considerations for Starting a Business in Ohio

Thu, 27 Feb 2025 21:33:59 GMT

Starting a business is an exciting yet complex endeavor. While the financial aspects of entrepreneurship often take center stage, legal planning is just as crucial. Making informed legal decisions early on can help prevent complications and set the stage for long-term success. Whether you're launching a small startup or a growing enterprise, understanding the legal requirements for business formation is key.

Choosing the Right Business Structure

Selecting the appropriate business entity is one of the first and most important legal steps when starting a business. The options include sole proprietorships, partnerships, limited liability companies (LLCs), and corporations. Each structure comes with its advantages and responsibilities, including tax implications, liability protection, and operational flexibility. A knowledgeable business attorney can help assess your specific needs and guide you in choosing the right entity for your venture.

Registering Your Business and Obtaining Licenses

In Ohio, businesses must register with the Ohio Secretary of State . Additional licensing and permits may be required at the state or local level, depending on your industry and location. Ensuring compliance with registration and licensing laws from the start can help avoid legal setbacks down the road.

Drafting Business Agreements

A well-drafted business agreement is essential if you are starting a business with partners. A partnership agreement, operating agreement (for LLCs), or corporate bylaws should outline ownership rights, decision-making processes, profit distribution, and exit strategies. Clear agreements help prevent disputes and provide a framework for resolving conflicts efficiently.

Hiring Employees and Employment Law Compliance

Bringing employees into your business adds another layer of legal responsibility. You must decide whether to hire employees or engage independent contractors. Proper classification is critical to avoid penalties related to employment taxes and benefits. Additionally, businesses should consider employee handbooks, confidentiality agreements, and workplace policies to protect both the company and its workforce.

Protecting Intellectual Property

For many businesses, intellectual property (IP) is one of their most valuable assets.Trademarks, copyrights, patents, and trade secrets should be properly safeguarded to maintain competitive advantage. Legal agreements, such as non-disclosure and non-compete contracts, can further help protect proprietary information from misuse.

Understanding Zoning and Environmental Regulations

Certain industries must comply with zoning laws and environmental regulations. Local zoning laws dictate where businesses can operate, and environmental laws may impose restrictions on waste disposal, emissions, and land use. Ensuring compliance from the outset can prevent costly legal issues and operational disruptions.

Securing Business Insurance

Business insurance is another crucial component of risk management. Liability insurance, property coverage, and workers' compensation policies can help protect your business from financial losses due to lawsuits, accidents, or unexpected events. Consulting with an attorney can help determine the appropriate coverage for your business’s unique needs.

Set Your Business Up for Success

Starting a business involves numerous legal considerations that can impact your company’s future. At Hoover Kacyon LLC, we understand entrepreneurs' challenges and are here to provide expert legal guidance. Whether you need help with business formation, contract drafting, employment law, or risk management, our experienced attorneys can support you every step of the way.

For personalized legal assistance in starting or growing your business, contact Hoover Kacyon LLC today.

Common Probate Pitfalls and How to Avoid Them

Wed, 26 Feb 2025 21:51:36 GMT

Probate is the legal process of validating a will and ensuring that a deceased individual’s assets are distributed correctly. While some estates may bypass probate through careful planning, many must go through this procedure to settle debts and transfer assets. Given its complexity, executors (or personal representatives) can easily make mistakes that delay proceedings or create legal complications. Below are some common probate pitfalls and how to avoid them.

Delaying the Probate Process

Losing a loved one is an emotional time, and while grieving is natural, delaying the probate process can cause significant issues. Taxes and debts may accrue penalties and interest, creditors may initiate legal actions, and heirs could grow suspicious of delays.

To prevent these problems, executors should familiarize themselves with probate requirements and timelines. For example, in Ohio, an estate inventory should generally be completed and filed within three months of the executor’s appointment. Acting promptly helps keep the process smooth and minimizes potential disputes.

Poor Accounting and Record-Keeping

Executors must maintain detailed records of all financial transactions related to the estate, including payments to creditors and distributions to heirs. Poor accounting can raise legal concerns and even lead to allegations of misconduct.

To avoid complications:

Keep a dedicated estate ledger separate from personal finances.
Retain receipts and records of all transactions, no matter how small.
Record each transaction individually instead of combining multiple payments into a single entry.
Regularly review asset values, including stock statements and real estate assessments.

Failing to Communicate with Beneficiaries

Lack of communication can lead to frustration and suspicion among beneficiaries. Some may even suspect the executor of mishandling estate assets. Keeping beneficiaries informed fosters trust and transparency.

Executors should:

Provide regular updates via phone or email, even with no significant changes.
Maintain records of all communications with beneficiaries.
Address questions and concerns promptly.
Seek legal assistance if communication becomes contentious.

Distributing Assets Too Soon

Beneficiaries may pressure the executor to distribute assets quickly, but doing so before settling all debts can create significant legal liability. Creditors generally have up to a year to file claims, and if an executor prematurely distributes funds, they may be held responsible for unpaid debts.

To mitigate risks, executors should:

Prioritize debt payments before distributions.
Ensure all creditor claims are properly addressed before finalizing asset transfers.
Consult an attorney to navigate complex estate matters.

Not Seeking Legal Assistance

Even seemingly straightforward estates can become complicated due to unexpected claims, tax considerations, or beneficiary disputes. Retaining an experienced probate attorney can help executors fulfill their duties correctly and avoid costly mistakes.

A knowledgeable probate attorney provides guidance on legal requirements, ensures compliance with state laws, and helps resolve conflicts efficiently. If you’re serving as an executor and need assistance, the legal team at Hoover Kacyon LLC is here to help. Contact us today to navigate the probate process with confidence.

What Do I Need to Consider Before Getting Remarried?

Tue, 04 Feb 2025 22:01:18 GMT

Remarrying after a divorce can feel like a fresh start and an opportunity to build a lasting partnership. However, Census statistics show that second marriages have a higher rate of failure than first marriages, making it essential to approach this new chapter with awareness and preparation. For those planning to remarry in Ohio, understanding the legal and personal implications can help set the foundation for a successful union.

Unique Challenges of Second Marriages

Couples entering a second marriage often face hurdles not present in first marriages. Some of these challenges include:

Lingering emotions like resentment or anger toward a former spouse.
Balancing greater financial and personal independence.
Managing financial obligations, including child support or alimony.
Blending families and navigating relationships with stepchildren.
Adjusting to changes in social networks and family dynamics.

Steps to Consider Before Remarrying

To increase the likelihood of a successful second marriage, thoughtful planning is crucial. Key steps include:

Understanding Past Mistakes: Reflect on the reasons your first marriage ended. Identify patterns or behaviors to avoid repeating in your new relationship.
Discussing Family Dynamics: Blending families can be challenging. Open communication with your children and your new partner about expectations and concerns is essential for building trust and harmony.
Reviewing Financial Implications: Second marriages often involve complex financial considerations, including:
Alimony : Remarriage typically terminates alimony payments. Notify your former spouse promptly, as required by your divorce agreement.
Household Finances : Discuss shared expenses and financial responsibilities to avoid conflict later.
Life and Health Insurance : Update beneficiaries and ensure compliance with previous agreements before making changes.
Considering a Prenuptial Agreement : Protect your premarital assets and plan for your children’s inheritance with a prenuptial agreement. This precaution is especially valuable if there are significant financial disparities between you and your partner.
Emotional Readiness: Before remarrying, take the time to heal and address any unresolved emotions. Counseling can help you process lingering feelings and prepare you for a healthy relationship.

Setting Yourself Up for Success

While challenges exist, second marriages can thrive with open communication, mutual respect, and a shared commitment to resolving issues as they arise. Building trust with your partner and stepchildren and prioritizing the relationship can help create a strong foundation for your new family.

Contact Hoover Kacyon, LLC

If you’re planning to remarry and have concerns about the legal implications, the experienced family law attorneys at Hoover Kacyon, LLC can help. We provide guidance on prenuptial agreements, financial planning, and family dynamics to ensure you’re fully prepared for this new chapter.

The Akron, Fairlawn, and Cuyahoga Falls Hoover Kaycon, LLC Attorneys at Law are here to answer your questions and help you through the process. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service.

Contact us today to schedule a consultation and receive personalized advice tailored to your unique situation. Call us at 330-922-4491 or contact us online to make an appointment.

How Can I Protect My Business Interest in a Marriage?

Wed, 15 Jan 2025 22:06:09 GMT

When you’ve built a successful business, safeguarding it is crucial—especially within the context of marriage. While no one enters marriage expecting a divorce, planning for potential outcomes can protect both your livelihood and your peace of mind. Several proactive strategies can help you secure your business interests, such as prenuptial agreements, postnuptial agreements, and buy/sell agreements.

Prenuptial Agreements

A prenuptial agreement is a powerful tool for ensuring your business remains protected in the event of divorce. This legally binding document entered into before marriage, allows both parties to agree on how to divide assets if the marriage ends. Specifically, you can designate whether your business qualifies as marital property. By excluding the business from marital property, you protect it from being subject to division. Prenuptial agreements are widely recognized and often provide the strongest protection for business owners.

Postnuptial Agreements

If you’re already married and haven’t established a prenuptial agreement, a postnuptial agreement offers an alternative. These agreements serve a similar purpose, allowing you to outline how to treat business assets in case of divorce. However, postnuptial agreements can be more challenging to enforce than prenuptial agreements, as courts may scrutinize them more closely to ensure fairness. Still, they can be an effective safeguard when drafted with the help of an experienced attorney.

Buy/Sell Agreements

For those who co-own a business, a buy/sell agreement can provide additional protection. This type of agreement determines how a spouse’s interest in the business will be valued and handled during a divorce. It can specify a cash award for the spouse’s share while ensuring that the business remains operational under your control. Buy/sell agreements not only protect your business but also provide clarity and stability during potentially turbulent times.

Taking Action to Secure Your Business

Proactively addressing the “what ifs” with legal agreements allows you to focus on growing your business without worrying about unforeseen complications. Consulting an attorney to create tailored agreements can ensure your business interests are thoroughly protected, no matter what the future holds.

At Hoover Kacyon, LLC, we understand the importance of safeguarding your hard-earned business. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Contact us today to discuss your options and take the first step toward protecting your financial future. Call us at 330-922-4491 or contact us online to make an appointment.

Ohio DUI Laws (2024 Guide)

Tue, 07 Jan 2025 22:13:40 GMT

Between 2019 and 2024, the Ohio State Highway Patrol made 101,809 arrests for operating a vehicle while impaired (OVI), with approximately 30% involving repeat offenders. Ohio's laws impose strict penalties on impaired driving, particularly for repeat offenses. Understanding the potential consequences and legal options is crucial when facing an OVI charge.

What Constitutes OVI in Ohio?

Ohio Revised Code Section 4511.19 outlines OVI laws, which prohibit operating any vehicle, streetcar, or trackless trolley under these conditions:

Being under the influence of alcohol, drugs, or their combination
Having a blood alcohol concentration (BAC) of 0.08% or higher
Exceeding legal limits of controlled substances like cocaine, marijuana, or heroin

Even if your substance levels fall within legal thresholds, you can still be charged if the impairment is evident.

Immediate Consequences of an OVI Arrest

Law enforcement may suspend your license immediately if chemical testing confirms you are over the legal limit. This administrative suspension begins immediately and ranges from 90 days to five years, depending on prior offenses. Refusal to submit to chemical testing under Ohio's implied consent laws also results in immediate suspension, lasting one to five years.

Criminal Penalties for OVI Convictions

Penalties depend on prior convictions, BAC levels, and compliance with testing.

First Offense

Jail: 3 days to 6 months
Fines: $375 to $1,075
License Suspension: 1 to 3 years

Second Offense

Jail: 10 days to 6 months
Fines: $525 to $1,625
License Suspension: 1 to 7 years

Third Offense

Jail: 30 days to 1 year
Fines: $850 to $2,750
License Suspension: 2 to 12 years

Subsequent offenses may lead to felony charges with harsher penalties.

Defending Against OVI Charges

An OVI conviction requires proof beyond a reasonable doubt. If evidence was collected improperly or your constitutional rights were violated, it might be possible to suppress it. Another potential strategy is negotiating plea agreements for reduced charges, though Ohio does not offer pre-trial diversion programs for OVI cases.

Seek Legal Assistance

Ohio's stringent OVI laws necessitate having an experienced advocate on your side. A skilled attorney can help navigate the legal system, protect your rights, and minimize penalties. If you're facing OVI charges, contact a lawyer promptly to discuss your case and legal strategy.

If you need representation and someone to guide you through the OVI process to get the best possible outcome, contact the attorneys at Hoover Kacyon, LLC. The Akron and Cuyahoga Falls Hoover Kaycon, LLC Attorneys at Law are here to answer your questions. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.

How a DUI Affects Divorce Proceeding

Wed, 27 Nov 2024 22:20:58 GMT

A DUI (driving under the influence) conviction carries severe consequences, including potential jail time, license suspension, and substantial fines. Beyond these penalties, a DUI conviction may also complicate divorce proceedings, influencing property division and child custody outcomes. If you or your spouse face DUI charges during a divorce , it’s critical to consult with an experienced attorney, like those at Hoover Kacyon, LLC, to understand your options and protect your interests.

DUI and Its Impact on Divorce

In Ohio, the repercussions of a DUI can extend beyond the criminal court and into family law matters. A conviction can negatively influence property division during divorce proceedings. Courts aim for an equitable division of marital assets, but a DUI-related financial strain—such as fines, legal fees, and court costs—may leave fewer resources available for negotiation.

Child custody is another area where a DUI conviction can have significant implications. If one parent has been convicted of drunk driving, the other parent’s attorney may use this to argue against awarding custody. Courts in Ohio prioritize the child’s best interests, and a history of impaired judgment or dangerous behavior, such as DUI, can weigh heavily in custody decisions. A conviction may result in reduced parenting time or loss of decision-making authority for the child’s welfare, including education and medical care.

Understanding DUI Laws in Ohio

In Ohio, DUI laws (often referred to as OVI or operating a vehicle under the influence) impose penalties based on factors like blood alcohol concentration (BAC) and prior offenses. Depending on the circumstances, a DUI may be charged as a misdemeanor or a felony. A conviction can lead to a license suspension, which may hinder your ability to fulfill parenting responsibilities or meet employment obligations.

How Hoover Kacyon, LLC, Can Help

Divorce proceedings are complex, and the added element of a DUI can make the process even more challenging. The skilled family law attorneys at Hoover Kacyon, LLC are here to help. Our team provides personalized legal guidance tailored to your unique circumstances, ensuring you understand how a DUI could affect your divorce.

We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Contact Hoover Kacyon, LLC today at 330-922-4491 to schedule a consultation and take the first step toward protecting your rights and future.

Are Prenuptial Agreements Essential for High-Net-Worth Individuals?

Mon, 25 Nov 2024 22:29:50 GMT

Prenuptial agreements, or prenups , are essential legal doc uments created before marriage to establish how assets and liabilities will be divided in the event of divorce or death. For high-net-worth individuals, these agreements are crucial for protecting wealth, investments, and business interests. At Hoover Kacyon, LLC, we emphasize the value of proactively addressing financial matters, especially when substantial assets are involved.

Asset Protection

A primary benefit of prenuptial agreements is safeguarding assets. High-net-worth individuals often have complex financial portfolios, including real estate, businesses, stocks, and inheritances. Without a prenup, dividing these assets during a divorce can become unnecessarily complicated. A well-drafted prenuptial agreement ensures clear guidelines for asset division, helping to mitigate conflicts and streamline the resolution process.

Transparency in Marriage

Prenuptial agreements also promote transparency and clarity regarding financial expectations within a marriage. At Hoover Kacyon, LLC, we encourage open communication between partners when drafting prenups. These discussions not only protect assets but also foster mutual understanding, creating a solid foundation for a lasting relationship. Our collaborative approach to family law ensures our clients' interests are prioritized while promoting amicable resolutions.

Beyond Asset Protection

Prenuptial agreements address more than just asset protection; they can also cover spousal support and future property rights. For individuals entering a marriage with significant assets, such as a home, retirement accounts, or anticipated inheritances, it’s essential to have open discussions about how these assets will be handled in the event of divorce. A prenup provides fairness and financial security for both spouses, offering peace of mind as they move forward together.

Postnuptial Options

Effective January 1, 2023, Ohio law has drastically changed to allow for postnuptial agreements between spouses. This update means that now, after parties are married, they can enter into a contract with one another that changes some of their legal rights and responsibilities, similar to what a prenuptial agreement can do before parties are married.

Contact Us Today

For high-net-worth individuals in Ohio, prenuptial agreements are more than legal documents—they are tools for asset protection, transparency, and long-term stability. Let Hoover Kacyon, LLC guide you through the process with professionalism and compassion. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Contact us at 330-922-4491 or online to learn more about prenuptial agreements or postnuptial services.

Divorce and Your Investments: Here’s What to Know

Tue, 12 Nov 2024 22:39:05 GMT

Divorce marks a significant change in life, not just emotionally but als o financially. Understanding how to protect your investments through this transition is crucial to setting a stable foundation for your future. Here, we outline essential steps to help safeguard your assets and navigate the process effectively.

1. Know Your State’s Property Division Laws

State laws guide the division of assets in divorce, which generally follow either community property or equitable distribution principles. Ohio follows equitable distribution of property , which aims for fairness, not necessarily a 50/50 split. In either case, any property acquired during the marriage is typically considered “marital property” and subject to division. Knowing your state’s approach can help you prepare and plan strategically.

2. Inventory Your Assets

A critical early step is identifying all your financial and investment accounts. Even if you haven’t managed the finances before, it’s essential to familiarize yourself with account details, including types of ownership (joint or individual), balances, and access information. This step will provide a clearer picture of your marital assets and help prevent any surprises later.

3. Consider Consulting a Financial Advisor

A financial advisor can be invaluable, especially if you and your spouse have substantial investments. They can help create a marital net worth statement, calculate tax implications, and guide you through potential pitfalls. If you previously shared an advisor with your spouse, consider hiring an independent one to avoid conflicts of interest. An advisor will also help you build a post-divorce financial plan and protect your credit.

4. Update Beneficiaries

Divorce is an ideal time to review and update beneficiary designations on your investment accounts, as these take precedence over wills. Neglecting to update beneficiaries could unintentionally benefit your ex-spouse. Simply log in to your accounts or contact your financial institution to make these changes.

5. Document Contributions

In equitable distribution states, the court considers each spouse’s contributions to the marriage. If you made financial sacrifices, such as paying down debt or managing a home renovation, keep records as evidence. This documentation could strengthen your case for a fair share of the assets.

Dividing Investments in Divorce

Investment accounts, especially retirement plans, can be challenging to divide. Workplace retirement plans like 401(k)s require a Qualified Domestic Relations Order (QDRO) to allocate funds to an ex-spouse without incurring penalties. Understanding the tax implications of different account types—such as traditional IRAs versus Roth IRAs—is also important, as the long-term impact can vary.

In Essence

Divorce is undeniably difficult, but taking the proper steps can safeguard your financial future. By working with a financial advisor and understanding your rights, you can approach asset division with clarity. At Hoover Kacyon, LLC, we understand the complexities of divorce and asset protection.

We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.

A Comprehensive Guide to Spousal Support in Ohio

Mon, 11 Nov 2024 16:07:42 GMT

Spousal support, formally known as alimony , is often a central issue in divorce cases, designed to ensure financial fairness and provide stability to a spouse after a marriage ends. In Ohio, spousal support laws aim to assist dependent spouses as they transition to financial independence, making it essential for those going through a divorce to understand the process.

Who Qualifies for Spousal Support?

Ohio bases spousal support eligibility on several factors, including the duration of the marriage, the standard of living during the marriage, each spouse’s earning potential, age, health, and contributions to the household. Courts take these factors into account when deciding if support is warranted and, if so, how much and for how long.

Types of Spousal Support in Ohio

Ohio law recognizes different types of spousal support. Temporary support may be provided during the divorce process to help a spouse meet immediate needs. Short-term support can assist a spouse in adjusting to new financial realities, while long-term or permanent support may be awarded in situations where one spouse cannot achieve financial independence due to age, health, or other factors.

How is Spousal Support Calculated?

Unlike some states, Ohio does not use a specific formula to calculate spousal support. Instead, the court examines both parties’ income, earning capacity, financial needs, and any existing child support obligations. This case-by-case approach allows for flexibility in determining fair support but also requires careful consideration of each unique situation.

Adjusting and Ending Spousal Support

Spousal support orders are not always permanent. They can be modified or terminated under specific circumstances, such as job loss, retirement, or a significant change in the financial status of either spouse. In many cases, support will automatically end if the recipient spouse remarries or if the court deems the original order no longer necessary.

Tax Implications for Spousal Support

Since the 2018 Tax Cuts and Jobs Act, spousal support payments are no longer tax-deductible for the payer, and recipients do not have to declare them as taxable income. Understanding these tax changes is vital for those negotiating or paying spousal support, as they can impact overall financial planning.

Negotiating Outside of Court

Divorcing couples can also negotiate spousal support outside the courtroom through mediation or collaborative divorce, allowing for greater flexibility and more personalized agreements. This process can be less contentious and give both parties more control over the outcome.

The Importance of Legal Representation

Navigating Ohio’s spousal support laws can be challenging, and it’s essential to have skilled legal guidance. The experienced family law attorneys at Hoover Kacyon, LLC, serving Akron, Cuyahoga Falls, and Fairlawn, can help you understand your rights and obligations, work through negotiations, and represent your interests in court. Whether you’re seeking or contesting spousal support, Hoover Kacyon, LLC is here to guide you through each step of the process.

For a comprehensive consultation and to explore your options, contact us today at 330-922-4491 or reach out to us online.

6 Ohio Child Support Myths Debunked

Wed, 16 Oct 2024 17:19:20 GMT

Parents in Ohio who either pay or receive child support often have misconceptions about how the system works. These misunderstandings can cause frustration and conflict between parents, sometimes leading to unnecessary legal battles. To avoid confusion, it's important to understand the facts about child support. Below are six common myths and the truths behind them.

Myth #1: Child Support Is Based on the Child's Needs

Truth : While a child's needs are considered, the primary factor in determining child support is the income of both parents. Ohio uses a specific formula that combines the gross income of both parents, taking into account certain deductions like local taxes, support for other children, or spousal support. The aim is to ensure a fair distribution of child-rearing costs based on the parents' financial situations.

Myth #2: Child Support Must Only Be Spent on the Child

Truth : Child support is meant to contribute to the child’s overall welfare, but there’s no strict requirement for how it is spent. In Ohio, support can be used for housing costs, utilities,transportation, food, and even entertainment. While these expenses may also benefit the custodial parent, they don't make the spending improper. Only in extreme cases where the child’s needs are neglected would the court intervene.

Myth #3: Moving Out of State Cancels Child Support Obligations

Truth : Relocating to another state or even outside the country does not relieve a parent from their responsibility to pay child support. The obligation remains, regardless of where a parent lives. Courts and agencies can enforce child support orders across state and national borders.

Myth #4: Quitting a Job Can Eliminate the Duty to Pay Child Support

Truth : A parent cannot simply avoid child support by quitting their job. If a parent intentionally becomes unemployed to avoid payments, the court may continue to enforce the original support order. Judges may base payments on the parent's potential income or assign an obligation based on minimum wage.

Myth #5: Having Children with a New Partner Lowers Child Support

Truth : The number of children a parent supports is a factor in determining child support, but having more children doesn’t automatically lower payments. If a parent’s income increases with a new partner, child support could stay the same or even rise depending on the circumstances.

Myth #6: Child Support Ends When the Child Turns 18

Truth : In Ohio, child support typically ends when a child turns 18, but exceptions exist. Support may continue if the child is still in high school or is disabled and unable to support themselves. Additionally, the obligation will continue if parents agree in a divorce settlement to extend support past 18.

By understanding the facts and clearing up these misconceptions, parents can navigate the child support process with less confusion and conflict. Hoover Kacyon, LLC, is a trusted partner in child custody legal matters, delivering results

through our unwavering dedication, vast experience, and proven track record in litigation and appeals.

The Akron, Fairlawn, and Cuyahoga Falls Hoover Kacyon, LLC Attorneys at Law are here to assist you with the sensitive nature of child custody cases. If you need assistance, know that we deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.

What Happens to High-Value Property in a Divorce?

Mon, 07 Oct 2024 17:28:08 GMT

When people think about dividing assets in a divorce, they often focus on the larger, more obvious items such as houses, cars, and real estate. However, in high-income divorces, other significant assets come into play and must be considered during property division. These assets are often classified as high-value property.

What Qualifies as a High-Value Property?

No specific financial threshold qualifies an asset as high-value, but certain items are generally regarded as such due to their worth. These include:

Artwork
Collectibles
Family heirlooms
Jewelry (i.e., wedding rings and engagement rings)
Vacation homes or investment properties
Luxury vehicles

Marital vs. Separate Property

Marital property includes anything that either spouse acquired during the marriage, regardless of whose name is on the deed or title. For instance, even if only one spouse’s name appears on the title of a vehicle or the deed to a home, it is still considered marital property and will be subject to division.

In contrast, separate property refers to items one spouse owned before the marriage. Personal gifts and inheritances received by one spouse (unless gifted by the other spouse) are also considered separate property and generally not subject to division.

Retirement Accounts

Retirement accounts, such as 401(k)s, IRAs, and pensions, are considered marital property if contributions were made during the marriage. Since pensions often represent a large portion of a person’s investments, they are frequently a major point of contention in high-income divorces.

Equitable Distribution

Ohio courts follow the principle of equitable distribution, meaning property is divided fairly , though not necessarily equally. This approach can complicate the division of high-value assets, especially since only some things can be easily split. Equitable distribution doesn't always mean a 50/50 division but rather what the court deems fair based on the specifics of the marriage.

In high-income divorces, spousal support may favor the lower-earning spouse. This factor can create more disputes over how to divide assets, particularly when both spouses contribute to accumulating high-value property.

Equitable Distribution Factors

Judges in Ohio consider several factors when deciding how to divide marital assets, including:

The duration of the marriage
Each spouse’s income and separate assets
Whether there are children and custody arrangements
The standard of living maintained during the marriage
The health and age of each spouse

Division of High-Value Property

Dividing property is straightforward for liquid assets like cash. However, high-value items like real estate or artwork are more difficult to split. Couples are encouraged to reach an agreement on how to handle these assets, as this can be quicker and less expensive than going to court. If no agreement is made, one spouse may keep the asset while compensating the other with an equivalent value in different assets.

Concealing High-Value Property

In some high-income divorces, one spouse may attempt to hide assets to avoid losing them in the divorce. Methods of concealing assets include underreporting income, hiding assets with third parties, or deferring raises. Hiding assets is illegal and can lead to severe penalties if discovered. If you suspect this behavior a divorce attorney who can work with financial experts to uncover hidden assets.

Hiring a law firm familiar with high-value divorce proceedings and splitting of property will significantly impact how you and your future are protected. No matter how complicated or complex your divorce might be, the Hoover Kaycon Attorneys at Law serving Akron, Cuyahoga Falls, and Fairlawn are here to answer your questions and help you through the process. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.

Understanding Step-Parent Rights in Joint Custody Arrangements

Tue, 24 Sep 2024 20:08:11 GMT

In the United States, over half of previously-married families are either remarried or recoupled, le ading to many children having step-parents. However, the rights of step-parents in shared custody situations can be complex and limited compared to biological parents. Understanding these rights is crucial for maintaining a positive relationship between biological parents, step-parents, and the children involved

Step-Parent Rights in Joint Custody Arrangements

Legal Limitations and Permissions

Medical Decisions: Step-parents cannot consent to medical treatments for their step-children without a signed consent form from at least one of the biological parents. In emergencies, step-parents can take the child to the hospital but need to obtain consent to treat from whichever parent is charged with making medical decisions. If both natural parents have medical decision-making authority, either of them could allow a step-parent to treat the child; however, a step-parent should never circumvent the rights of the biological parents to act.
Educational Access: Under the Family Educational Rights and Privacy Act (FERPA), step-parents can access school records and attend school events if the child lives with them part-time, absent a state court order to the contrary. However, it's advisable to have written consent from at least one of the biological parents. Also, step-parents should never seek to circumvent the biological parents.
Custodial and Disciplinary Participation: Step-parents may be required to follow existing custodial and disciplinary agreements set by a judge during the biological parents' divorce. Adherence to these guidelines is expected for the step-parent. If not, the court can hold the step-parent's spouse accountable for allowing a step-parent to act in an inappropriate or overreaching manner. To avoid nasty and costly legal battles, it is highly advisable that a step-parent NEVER engage in corporal punishment.

Gaining Legal Footing: The Complexities of adoption, step-parent

guardianship and visitation matters.

Adoption and Guardianship

Adoption: In most states, there are proceedings for step-parents to adopt their stepchildren if the other biological parent has abandoned the child or has failed to financially support the child. However, these scenarios do not occur often when biological parents have a shared custody arrangement since abandonment by at least one parent is the prerequisite.
Legal Guardianship: A legal guardianship grants some legal authority to a non-parent without requiring a biological parent to permanently give up the rights to their child. However, it's challenging to obtain if both biological parents are capable and involved.
Visitation Rights: Post-divorce from a biological parent, former step-parents can seek visitation rights to maintain their relationship with their former step-child, but there are complexities involved. Legal support can assist in understanding and obtaining these rights.

Seek Professional Legal Guidance

For step-parents navigating shared custody situations and/or who need assistance in understanding and exercising their roles, knowledgeable legal support is crucial. The family law experts at Hoover Kaycon Attorneys specialize in representing step-parents in all of these matters and can help ensure step-parents have smooth integration into shared custody arrangements.

With extensive experience and a track record of success, the lawyers at Hoover Kacyon, LLC are committed to helping you achieve your goals and maintain healthy family dynamics. By focusing on mediation, fair negotiations, and realistic expectations, the attorneys at Hoover Kaycon LLC can help step-parents successfully navigate the complexities of blended families.

The Akron, Fairlawn, and Cuyahoga Falls Hoover Kaycon, LLC Attorneys at Law are here to assist you with the sensitive nature of child custody cases. If you need assistance, know that we deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.

Understanding the Power of Attorney

Wed, 28 Aug 2024 20:16:13 GMT

Imagine having a trusted ally ready to manage your affairs and uphold your wishes, even when you can't—this is the power of establishing a Power of Attorney .

What is a Power of Attorney?

A Power of Attorney (POA) is a legal document that allows you to appoint someone to handle your financial, legal, or health-related matters. This appointed person, your agent or attorney-in-fact, can have broad or specific powers based on your preferences and needs.

Safeguarding Your Interests

By having a POA, you ensure your interests are protected if you cannot make decisions. Your agent can manage your finances, pay bills, and make critical financial decisions, preventing potential financial abuse and ensuring your affairs are in order.

Honoring Your Wishes

A POA ensures your wishes are respected, even if you cannot communicate them yourself. You can provide detailed instructions on end-of-life care or asset distribution, avoiding potential disputes and confusion among family members.

Avoiding Legal Hassles

Without a POA, a court might have to appoint a guardian or conservator to handle your affairs if you become incapacitated. This process can be lengthy and costly and may result in someone you do not trust making decisions for you. A POA helps you avoid this scenario by giving you control over who will act on your behalf.

Peace of Mind

A POA offers peace of mind by designating a trusted person to manage your affairs and make decisions for you. This designation alleviates stress not only for you but, your loved ones, knowing that your interests and wishes are safeguarded.

Protect Your Future

Establishing a Power of Attorney is crucial in planning for the future. It protects your interests,ensures your wishes are followed, helps avoid legal complications, and provides peace of mind for you and your family. Understanding and utilizing this essential legal tool can help you confidently navigate any uncertainties that may arise.

The Akron, Fairlawn, and Cuyahoga Falls Hoover Kaycon, LLC Attorneys at Law are dedicated to supporting our clients. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.

Co-Parenting: Getting The Balance Right

Wed, 14 Aug 2024 20:47:34 GMT

When a relationship ends, creating new parenting arrangements can be challenging. However, co-parenting effectively is crucial for the well-being of your children. Keeping parents involved in a child's life usually benefits the child, but it requires careful planning and cooperation. Here are some essential guidelines and tips to help you navigate the complexities of co-parenting.

The Importance of Co-Parenting

The primary goal of co-parenting is to ensure that children maintain healthy and safe relationships with both parents. This harmonious relationship often means making compromises and working through practical issues. For instance, you and your co-parent might want equal time with your child, but this might only sometimes be feasible due to various factors. Additionally, geographical distance between parents can complicate living arrangements, though children generally fare better when parents live close to each other.

Establishing a Co-Parenting Plan

A well-thought-out co-parenting plan is essential. This plan should clearly outline care arrangements, parental responsibilities, and the dynamics of the new parental relationship. Key elements to include are:

Visitation Schedule: Define when and how each parent will spend time with the child.
Education: Ensure both parents are involved in educational decisions and activities.
Finances: Agree on financial responsibilities for the child's upbringing.
Medical Needs: Outline how to handle medical care and emergencies.
Holidays and Special Events: Plan how to spend holidays and birthdays.
Decision-Making: Establish guidelines for resolving disputes and making joint decisions.

Backup arrangements are also crucial. Discuss contingency plans for unexpected situations, such as a child falling ill and needing to stay home from school. Communication methods, such as in-person meetings, phone calls, or emails, should be agreed upon.

Flexibility and Adaptability

Flexibility is vital in co-parenting. For example, a child starting school or participating in new activities might require adjustments in the parenting plan. Accepting different parenting styles is also important. While preferences might differ, focus on your child's health and safety rather than minor disagreements.

Promoting Positive Relationships

Encouraging your child to stay connected with their other parent helps them feel secure. Displaying family photos that include the other parent and speaking positively about their time together fosters a supportive environment. Keep the other parent updated on your child's activities and milestones through shared calendars or communication apps.

Handling Special Celebrations

Special days like holidays or birthdays can be challenging. Some parents split the day, while others alternate celebrations yearly. Creating new traditions while preserving some old ones can make these occasions enjoyable for everyone. It's essential to discuss these plans with your child and, if appropriate, include them in the decision-making process.

Coping with Emotions

Co-parenting can evoke feelings of loss and loneliness when your child is with the other parent. Use this time to focus on self-care, such as exercising, spending time with friends, or pursuing hobbies. Planning activities can help manage these emotions and provide a positive distraction.

Seeking Professional Help

If creating or adjusting a co-parenting plan proves difficult, seek assistance from family dispute resolution practitioners, mediators, or relationship counselors. Resources like The Ohio State University in-person or online courses and information found on the Center for Family Safety and Healing website can also provide valuable support.

Successful co-parenting requires patience, communication, and a willingness to adapt. Focusing on your child's needs and maintaining a cooperative relationship with your co-parent can create a nurturing and stable environment for your child to thrive in.

The Akron, Fairlawn, and Cuyahoga Falls Hoover Kaycon, LLC Attorneys at Law are here to assist you with the sensitive nature of family law cases. If you need assistance, know that we deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.

When It’s Time For The Marriage To End, What Is The Correct Path?

Mon, 05 Aug 2024 21:34:24 GMT

While no one enters a marriage with the intention of it ending, sometimes the love runs out, or you grow apart. When the time comes, do you need an annulment, a dissolution, or a divorce? Let’s examine each option more closely to give you a better idea.

Annulment

“Annulment” may be a familiar term, but it is the rarest choice as a form of separation. An annulment deems a marriage legally invalid due to issues present when the marriage was formed. Situations warranting annulments include minors entering marital contracts, lack of capacity (such as insanity or drunkenness), and cases involving fraud, mistake, or duress. Despite these grounds, annulments can be difficult to obtain because of a strong public policy favoring the preservation of marriages.

Dissolution

Dissolution of marriage is a more amicable term for the separation of spouses. Ohio pioneered No-Fault divorce laws, was the first state to enact dissolution laws. Dissolutions allow couples to settle their separation without going to court by signing a petition for relief. This process involves the parties resolving issues like spousal support, property division, and parental rights, with a judge then reviewing and finalizing the agreement, leading to a more harmonious split.

Divorce

Divorce is the most well-known method of ending a marriage and involves a judge deciding on issues like property division, child and spousal support, and custody. In Ohio, if the couple can resolve these matters out of court, the process is handled through dissolution. When couples cannot reach an agreement and require court intervention, it proceeds as a divorce. Ohio's Domestic Relations courts typically follow No-Fault grounds, with irreconcilable differences being the most common reason for divorce.

Hiring a law firm familiar with the different ways to end a marriage will significantly impact how you are protected and your future. Knowing and taking the proper steps for an annulment, dissolution, or divorce. No matter how simple or complex your division might be, the Akron, Cuyahoga Falls, and Fairlawn, Ohio, Hoover Kaycon Attorneys at Law are here to answer your questions and help you through the process.

What Should I Do If I Feel I Should Modify My Visitation Time With My Child?

Tue, 23 Jul 2024 21:24:37 GMT

Unless circumstances change from or were unknown at the time of the original order, Ohio law states (section 2. (E)(1)(a)) that no modifications will be made. In addition to those requirements, any proposed changes must be in the child's best interest. To understand what courts look for, you can refer to this list:

Child’s parents wishes regarding the child’s care;
Child’s wishes and concerns;
Child’s interaction and relationships with parents, siblings, and any other person who may greatly impact the child’s best interest;
Child’s home, school, and community adjustment;
Each involved individual’s mental and physical health;
Which parent is most likely to honor and facilitate court-appointed parenting time rights or visitation and companionship rights;
Any failed child support payments, including all arrearages, that are required of one parent to the other by the decree;
Any parent’s previous convictions of or guilty pleas to any criminal offense involving any act that resulted in a child being abused or neglected; any reason to believe that either parent has acted in a manner resulting in a child being abused or neglected;
Any continuous or willful denial of parenting time to one parent by another parent subject to a shared parenting agreement by court order;
Any parent establishing residence or planning to reside outside the custody decree’s state.

To modify your visitation agreement, seek a knowledgeable, experienced, and trustworthy child custody attorney. The Hoover Kaycon, LLC Attorneys at Law are here to assist you with the sensitive nature of child custody cases.

We are dedicated to supporting clients in Akron, Fairlawn, and Cuyahoga Falls, Ohio, who need help changing a custody agreement or navigating co-parenting terms. Hoover Kacyon, LLC, is a trusted partner in child custody legal matters, delivering results through our unwavering dedication, vast expertise, and proven track record in litigation and appeals.

Know that we deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.

Can Domestic Violence Charges Get Dropped?

Mon, 22 Jul 2024 21:20:24 GMT

Unfortunately, domestic violence is a serious concern for many families in the United States. This pattern of abuse can be physical, emotional, economic, sexual, or psychological violence in a relationship. Being accused of domestic violence can result in criminal charges. Here are the types of charges and what factors may be involved in getting domestic violence charges dropped.

Common Types of Domestic Violence

Assault and battery
Stalking
Harassment
Violation of a restraining order
False imprisonment
Kidnapping

What May Influence Charges

The severity of the abuse: Less severe cases run a greater chance of being dropped than more severe cases of domestic abuse. If the case involves significant physical injuries like a broken bone or head trauma, the prosecutor is more likely to pursue it aggressively. However, the prosecutor may consider dropping the case if it resulted in only minor injuries or was an isolated event (and the victim shows no interest in pursuing it).

Evidence available: The outcome of domestic violence charges largely depends on the strength of the evidence supporting the allegations. Prosecutors need sufficient proof to establish that abuse occurred and that the defendant was responsible. Evidence in such cases can include physical injuries, eyewitness testimonies, 911 call recordings, medical records, and visual documentation of the abuse. Strong evidence increases the likelihood of the prosecutor pursuing the case, while weak evidence may lead to the charges being reconsidered or dropped.

Abuser’s criminal history: An abuser's criminal history can significantly impact the progression of domestic violence charges. If the abuser has a record of domestic violence or other violent offenses, the prosecutor may pursue the case more aggressively to prevent future harm. Conversely, if the abuser has no prior record and the incident appears isolated, the prosecutor might consider alternative resolutions like counseling or anger management.

Victim’s willingness to testify: The victim's willingness to testify is crucial in determining whether domestic violence charges proceed, as their testimony often serves as key evidence. If the victim cooperates, the prosecutor is more likely to pursue the case, but reluctance or recantation by the victim can hinder the prosecution's efforts. Various factors may cause a victim's hesitation, such as fear of retaliation, financial dependence, or a desire to keep the family intact. While prosecutors can sometimes address these concerns, persistent refusal to testify might lead to dropping the charges.

Offender’s likelihood of reoffending: Another determining factor influencing the pursuit of domestic violence charges is the likelihood of the abuser reoffending. If the prosecutor believes the abuser is likely to commit further violence. They may pursue the case aggressively to protect the victim and community, especially if the abuser has a history of violence, shows no remorse, refuses rehabilitation, or has substance abuse or mental health issues. Conversely, suppose the abuser shows remorse, takes responsibility, and seeks help. In that case, the prosecutor might consider alternative resolutions, such as plea bargains, which could reduce charges or sentences but may not always serve the victim's best interest.

If domestic violence charges proceed, the criminal justice system will move forward with the case, resulting in the abuser's arrest and potential jail time until bail or trial. A conviction can lead to penalties such as fines, probation, counseling, restraining orders, or imprisonment and have long-term effects on employment, housing, and child custody. Due to these severe consequences, it is essential to take the charges seriously and seek help from a skilled legal professional to navigate the legal process.

Contact the attorneys at Hoover Kacyon for your domestic violence case today. We are dedicated to supporting our clients in Akron, Cuyahoga Falls, and Fairlawn, Ohio, and delivering the highest quality legal representation from a team of professionals while also providing excellent, compassionate customer service. Call us at 330-922-4491 or contact us online to make an appointment.

High Asset Divorce Mistakes To Avoid

Tue, 09 Jul 2024 21:13:10 GMT

When any marriage dissolves, dividing assets is stressful and difficult during the divorce. However, in high-asset divorces , emotional factors often make property division more complicated. This heightened level of dispute makes the process more challenging and potentially leads to regrets once the divorce is final. Unlike other issues in a divorce, when the divorce is final, so is the property distribution usually. That’s why you must get the asset division straight out of the gate. Common mistakes made by couples in high-asset divorces can further complicate the property settlement or litigation process. Let’s take a look at some of those mistakes.

Too Much Spousal Trust

High-net-worth marriages generally see one spouse managing the wealth, leaving the other spouse uninformed about the marital assets. During a divorce, the less-informed spouse may be at a disadvantage and susceptible to the other spouse's potential deceit. It is advisable to consult an attorney about hiring a financial professional to investigate unknown assets, income sources, or hidden expenditures.

Hidden Assets

During a high-asset divorce, a spouse may mistakenly believe that property not in their name or hidden can't be divided in a divorce. However, hiding or transferring assets to a third party can backfire, leading to loss of credibility and the asset itself if discovered before the divorce is final or severe penalties if discovered afterward. Concealing assets is both unethical and risky and should be avoided.

Not Using Valuation Experts

Dividing marital assets, and knowing their exact value is essential, which can be challenging, especially with difficult-to-value assets like a closely held business. Relying on rough estimates or a spouse's word for the value of their business is a common mistake. Instead, investing in a professional valuation is usually worth the cost to ensure accuracy and fairness, particularly in high-net-worth marriages

Giving In Due To Guilt

Feeling guilty about initiating a divorce, having an affair, or causing the marriage to end can lead to poor decisions during property division. Giving your spouse everything to ease your guilt is a bad idea, it won't alleviate the guilt and will leave you without the assets you deserve. Once the property is divided, you can't undo it, so avoid making decisions based on guilt.

Letting Anger Direct Demands

Trying to take revenge on your spouse during property division because they wronged you can also backfire. Seeking to "make them pay" can lead to higher legal fees and prolonged disputes, ultimately harming yourself. Ohio courts typically divide marital assets equally, so refusing a reasonable settlement won't result in you getting more assets – only a bigger headache.

Agreeing To Just Be Done

Reaching a divorce settlement can be lengthy, especially with significant assets to divide. Identifying and valuing assets is followed by potentially exhausting negotiations, which can be even more challenging in high-asset divorces. Despite the temptation to hastily agree just to end the process, it's crucial to consult your attorney to avoid regretting a desperate settlement. The divorce will end, but the property division is permanent.

Forgetting Taxes

When dividing marital property, it's important to consider not just the value of assets but their tax implications. Two assets with the same value might offer different financial benefits due to tax burdens or breaks, and improper handling of asset transfers, like retirement plans, can lead to significant tax consequences. Proper legal guidance is essential to navigate these tax considerations and ensure a fair division.

Aggressive Lawyers

In a high-asset divorce, it's crucial to have an attorney who understands the financial complexities and can negotiate effectively. Relying on an aggressive attorney often increases conflict, prolongs the process, and raises legal fees. Wealthy individuals typically prefer to negotiate fair settlements to avoid wasting resources on prolonged court battles, focusing instead on future financial planning and charitable giving.

Hiring a law firm familiar with high-asset divorce proceedings and splitting of property will significantly impact how you and your future are protected. No matter how complicated or complex your divorce might be, the Hoover Kaycon Attorneys at Law serving Akron, Cuyahoga Falls, and Fairlawn are here to answer your questions and help you through the process.

10 Tragic Mistakes to Avoid in a High-Asset Divorce

Sun, 07 Jul 2024 21:00:18 GMT

Divorces bring hurdles and emotional turmoil. High-asset divorces are a unique challenge with more at stake. High-asset divorces are usually defined as divorces with over $1,000,000 in liquid assets, substantial business or real estate ownership, substantial investment account holdings, or combined annual incomes above $750,000. With these kinds of assets on the line, these are not "run of the mill" cases and should be handled by an attorney with added experience, credentials, and experience in these matters. Attorneys with education and experience in high-asset divorce cases know the following 10 mistakes to avoid in a high-asset divorce, as listed below.

1. Rushing to the courthouse:

Absent matters of financial misconduct or secreting of assets or marital funds, opting for a private negotiation with a skilled mediator can help avoid public litigation and achieve a fair settlement, as exemplified by high-profile cases like Bill and Melinda Gates. With high-net-worth individuals, privacy is even more important, and having an attorney experienced in avoiding litigation when it best benefits a client is key. Divorce mediation and dissolution of marriage proceedings present a more cost-effective and efficient alternative that allows for greater control over settlement terms, resulting in higher satisfaction rates and reduced chances of future legal disputes. Research shows that divorcing spouses who opt for mediation and/or dissolution also report higher compliance rates and fewer post-divorce conflicts than those who go through adversarial litigation in court.

2. Entitlement During Negotiations:

Feeling like your efforts during your marriage need to be reflected in your settlement may harm the process and are contrary to Ohio law. Acknowledging the contributions of both spouses can lead to a fairer division of assets and a more amicable divorce process because Ohio statutes are clear that any assets accumulated during the marriage are considered to be the joint effort of both spouses. Because of this, it's crucial to avoid entrenched positions driven solely by a sense of entitlement to preserve the assets both parties worked hard to accumulate for the benefit of the family (and not spending it all on divorce lawyers!).

3. Poor Choice of Divorce Attorney or Law Firm:

Opting for a "one size fits all" approach in choosing your legal representation can lead to being mismatched by a more skilled opposing counsel. Whether you want to settle your case quickly and amicably or desire more aggressive litigation, you need a lawyer and legal team who know the law well and have experience in your particular court system and the specific issues that are most important to you. For example, a general practitioner will not be as intimately aware of new and emerging issues in family law as someone who focuses the entirety of their practice in this specific field.

4. Hiding or Not Disclosing Assets:

During the divorce, you'll undergo a discovery process, where you disclose all your financial details, and your spouse will be required to do the same. Hiding or failing to disclose assets can have a disastrous outcome for the person engaging in such activity, which courts call "financial misconduct. Sometimes, forensic accounts are necessary to help discover the financial misconduct of an opposing party.

5. Forgetting About Estate Planning:

Wealthy couples often allocate assets for their children's future, but during a divorce, these funds can become a point of contention. Often, these matters can be resolved with adequate estate planning during and combined with the divorce process to ensure the assets are passed down to the next generation of family members.

6. Expecting Inheritances:

For high-asset couples, assuming future inheritances during divorce negotiations can lead to significant financial complications. While one spouse may anticipate an inheritance, there are no guarantees, and basing property division or spousal support agreements on potential inheritances can prolong disputes. Discussing how inheritance or potential inheritance may come into play when divorcing with a divorce professional early on is crucial to navigating such complexities effectively.

7. Not Considering Tax Implications:

With high-asset divorces come additional worries and tax implications, such as capital gains on selling real estate or liquidating investments. These matters can significantly impact asset division. Timing your divorce filing can also affect tax liabilities, making it essential to work with a divorce professional who understands these complexities and how to best navigate them to keep as much money in your pocket as possible and out of the hands of the government.

8. Not knowing the complexities associated with child and spousal support:

Child support guidelines in the U.S. can be challenging for high-income earners or self-employed individuals due to upper-income limits and variable income components. Ohio amended its child support rules in June 2023, but the spousal support laws have not been amended in nearly twenty years. Negotiating expenses beyond basic needs like food and shelter, such as car insurance or private school, becomes essential for divorcing parents, especially in high-income families with higher extraordinary costs. Specific factors for high-earning individuals also come into play post-divorce lifestyle expectations, varied compensation structures, and employment risks unique to high-level employees. Parties in high-net-worth divorces must consider these complexities and plan for future changes to avoid future court disputes years after the divorce has been finalized.

9. Lack of Financial Planning:

Typically, one spouse in high-asset cases manages household finances and understands the costs associated with maintaining their lifestyle, while the other spouse has less knowledge of the family's finances. The other spouse must become financially informed to avoid unrealistic settlement demands and prolonged, costly divorce proceedings that hinder reaching a negotiated settlement. After divorcing, however, both parties must change their lifestyles to understand their finances and how their former spouse's finances may continue to impact theirs. Having an attorney who can help navigate financial planning and make referrals to financial planning specialists can bring added security to someone in their post-divorce era

10. Misinformed expectations:

High-net-worth couples can divorce amicably by prioritizing their children's well-being, engaging in full financial disclosure, and negotiating with mutual respect. This approach preserves wealth and leads to a peaceful resolution that benefits everyone involved. However, this is not the case for everyone. Hiring a law firm familiar with high-asset divorce proceedings and splitting of property will significantly impact how you are protected and your future. No matter how complicated or complex your divorce might be, the Hoover Kaycon Attorneys at Law serving Akron, Cuyahoga Falls, and Fairlawn are here to answer your questions and help you through the process. We promise we know much more about this than your sister's neighbor's cousin!

Advanced DUI Defense Strategies

Thu, 20 Jun 2024 22:46:33 GMT

Many charged with a DUI may feel the need to “pay their dues” or that nothing can be done in their case. But it is often possible to have reduced charges or even be able to beat your case, depending on the circumstances. Even a first-time DUI charge will result in mandatory jail time and a license suspension of 12 months to 3 years. This realization can be very discouraging if you face those charges and penalties. Let’s review some steps you can take that may ease the consequences.

Defense Strategies

It’s essential to work with an attorney who will collect and review the following:

The DUI arrest police report
The DUI arrest field sobriety testing results
Any existing dash camera videotape
Any complete logs from the breath test taken
Any complete logs from blood or urine tests taken

Dashcam videos and breath test logs tend to be the most crucial defense strategies for DUI cases.

Why are videos and breath tests important?

Police officers frequently, sometimes accidentally, overstate your test performance. If a video contradicts a statement of slurring speech, for example, that is exaggerated and can be argued against. The breath test machine can also be defective and skew results, impacting the case.

It is vital to hire someone who will do their due diligence to ensure no stone is left unturned to get you the best result possible. It could mean the difference between a fine and regaining your license or jail time plus a loss of your license and more. Which would you prefer?

If you need representation and someone to guide you through the DUI/OVI process to get the greatest outcome, contact the attorneys at Hoover Kacyon, LLC. The Akron, Fairlawn, and Cuyahoga Falls Hoover Kaycon, LLC Attorneys at Law are here to answer your questions.

Can I Avoid Probate Using a Will or a Trust?

Tue, 28 May 2024 22:02:24 GMT

The probate process can be a long and tedious ordeal. It involves taking inventory of a person’s estate, trying to determine a will’s validity, settling debts, and dividing the remaining estate between beneficiaries through the court. The probate process can take as little as nine months but can take up to a year or more, depending on the case. If the estate is worth less than $5,000 or the amount of the funeral expenses, no probate is necessary in Ohio. You can take other estate planning measures to help ease probate, too.

Will Must Pass Probate

If you have a will, it may help guarantee that your beneficiaries receive your assets ho you want them to be distributed. Even with a will, your property needs to go through probate. A will may speed up the distribution process, but it will not avoid the probate process altogether.

Establish a Trust

Holding assets in a trust can avoid probate. A trust is a legal document that gives another person or entity (trustee) the authority to make certain decisions on your behalf. Unlike a will, it can go into effect as soon as it is written, which means those assets are technically no longer part of your estate and can bypass the probate process entirely. Being a big benefit to a trust, you should consider creating one for this reason.

Other Ways to Avoid Probate

Some assets are exempt from probate. It’s a good idea to become familiar with them:

Jointly owned assets (i.e., a home in both your and your spouse’s name);
Retirement accounts;
Bank accounts payable-on-death;
Assets and securities transfer-on-death; and
Property you gift before death.

These legal resources can be great tools for every financial level, not just wealthy individuals. An estate plan is meant to provide peace of mind for all parties involved, so it’s a good idea to put one in place earlier rather than later.

While probate as a process is not bad, avoiding parts of the process can make it smoother and quicker for everyone involved. Finding an experienced and knowledgeable estate planning attorney may help you minimize the assets that must pass the probate court review before being distributed. When you’re already dealing with enough, easing your responsibilities after losing a loved one will be a welcomed relief.

The Akron, Fairlawn, and Cuyahoga Falls Hoover Kaycon, LLC Attorneys at Law are here to answer your questions and help you through the process. Our team of professionals delivers the highest-quality legal representation while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.

Can a Business Be Considered Marital Property?

Tue, 28 May 2024 21:53:59 GMT

Marriage joins more than just two people. You often join assets as well, including businesses. Understanding what that might mean when a couple decides to divorce is essential.

Difference Between Marital VS Separate Property

Identifying the differences between marital and separate property is the first step. Ohio laws state that marital property tends to be assets acquired by either partner during the marriage. The separate property would include:

Most assets owned before the marriage
Gifts or inheritance received alone during the marriage and kept separate
Assets agreed to be separate

If the business was started or acquired before the marriage, it could be partially marital or separate property. But if jointly owned after the marriage, then it will likely be considered marital property.

Business Ownership Post-Divorce Factors

While many factors determine whether a business or business assets will fall into the category of marital property, some of them are as follows:

Establishment of business: As mentioned, if started or acquired during the partnership, it will likely be categorized as marital property.

Spousal contribution: If each partner contributed to the business’s success, you could count it as marital property.

Business growth: The growth of the business value over the life of the marriage, if significant, can be marital property.

Business Interest Protection

As a business owner, one way to protect your business is to establish a prenuptial agreement . This document is a legally binding contract between both parties that specifies which assets are separate and how marital property will be divided should the marriage end. You would have the opportunity to list the business remaining as the sole property of one spouse to ensure it cannot be included in marital property during a divorce.

Hiring a law firm familiar with divorce proceedings, division of assets, and businesses will significantly impact how you are protected. No matter how complicated or complex your divorce might be, the Akron, Fairlawn, and Cuyahoga Falls Hoover Kaycon, LLC Attorneys at Law are here to answer your questions and help you through the process.

Why Have A Prenuptial Agreement Before Marrying Again?

Tue, 28 May 2024 21:43:17 GMT

When deciding to open your heart and love again after a first marriage, you may be more cautious the second time. No matter the reason for wanting to marry again – companionship, personal growth, etc. – it may be a good idea to consider a prenuptial agreement this time. Let’s look at five reasons you should have a prenuptial agreement before marrying again.

Open Communication
Being able to talk about finances openly is essential in a relationship. Creating a prenup is an excellent method for discussing assets and plans.
Protect Assets
Couples are usually interested in a prenup for asset protection. Rebuilding after a first marriage can take a lot of work, so taking precautions to ensure you won’t have to do that again would only make sense
Protect Children
A prenup can include any children from a previous marriage as an added measure for taking care of them in case this marriage dissolves. Without the prenup, your children could end up with little after your spouse’s claim of your estate.
Separate Debts
Having a prenup in place can protect you from each other’s debts. This added layer means creditors can’t chase marital or your separate assets to cover the other spouse’s debts.
Prevent Litigation
Divorce can easily become messy, drawn out, or expensive. Dividing assets escalates situations, but a prenuptial agreement outlines who gets what and eliminates much of the emotion from the equation, which can also prevent a legal battle.

Choosing a law firm well-versed in exploring or executing a prenuptial agreement can greatly impact your protection. The Akron, Fairlawn, and Cuyahoga Falls Hoover Kaycon, LLC Attorneys at Law are here to answer your questions and help you through the process.

What Penalties Can I Face for Drug Possession in Ohio?

Thu, 25 Apr 2024 22:51:46 GMT

Controlled substance charges often carry steep penalties. You may end up with significant fines or lengthy prison time. Other repercussions may include probation or substance abuse treatment, as well as regular drug testing.

Ohio Possession of a Controlled Substance

If you knowingly obtain, possess, or use a controlled substance without a prescription or other legal authorization, you can face drug possession charges. Depending on whether a drug is considered dangerous, addictive, or to have medical use dictates which of the five “schedules” it is grouped into. You categorize the most addictive as Schedule I usually. Schedule II-V is reserved for drugs that may be used for medical reasons.

Most possessions of Substance I or II will be classified as aggravated possession of drugs. The exceptions are heroin, cocaine, LSD, marijuana, fentanyl, or hashish. This type of charge usually lands as a fifth-degree felony. If convicted, you can face up to six months to a year in prison, although a first-time conviction may qualify for a reduction to probation. If you only possessed the “ bulk amount ” of a drug, then a third-degree felony charge may be on the table.A conviction would lead to a possible nine-month to three-year prison sentence. The bulk amount for one drug is not the same for another. For Schedule 1 opiates, a bulk amount is 10 grams or 25 doses, while the bulk amount of Schedule II hallucinogens is 30 grams or 10 doses.

For possession of other drugs, you can expect these charges:

Heroin- Minimum fifth-degree felony. Possessing one to five grams is a fourth-degree felony, possessing five to 10 grams is a third-degree felony, possessing 10 to 50 grams is a second-degree felony, and possessing more than 50 grams is a first-degree felony.
Cocaine- Minimum fifth-degree felony. Possessing five to 10 grams is a fourth-degree felony, possessing 10 to 20 grams is a third-degree felony, possessing 20 to 27 grams is a second-degree felony, and possessing more than 27 grams is a first-degree felony.
LSD-Minimumfifth-degree felony. Possessing 10 to 50 doses is a fourth-degree felony, possessing 50 to 250 doses is a third-degree felony, possessing 250 to 1,000 doses is a second-degree felony, and possessing more than 1,000 doses is a first-degree felony.
Marijuana- Possessing less than 100 grams is a minor misdemeanor, and you will not face a prison sentence. Possessing 100 to 200 grams is a fourth-degree misdemeanor,which can result in a prison sentence of up to 30 days following a conviction. Possessing 200 to 1,000 grams is a fifth-degree felony, possessing 1,000 to 5,000 grams is a fourth-degree felony, possessing 5,000 to 20,000 grams is a third-degree felony, and possession of more than 20,000 grams is a second-degree felony.

Any incident involving drugs or drug charges is a serious matter. The consequences can be more extensive than you may realize. Hiring an experienced attorney is essential to protecting your interests and achieving the most favorable result.

At Hoover Kacyon, LLC., our criminal defense attorneys are committed to assisting clients in Akron, Fairlawn, and Cuyahoga Falls, Ohio. We provide top-tier legal representation from a team of experts, coupled with exceptional customer service. Our objective is to secure the best possible outcome for you.

What Must You Know About a Business Valuation in Divorce Cases?

Thu, 11 Apr 2024 22:31:27 GMT

Tensions are usually high during a divorce. Adding a business can almost snap the tension.

Learn what to expect from a business valuation to remove some emotion from the equation.

How to Value a Business

Business valuators usually use one of three ways or a combination of the three ways to value a business.

Income-based approach
Asset-based approach
Market-based approach

Each of these will consider one or more of these items:

Reviewing the profit and loss statement to understand the business’ profitability
A business’ goodwill , and
Tangible and intangible business assets

Let’s break these down a little more.

Business Profitability

Profit is what remains after deducting expenses from revenue in the business. That leftover money is the profit.

If personal expenses were deducted that are only partially or nondeductible, the business valuator may add back the amounts to remove them from the expense column. This step would increase the business’ profitability and, therefore, the business owner’s income.

Business Goodwill

Goodwill is an intangible part of business that adds value to the company. Some forensic accounts may factor in pieces such as:

Customer loyalty
Business Location
Client type and amount
Business revenue
Business and owner reputation
Business longevity

Business Assets

Assets depend on the business, as some companies may include equipment and inventory. Service businesses rely more on goodwill. If the business holds real estate as a separate entity, it’s likely under an LLC (limited liability company) and and will be valued under the LLC. If the business holds property but not separately, it’ll be valued as an asset of the business.

The business may have intangible valuable assets if it owns any copyrights, trademarks, or patents. These intellectual properties can increase the company’s value. The business valuator will consider these assets.

Business Valuation Options

Spouses can try to figure out the business valuation themselves, hire a joint forensic accountant to value the business, or each spouse can hire their forensic accountant. Even if you feel

confident in your ability to figure it out yourself, it is not recommended. There is too much room for error and blame in a divorce situation. Hiring a joint forensic accountant means you both trust that professional to do the job thoroughly and objectively. Having your forensic accountants allows them to communicate any discrepancies and sort them out for the most fair and reasonable outcome.

Hiring a law firm familiar with divorce proceedings involving businesses and splitting of property will significantly impact how you are protected and your future. No matter how complicated or complex your divorce might be, the Akron, Fairlawn, and Cuyahoga Falls, Ohio Hoover Kaycon Attorneys are here to answer your questions and help you through the process.

3 Mistakes That Could Hurt Your Final Child Custody Orders

Mon, 25 Mar 2024 23:00:06 GMT

It’s easy to let emotions take control when children are involved, especially during a divorce. The last thing either of you wants to do is negotiate child custody or visitation – you are both the parents, after all. Despite this fact, you must make a decision both of you agree on or allow the courts to decide for you. If you let the emotions get the best of you, some mistakes may compromise your case.

Anger

We all know the “what you say can and will be used against you in a court of law” statement. When you feel like you’re doing what’s best for your child, it can be hard to keep that in mind. However, what you say when you’re divorcing can also be used against you. If things get heated, it’s vital to be able to step back or hold your tongue until you’re calm and collected. It’s better to be respectful than to cause reason for courts to believe your child would be better off with the co-parent.

Interference

Without a court order stating otherwise, you do not have the right to withhold the other parent from seeing their child. Should you choose to try to prevent the other parent from visitation, that could backfire on you during your case. Interfering with a parent and their child will only cause more problems in the long run.

Pawns

Placing your child in the middle of any conversations or as a go-between can happen faster than you can imagine. Putting your kids in that position can be harmful in many ways. Not only would it hurt your case in court, but it would also negatively impact your children’s mental well-being.

Divorce can be difficult, but not thinking clearly during that time can make your child custody litigation even more challenging. If you need help with a custody agreement or navigating your co-parenting terms, the attorneys at Hoover Kacyon, LLC., are dedicated to supporting our clients in Akron, Fairlawn, and Cuyahoga Falls, Ohio.

We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.

What to Know and How to Respond to Drug Charges in Fairlawn

Mon, 11 Mar 2024 22:07:33 GMT

Life sometimes takes a wrong turn. If you find yourself facing drug charges in Fairlawn, Ohio, you may not know what to do. What comes next?

Understand

Drug charges can differ greatly in Ohio, as you can see from the Ohio Laws . Factors such as how much you have, the type of drug in question, and what you’re doing with it (making, having, or selling it). The penalties can be as little as probation and as much as years in jail. Knowing your rights and which defense strategy to use for your case is vital to receive the best outcome for your situation.

Evidence

Depending on how the police gathered evidence, the information may not be admissible. They must adhere to guidelines when collecting evidence, such as having a warrant or probable cause. They must also follow a procedure when handling evidence. Should anything be left unsecured, records unmatched, or any other mishap occur when collecting and handling evidence, you can use that to your advantage.

Rights/Awareness

Were your rights protected and respected? Police must inform you of your rights. If they question you without a lawyer present after requesting one, then any statement after the request may be inadmissible. You should be aware of your rights when speaking with the police. It’s also possible you didn’t know drugs were in your possession. For instance, if you borrowed a car and didn’t know drugs were inside the vehicle, that can be used as part of your defense.

Distinctive

Because of the various factors involved, drug cases are very nuanced and unique. Your criminal defense lawyer needs to look at each angle with a fine-toothed comb. You want to find inconsistencies and any usable information to support your side of the story.

The criminal defense attorneys at Hoover Kacyon, LLC., are dedicated to supporting our Akron, Fairlawn, and Cuyahoga Falls, Ohio, clients. We deliver the highest-quality legal representation from a team of professionals while also providing excellent customer service. Getting your best possible outcome is our goal.

The Importance Of Establishing The Paternity Of Your Child

Tue, 05 Mar 2024 23:07:10 GMT

When you establis h your child's paterni ty, you legally protect everyone involved. In the eyes of the law, the father has the right to be part of the child’s life and upbringing. The mother has the right to pursue child support from the father. When you determine paternity, the child has emotional and financial support from both parents.

Location and Laws

Unmarried mothers and fathers go to juvenile court to handle paternity, custody, visitation, or child support in Ohio. Whether married or unmarried, the laws are the same. However, the location for court rulings differs if the couple is unwed.

Unmarried Mothers’ Rights

An unmarried mother is automatically granted statutory custody of her child when she gives birth. Sometimes, it may be suggested that she file for court-ordered legal custody. Taking this step can show her commitment to her role as custodial parent. Without that step, the mother and father will be treated equally in the eyes of the court should the father pursue custody.

Fathers’ Rights

If an unwed father fails to establish paternity, he has no legal rights to that child. His opinion has no sway over decisions about education, medical care, and religious upbringing. He cannot access the child's health or school records or something as simple as signing a permission slip from school. If he is seeing the child’s mother and the relationship ends, she can pick up and leave with the child without his approval.

So much hinges on being proactive, and the importance of establishing your child's paternity is undeniable. Understanding the benefits for all parties and taking each necessary step for legal protection should be a priority. Hoover Kacyon, LLC, is a trusted partner in child custody and paternity legal matters, delivering results through our unwavering dedication, vast experience,and proven track record in litigation and appeals.

The Akron, Fairlawn, and Cuyahoga Falls Hoover Kaycon, LLC Attorneys at Law are here to assist you with the sensitive nature of child custody and paternity cases. If you need assistance,know that we deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.

How Family Businesses Are Valued And Divided

Sun, 25 Feb 2024 22:22:25 GMT

A family-owned business in Fairlawn, Ohio can complicate and cause tension during divorces. The ultimate goal is to make sure it is divided fairly. To decide what is truly an equitable share, you must know the value of the business. Bear in mind that a business that existed before the marriage or was bought with nonmarital resources may not be part of the divisible assets.

How To Value Businesses

Some of the most common ways to get a business valuation are:

Fair market value
Expected future business income
Business assets

The first method compares the business to similar companies to determine its market value. The second option involves taking past income to project the revenue expected by a certain time in the future. The last means an appraiser takes all business assets minus liabilities to find a current value.

Business Fluctuation Impact

The valuation method chosen may depend on if the business has increased or decreased during the course of the marriage. The sum of what one spouse pays will be greater or less in accordance with the value method picked. If expected future business income is the valuation method, then projected higher value will increase the payment amount. If the business value decreases, then choosing the projected value would be the better option for the spouse paying.

Business Division and Considerations

Without a prenuptial agreement, dividing a business is left up to the divorcing couple or the courts to decide. The spouse who owns the business may pay marital assets equal to the value of the business, the owner may sell their share to divide the proceeds with their soon-to-be-ex, or the couple divorcing may choose to continue to jointly own the business. Should it be left to the courts to decide, they will consider:

One spouse owning the business prior to the marriage
Each spouse’s share owned
Spousal contributions from separate assets or property for business funding
Spousal contributions for business operations
Each person’s income, assets, and earning potential individually

Hiring a law firm familiar with divorce proceedings, family businesses, and splitting of property will significantly impact how you are protected. No matter how complicated or complex your divorce might be, the Akron, Fairlawn, and Cuyahoga Falls Hoover Kaycon Attorneys at Law are here to answer your questions and help you through the process.

The Importance Of Living Trusts

Tue, 13 Feb 2024 22:16:58 GMT

Using a living trust to pass your property on efficiently and privately upon your death may be helpful. While people often associate trusts with the extremely wealthy, they can be less complicated and beneficial. An Ohio living trust allows you to place your property in it for succession planning and still keep control of it for the duration of your life to use as you see fit.

How Trusts Work

A trust consists of three parties: the grantor, trustee, and beneficiary or beneficiaries. The grantor is the individual who starts and funds the trust. The trustee manages trust assets for the beneficiaries’ benefit. The beneficiaries are those who will share the trust assets after the grantor passes away. While alive, the grantor may also be the trustee managing and using the assets freely. Should the grantor want to close the trust and take back the assets, they can do so anytime. The only difference in placing assets in a living trust is the property or accounts are now in the name of the trust rather than directly to the grantor

Assets Upon Passing

Knowing that you have complete control over your assets in a living trust should be a relief as a grantor. Once you pass away, whomever you appoint as successor trustee takes over. When creating the trust, provisions will also be clear for successor beneficiaries. The successor trustee assumes responsibility for managing the trust for the successor beneficiaries as stipulated by the terms the grantor sets. If the grantor simply wants all property to pass to the beneficiaries, the trustee will pay any debts or expenses, divvy up assets accordingly, and dissolve the trust. For more detailed instructions, the trustee may manage the trust more carefully for paying certain expenses for beneficiaries, paying out specific amounts at set intervals, or a more regular basis percentage payment of assets or earnings.

Setting up a living trust gives you the ability to control the management and distribution of your assets during and after your life. Many resources are available to help you compose the necessary legal documents. Still, we recommend contacting an attorney to address all matters and potential situations properly.

What You Should Know about OVI Penalties for First-Time Offenders

Thu, 08 Feb 2024 23:15:35 GMT

A first-time offense can seem scary. That fear is mainly because you don’t know what to expect. Here's some of what you should know about OVI penalties as a first-time offender.

Financial Sanctions

For a guilty plea or first-time conviction of an OVI (operating a vehicle under the influence), you may receive a fine between the minimum of $375 and the maximum of $1075. On top of that fine, you may also be required to pay an administrative fee of $475 to reinstate your driver’s license. Should the judge order you to attend a Driver Intervention Program, in most cases, you will also be required to bear the cost of that intervention program.

Jail Time

The alcohol legal limit for an OVI offense is between .08 and .17 BAC (blood alcohol content). A conviction usually means three days in jail or three days of a Driver Intervention Program, which is a 72-hour program approved by the court for drug and/or alcohol treatment. If you are convicted and exceed the .17 BAC level or refuse a breath test with an OVI conviction within the past 20 years, the judge can order you to serve a total of six days in jail or three days of jail time and three days of a Driver Intervention Program.

Driver’s License

A first-time conviction will lead to the judge classifying a Class Five license suspension. With that Class, you’re facing a suspension of at least twelve months to up to three years. However, occupational driving privileges become available to you 15 days from the date of your arrest. As a student, these driving privileges may include driving to and from school but are dependent on Judge approval and can vary from Court to Court. For a conviction of an OVI with a BAC over. 17, the judge may have you put yellow license plates on your vehicle or install an interlock device prior to granting driving privileges.

If you need representation and someone to guide you through the OVI process to get the best possible outcome, contact the attorneys at Hoover Kacyon, LLC. The Akron, Fairlawn, and Cuyahoga Falls Hoover Kaycon, LLC Attorneys at Law are here to answer your questions.

Unhappy with the Terms of Your Divorce Decree?

Fri, 26 Jan 2024 23:22:05 GMT

Once you receive the terms of your divorce decree, you may not like everything you read. Should that be the case, you have options.

Appeal or Object

If a magistrate issued the decree, you need to file an objection before you can appeal. You have 14 days to file an objection. If a judge issued the decree, you have the right to file an appeal or a motion for relief from the judgment. You have 30 days to file your appeal.

Follow Detailed Procedure

When you appeal or object to a divorce decree, you must adhere to the specifics for either option.

With an objection, you need to write it with detailed accounts of what you believe to be errors in the decision. You also need to include the trial transcript. The court can adopt, reject, or modify the decision without a hearing based on your objections.

An appeal needs to follow appellate court rules. Each appellate court has its own rules to “perfect” an appeal, which you must strictly follow so your appeal doesn’t get dismissed. The appeal needs to have the decree attached, a docketing statement, a written order asking the clerk to provide the trial record (referred to as a “praecipe”), and a notice about praecipe in place. You must pay the filing fee when you file the documents. The court will issue a notice with deadlines to submit appellate briefs. These briefs should contain your side of the facts and arguments about what you think should be reversed. Your ex-spouse will have the same opportunity. Then, you both may present your arguments to a panel of three appellate judges.

Other Options

Even after the appeals process ends, the court may change its decision in response to your “motion for relief from judgment.” You may file this motion if:

A mutual mistake to a fact in the case happens by both parties, your rights are affected by not paying careful attention to the divorce proceeding, unexpected and unpredictable surprise occurs that you could not have protected yourself against, or excusable neglect under the situation
New evidence emerges that wouldn’t have come to light in time for a new trial
Other party’s misrepresentation, fraud, or misconduct
Any other reason justifying a decision change

You must file your motion within a reasonable time, but only up to a year post-decision filing date. There’s no time limit if the reason is “any other reason” that justifies changing the decision.

If you want to legally terminate your marriage or seek advice regarding your rights, we encourage you to contact our Akron, Cuyahoga Falls, or Fairlawn divorce attorneys at Hoover Kacyon, LLC. They are ready to assist you in scheduling an appointment to discuss the possibility of divorce (or terms of your divorce decree) and what it will entail. If you have been served with divorce papers by your spouse, acting promptly and securing legal representation is crucial.

You must meet specific court-mandated deadlines, and by contacting us at 330-922-4491 or reaching out to us online, we can swiftly arrange an initial consultation for you.

When a Loved One Dies, Who Pays the Bills?

Wed, 17 Jan 2024 14:25:33 GMT

When you’re in the depths of grief, bills are the last item you want to think about. Yet, those bills will come anyway and must be addressed sooner rather than later. Preparing so you know what to expect can alleviate some of the stress.

Responsible Party for Bills

For anyone who passes, the “estate” is responsible for any outstanding bills. If a will exists, the executor should collect property to pay debts and distribute any remaining balance to the will's beneficiaries. Ohio law states that the court will appoint an administrator to collect, pay debts, and distribute the remainder if no will is in place. This administrator is usually a family member. The administrator or executor representative will likely take care of funeral and burial arrangements. Ohio law does allow a special representative to be authorized through a document to handle the funds for the funeral and make arrangements if desired.

Estate Dries Up

If debts exceed assets, the representative can request the court to deem the estate insolvent. Creditors must reach out to the representative within six months of the death. A court hearing following that period will help the representative decide how to pay the debts accordingly. The debts will be allocated by class for the order of priority on who gets paid in full and the amount each other will receive. Once organized and paid, receipts will be submitted to the court, and the estate will be closed when the court approves everything.

Other Important Information

If no one wishes to act as a representative, a creditor may request the probate court to appoint them, or the court may choose an independent attorney or someone willing to serve.
Most non-probate property is only subject to creditors’ claims if offered as security for a loan.
The deceased’s spouse may be responsible for any joint debt like credit cards and if anyone provided necessities to be paid back like food, shelter, or health costs.

How Can I Prepare for My Future Costs?

To ensure your family is taken care of upon your death, you can buy a pre-need burial contract to cover your funeral and burial costs. Set aside enough money to pay off your debts, and purchase life insurance now at a reasonable amount. If bill payment is a concern, the policy beneficiary should be your estate. Those funds are only obligated to be used for bill payment if the beneficiary will be your estate representative or you have made arrangements with the beneficiary to pay your debts with the insurance money.

The experienced estate planning attorneys at Hoover Kacyon LLC are ready to help you plan for the future. Our will and trust lawyers can help you by drafting the estate planning documents you need to ensure that your property and assets are transferred to the people you desire and that your bills are properly tended to when you are no longer here to do so yourself.

What Is The Difference Between A DUI And An OVI?

Tue, 09 Jan 2024 14:32:10 GMT

When you choose to get behind the wheel while under the influence of alcohol or drugs, the state of Ohio has specific charges you may face. DUI, DWI, or OVI are common charges with their own implications. Let’s help you understand the difference between each.

DUI

DUI stands for Driving Under the Influence. You can be charged with a DUI if your BAC (Blood Alcohol Concentration) exceeds the legal limit of 0.08, although the term is no longer used in Ohio. While it’s normally classified as a misdemeanor, a DUI can be considered a felony when you cause:

Property damage
Injuries
Loss of life

DWI

The term DWI refers to Driving While Intoxicated or Driving While Impaired. Basically, it means the same thing as a DUI. Being charged with a DWI just means you chose to operate a vehicle while impaired by drugs or alcohol. This charge is also not used in Ohio much, if at all, anymore.

OVI

OVI means Operating a Vehicle Under the Influence. As of 2004, Ohio prefers to use this term. It adheres to the DUI standards that you can be charged with an OVI if your BAC exceeds the legal limit of 0.08 while you operate a vehicle. One of the big differences between an OVI and a DUI is that the person does not need to be actively driving the vehicle to face charges. Even if you sit in an idling or parked car while under the influence, the charges can stick.

Details

Ohio follows “implied consent,” so refusing a chemical BAC test means automatic license suspension and a mandatory fine. If you have no prior drunk driving record, then it’s possible to reduce your charge through a plea bargain to several other offenses with less restrictive penalties.

If you need representation and someone to guide you through the DUI/OVI process to get the best possible outcome, contact the attorneys at Hoover Kacyon, LLC. The Akron, Fairlawn, and Cuyahoga Falls Hoover Kaycon, LLC Attorneys at Law are here to answer your questions. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.

How To Avoid a DUI During The Holidays

Thu, 21 Dec 2023 14:54:10 GMT

As you celebrate this holiday season, imbibing in a little extra alcohol tends to follow suit. You should have fun and enjoy the festive times, but you could be in trouble if you aren’t careful. In a recent Christmas and New Year’s period, the U.S. Department of Transportation recorded 209 fatalities because of DUI-related accidents. Here are some tips on how to avoid a DUI during the holidays.

Plan Accordingly

Drinking often impairs judgment. If you prepare for instances where you will be consuming alcohol, you won’t get behind the wheel where your sobriety is questionable. Plan far enough ahead that you know who will be your designated driver and the potential timeline for the night. Should a designated driver not be possible (or reliable), have a different option like a taxi or an Uber. No one needs to miss out on any fun, but you’ll still ensure all members of the party get home safely and responsibly.

Know Limits

Your BAC level needs to remain under the legal limit. If you can, know how many drinks that equates to before you exceed your blood alcohol level. Some apps can help determine where you’re at, but they’re not foolproof. Always err on caution if you’re unsure whether or not you overindulged.

Be Responsible

If you haven’t eaten, get some food on your stomach before you pick up a drink. The food helpsslow the absorption of alcohol into your bloodstream. Eat before you go to any celebrations, and snack while you drink. Consider drinking water between alcoholic beverages as well since the alcohol dehydrates your system. While drinking games may be fun, they tend to lead to overconsumption, so perhaps stick to regular games so you can watch your alcohol intake a little more carefully.

10 Helpful Tips for Co-Parenting

Wed, 20 Dec 2023 14:44:26 GMT

When you separate and get a divorce, it can often feel like you want to cut ties completely. Having a child together takes that option away. Co-parenting becomes your new reality, and that new reality can be complicated. Take these 10 helpful tips for co-parenting to guide you through the novel territory.

Communicate

While it may be a habit to schedule things as you would any other time, informing the other parent of any more significant time commitments, such as trips, is a good idea. You can avoid conflict by showing a little consideration (which will encourage reciprocation). The other parent may schedule outings that would be helpful if shared with you, too.

Plan

When making arrangements and scheduling events or activities, it is best not to wait until the last minute. Allowing the other parent to contribute thoughts and work with you on plans will be helpful. Not everything can be planned ahead, but as much as possible will smooth out many co-parenting issues and account for being fair and sharing time well.

Compromise

Co-parenting often involves learning when to let some things go and when things are important enough to ask the other party to let go. Being flexible means you can accommodate each others’ unexpected needs. Put yourself in their shoes in certain situations.

Cooperate

A habit you don’t want to get into is trying to buy your children’s love after a divorce. It’s not a competition, so finding some common ground may be necessary. For some things, like birthdays or holidays, you could even cooperate and coordinate on a gift.

Prioritize

Despite the marriage not working out, your kids are still the most important factor. Prioritize their feelings, wishes, and best interests when considering schedules and plans. The children deserve to know both sides of their families, and both parents deserve an active role in their children’s lives.

Understand

Brace yourself. Things will be different now. Holidays may look a little different than you originally expected. Try to be more flexible and understanding as you navigate co-parenting with the other parent so you both can acclimate to the changes from the idea you had in your head at one time.

Prepare

Not only are you going through adjustments, but so are your kids. Help them with the changes by informing them of schedules and what’s happening so they aren’t surprised at the last minute. Communicate with them to ease the transition instead of feeling thrown into the mix.

Receive

Allow yourself to try new experiences. If there’s something you’ve always wanted to do, take the time your kids are at the other parent’s house to learn a new skill, pick up a hobby, or try something else. It can pass the time while the kids are away and give you a new focus away from co-parenting.

Positive

Silver linings and seeing the positive in situations can make co-parenting a little easier. Taking focus away from the negative creates a better environment for you to find a new sense of happiness from what brings you gratitude and joy. Take moments to prioritize your mental and physical health during the stressful times.

Assistance

Even if the co-parenting seems to be going well, circumstances may cause conflict. Finding a family attorney or mediator could be a good option for resolving any issues you cannot agree on otherwise. If necessary, the family attorney or mediator can take matters to the court so a judge can decide. Let those avenues be better than escalating a situation for all involved.

Hoover Kacyon, LLC, is a trusted partner in family legal matters, delivering results through our unwavering dedication, vast experience, and proven track record in litigation and appeals.

The Akron, Fairlawn, and Cuyahoga Falls Hoover Kaycon, LLC Attorneys at Law are here to assist you with the sensitive nature of family law cases.

If you need assistance, know that we deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.

How Does High Asset Divorce Differ from “Traditional” Divorce

Thu, 07 Dec 2023 15:02:55 GMT

When one or more spouses have a high net worth, the legal dissolution of the marriage would be considered a high-asset divorce. Protecting the couple’s wealth and assets becomes a unique issue to address in these types of divorces. While it may be similar in some ways, there are many ways high-asset divorce differs from “traditional” divorce.

How It’s Similar

Some of the most shared traits between a high-asset divorce and a “traditional” divorce are:

Dividing marital property fairly
Setting spousal support payments
Providing both spouses with what they’re entitled to receive

How It’s Different

One of the most obvious differences between a high-asset divorce and a “traditional” divorce is the number and value of the assets present in the case. Complex asset valuation and figuring out legal ownership come into play with high-asset divorce. Assets might be:

Real estate
Business interests
Investments
Intellectual property
Other high-financial-value items

Be aware that intangible assets may also be part of the separation amount. These intangible assets may include:

Retirement accounts (401ks or IRAs)
Stock options
Deferred compensation
Other items

Settlement negotiations also tend to be a bit more complicated in a high-asset divorce as opposed to a “traditional” divorce. Dividing high-asset wealth to fairly compensate each party takes more work due to the sheer amount involved. Having a legal team in place that understands the tax laws that may impact asset distribution is also paramount to the case. As mentioned, a high-asset divorce commonly has a team of legal and other experts like tax attorneys and financial advisors to help navigate the split properly and fairly for both soon-to-be ex-spouses.

Hiring a law firm familiar with high-asset divorce proceedings and splitting of property will significantly impact how you are protected and your future. No matter how complicated or complex your divorce might be, the Summit County, Hoover Kaycon Attorneys at Law are here to answer your questions and help you through the process. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.

FAQ About Adoption In Ohio

Wed, 06 Dec 2023 15:32:42 GMT

Congratulations! You’ve decided to adopt a child. You probably now realize that adoption can be tricky. Let us help you navigate some of the most frequently asked questions about adoption in Ohio below.

Are there any age restrictions to adopt a child?

Yes. You must be at least 18 years old to adopt a child in Ohio.

When adopting from a private agency, do you need to hire legal representation?
No, it’s not a requirement. However, having an attorney present may be in your best interest. Discuss the option with the private agency to see if you should consult a lawyer.

Do you receive tax credits or subsidies as an adoptive parent?

Yes, you do. State and federal financial assistance programs are available. Federally, parents are eligible for subsidies and tax credits for qualified adoption expenses such as adoption or attorney fees. The state of Ohio offers different Adoption Subsidy Programs , too. A grant program has also been put into place for Ohio as of April 7, 2023.

Can one attorney represent both the adoptive parents and the birthparent?

Each party should have its own attorney to ensure both the adoptive parents and the birthparent have individualized legal advice without conflicts of interest.

What are our options if the contract agreement is unfulfilled by the biological child’s adoptive (or foster) family?

Not fulfilling the terms of the agreement can create challenges for the families involved. Ohio has no legally binding agreements for openness or contact once families finalize an adoption. However, concerns about foster families can be brought to the attention of the welfare agency in charge of the child.

What rights do putative fathers have?

The Ohio Department of Job and Family Services maintains the Putative Father Registry (PFR) database. Men can register with the PFR during the pregnancy or 15 days post-delivery of a child if they believe they are the father. Registering allows them to be notified if the child is placed for adoption.

Where do families find legal support for finalizing papers?

The local community legal aid clinic may be able to provide legal assistance to low-income families looking to adopt.

What is kinship care, and what legal choices exist for families with that option?

If a child’s parents are unable or unwilling to care for them full-time in Ohio, then kinship care may be a good alternative. Depending on how much cooperation you have from the child’s parents, the legal path for kinship care may need to establish legal custody or guardianship, a relative foster care placement, or a kinship adoption.

What legal steps can a family take if they feel misled through options?

First and foremost, families should contact their attorney immediately if they feel misled about their options. Adoption fraud varies for legal remedies. Individual circumstances will direct the path to take, and acting swiftly will offer the greatest chance of a favorable outcome.

The attorneys at Hoover Kacyon, LLC understand that choosing adoption lawyers and adoption agencies is paramount to our clients. We don’t take that lightly and are prepared to assist our clients through every step of this process, wherever our clients may need us.

Make the process easier on yourself, maintain a reasonable timeline, and never miss a qualifying piece in your adoption journey by hiring an attorney. The lawyers at Hoover Kacyon, LLC., are dedicated to supporting our clients. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.

10 Questions to Ask Your Potential Lawyer

Tue, 05 Dec 2023 15:57:01 GMT

When hiring a lawyer, deciding whi ch field of law you need the legal professional’s knowledge to cover is a good idea. Whether you need a family lawyer, someone versed in estate planning, a probate attorney, or another area of expertise, that’s a great place to start. Once you’ve narrowed down the type of lawyer, you should ask potential matches questions to ensure they fit your needs well.

Think of the first meeting like an interview, and although you have a lot on your mind, try to remember to inquire about these points:

Law Practice Length

While a long career does not automatically equate to courtroom success, it acts as a great icebreaker. It does give you an idea of the knowledge they’ve acquired on the job, and you can ask deeper questions like what school they attended, where they practiced, and so forth.

Primary Area and Cases

It’s unlikely that they focus solely on one area of the law. However, they may have more experience in one area than another. You can ask them how much they’ve spent in each area, including the exact percentage devoted to the field specifically related to your case.

Typical Client

You don’t want to waste your or the attorney’s time by meeting with someone whose client base does not include the help you seek. Some represent specific types of clients, such as only landlords or solely tenants. Some lawyers only represent high-net-worth individuals. Asking can speed up the process of finding the right attorney for you.

Similar Cases and Results

Client-attorney privilege prevents any details from being provided, but you can get a good idea of their track record. How many similar cases have they handled, and were they settled out of court, or did they go to trial? You can also ask about their caseload to determine if they may be overloaded or even seem to have a deficit.

Other Legal Knowledge

Depending on your needs, having someone with other skills may suit your case. You may need assistance with intellectual properties where someone with a law degree and a background in computer science would be beneficial. Find out what each background is with potential lawyers so you can make the best decision.

Fee Policies

Money can make a difference. It’s okay to ask about their legal fee structure. What is their retainer and hourly rate? You can ask if it would be a contingency fee case and if there are payment options like a flat fee or a payment plan. If it’s a larger firm, legal assistants may be doing much of the workload, which would be at a reduced rate. Also, find out if they bill for phone calls and emails.

Legal Methods and Style

Different approaches are appropriate for different situations. If you find that your lawyer is laid-back when you need someone to take the bull by the horns, that will leave you disappointed. However, if you need someone who will roll with the punches and help maintain composure, that laid-back style may fit the bill.

Any Recommendations

Check to see if they know any non-litigation ways to resolve your case. Keeping yourself out of the court would be ideal. There could be a mediation, arbitration, or even a letter that could handle your issue.

Communication Tactics

Hiring someone who will keep you up to date with everything in your case is essential. Even if you have a case that takes a long time without much movement, you should be kept in the loop regularly. Knowing how often you can expect to hear from your attorney is essential.

Possible Outcomes

Be direct and ask what could happen with your case. The attorney should answer honestly with good and bad potential results. What possible punishments or penalties could you face, as well as best-case scenarios? They should present you with the minimum and maximum situations along with their opinion of what will happen once they review the case details.

Trust Hoover Kacyon, LLC, to be your trusted partner in legal matters, delivering results through our unwavering dedication, vast experience, and proven track record in litigation and appeals.

The Akron, Fairlawn, and Cuyahoga Falls Hoover Kaycon, LLC Attorneys at Law are here to assist you with your cases. If you need assistance, know that we deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.

Common Issues in Complex Child Custody Cases

Mon, 04 Dec 2023 15:41:33 GMT

Family law becomes the most complicated during child custody cases. Not only do family relationships come into question and scrutiny, but lives will be greatly impacted by the outcome (especially for the child or children). Courts assess each situation carefully to ensure that the resolution is in the child's best interest. Be aware of the following common issues that may arise in complex child custody cases.

Moving/Relocating

When one parent wants to relocate, this creates one of the most difficult cases to handle in child custody. In finding a good resolution, courts must consider many factors, such as distance and how that may impact that non-residential parent, and allow them to see the child in a fair agreement that benefits the child as well as both parties. For agreements already established that need to be changed by a parent intending to move, Ohio Law (section G(1)) states that they may put in an intent to relocate, and there could be a court hearing scheduled to decide what’s in the best interest of the child. The preference is for parents to try to reach a mutual agreement on this issue outside of a court, if possible.

Domestic Violence/Neglect

Any belief in domestic violence or neglect occurring is a serious matter. During a child custody case, possible abuse, neglect, or violence only increases the severity of the situation. Courts will require parents to provide extensive evidence to support their claims. Should any of the allegations be substantiated, the guilty parent may have an extremely tough time obtaining any custody or visitation time.

Temporary Orders/Violations

The nature of child custody cases can mean they will be long or drawn out over months. Due to that extended time frame, courts may need to place temporary orders for conservatorship, possession and action, or support until deciding on everything in the case. Violations of temporary custody arrangements can have detrimental ramifications in the hearing and more legal disputes.

Disabilities

Children with disabilities (physical or mental) need extra care for growth and development. This added aid could include:

Medical care
Assistance
Special education
Alternative accommodations

Parents must show a willingness to provide the additional care as well as the means available. The court will scrutinize the details of support systems and living situations to uphold the child's best interest. These are delicate and unique situations to weigh for the most beneficial outcome.

Dispute/Disagreement

Communication is key for a plethora of instances. Family law is no exception. Both parental parties should show that they can communicate, compromise, and negotiate effectively and amiably. The court favors out-of-court agreements, but understandably, sometimes the court needs to step in to help with disputes and disagreements. Once in a while, these disputes and disagreements can negatively affect how the court views each party if there is poor behavior, emotionally charged arguments, or other unpleasant actions impacted by heated interactions.

Hoover Kacyon, LLC, is a trusted partner in child custody legal matters, delivering results through our unwavering dedication, vast experience, and proven track record in litigation and appeals.

Preparing for a High-Asset Divorce

Sat, 11 Nov 2023 16:12:41 GMT

No divorce is easy, but preparing for a high-asset divorce adds an extra layer of stress when trying to split everything fairly. A high-asset divorce usually consists of liquid assets that equals $1 million or more. Ohio is an equitable distribution state, so the courts will try to make it as equal and fair as possible. Knowing what to expect can help you in preparing for a high-asset divorce.

Marital Assets

Many times, one spouse is aware of the finances in a high-asset marriage. If you are the spouse not responsible for the finances, take the steps necessary to document and make yourself aware of the joint financial situation. Begin by compiling documents and receipts, and take photos of items in your household. Taking this inventory will help when working to separate assets. Getting a business valuation done is a good idea, and hiring a financial expert to assist with properly documenting assets will also be helpful.

Hidden Assets

Although hiding assets in a divorce is illegal, many still try. A forensic accountant can help you locate assets as well as identify the origin of funds to better understand if it is joint or separate. What to look for as a sign of possibly hiding assets is a closed bank account, assets transferred to children’s names, or deferring bonuses or promotions. Inform your lawyer immediately if you suspect any hidden assets.

Mediation

It is possible to avoid court in a high-asset divorce and simply go through mediation. This route may be beneficial if you have children. Even with a complex case, you can try mediation first to see if you can resolve everything without getting a court involved. You may work through asset division, alimony, child support, and child custody via mediation, so you maintain control over those aspects. Time and money will also be saved without going to court.

Taxes

Don’t overlook the tax implications that come with splitting certain assets. Capital gains taxes will follow after selling any assets for a profit. Separating retirement accounts, real estate, and other investments will impact what you must pay in taxes post-divorce. Marital homes are a big one that can come as a surprise. You should absolutely sell it if it is unwanted or unaffordable but remember to factor in the tax difference.

Child Support

Each state has guidelines for determining child support amounts. However, they generally have a higher income limit and do not cover all financial scenarios. Courts often need to be brought in on a case-by-case basis to review the situation and decide on the child support amount after determining the income and expenses around the child or children. Alimony is similar. If both spouses are high-earners, it may not be as troublesome. When one spouse is the primary breadwinner, alimony may be a factor. The amount of alimony is usually paid in one lump sum.

Call us at 330-922-4491 or contact us online to make an appointment.

What Counts as Self-Defense in Ohio?

Mon, 30 Oct 2023 16:31:57 GMT

The use of force when acting in self-defense offers great allowances in Ohio. The laws surrounding self-defense can be confusing, however. Let’s discuss what constitutes self-defense when using force against someone.

Definition

According to Ohio law , you can use force in the form of self-defense if it is in defense of:

Yourself
Another person
Your residence

Should there be any supportive evidence that you acted in self-defense, you don’t need to prove that. The prosecution needs to prove the opposite, that you did not act in self-defense.

Your amount of defense needs to be proportionate to the harm you were afraid of receiving.

Presumption

When defending against an intruder in your home in Ohio, the law automatically presumes self-defense.

While this is usually applicable, the following scenarios do not cover the presumption of self-defense:

Whoever was in your home can legally be in your home or car by invitation or other reason.
You are not legally allowed to be in the home or car when the incident occurs.

“Stand Your Ground” Doctrine

When being attacked, your “duty” is to retreat to try not to have a violent confrontation in most circumstances. If you try or cannot retreat, you may use force to defend yourself.

However, Ohio’s “Stand Your Ground” doctrine and revised code section 2901.09 states, “For purposes of any section of the Revised Code that sets forth a criminal offense, a person has no duty to retreat before using force in self-defense, defense of another, or defense of that person's residence if that person is in a place in which the person lawfully has a right to be.”

This law used to apply strictly to your:

Residence
Business
Vehicle

The revisions now mean any public place you’re allowed to be legally. As long as the amount of defense is proportionate to the amount of harm you fear will incur without defending yourself.

The Summit County Ohio, Criminal Law Attorneys at Hoover Kacyon, LLC., pride ourselves on having experience resolving cases through litigation and settlement. We make it our utmost goal to ensure that you understand the charges against you, the potential penalties and consequences, and make an informed decision on how you would like to proceed, knowing all the facts and likely outcomes.

Having the proper representation can make or break your case, help you understand what you’re up against, and give you the best guidance every step of the way. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment

What Are My Rights if I Never Married My Child's Mother?

Thu, 26 Oct 2023 16:51:12 GMT

When you have a child out of wedlock, you may be curious about your rights. As an unmarried

father, those rights, responsibilities, and obligations may make you nervous or anxious. While

understandable, let’s prepare you for what to expect.

Automatic Rights for Mothers

The unwed mother automatically has sole physical and legal custody of the child. Until the father legally establishes paternity over that child, he has zero rights or responsibilities. Even without legal rights and responsibilities, the mother is still encouraged to allow the father to visit the child, and the father should try to provide some financial support. These actions will only help both parties in any family law cases in the future.

Establish Paternity

According to the Ohio Department of Job and Family Services, “For unmarried parents in Ohio, paternity can be established one of three ways, depending on your situation:

Both parties complete and sign an Acknowledgment of Paternity Affidavit. This form is voluntary, there is no cost to complete, and is the quickest way to establish paternity and legally recognized fatherhood.
Genetic testing followed by an administrative order establishing paternity.
A court order of paternity issued through Juvenile or Domestic Relations Court.”

Paternity is required for a court to order child support, child custody, or visitation of the child.

Once you determine the child’s paternity, the father will be able to:

Request visitation or custody to legally see the child
Pay child support until the child turns 18 or 19 through high school
Cover half of the child’s health care costs
Contribute to half of the childcare costs should the mother attend school or go to work

Paternity Benefits

The child in question benefits from establishing paternity in many ways. Emotionally, it is better for the child to know who their father is, and they can:

gain financial support from both parents
access both parents’ health records and medical history
inherit from both parents
receive Social Security or Veteran’s benefits if applicable

Hoover Kacyon, LLC, is a trusted partner in child and paternity legal matters, delivering results through our unwavering dedication, vast experience, and proven track record in litigation and appeals.

The Akron, Fairlawn, and Cuyahoga Falls Hoover Kaycon, LLC Attorneys at Law are here to assist you with the sensitive nature of paternity cases.

What Not to Do in a High-Asset Divorce

Wed, 18 Oct 2023 17:04:33 GMT

Dissolving a marriage is always a challenging process, and when it involves significant assets, the complexities multiply. A high-asset divorce carries higher stakes compared to other marital separations. In this context, it is essential to be aware of what actions to avoid during such proceedings.

Defining a High-Asset Divorce

A divorce is typically classified as high-asset when one spouse possesses assets valued at one million dollars or more. Asymmetry in asset distribution between the spouses adds another layer of complication. Managing substantial high-value properties during divorce necessitates legal representation capable of securing an equitable settlement for you.

Here are things that you should NOT do in a High-Asset Divorce:

1. Accept a Settlement For a Quick Divorce

Whatever the reason may be, rushing through your divorce is rarely a good idea. Settling too fast may result in receiving too little or paying too much. Taking a little extra time to be scrupulous ensures proper separation of assets and liabilities.

2. Not Considering Taxes

Any financial assets you are awarded will be taxed. If you are awarded property, then property tax falls on your shoulders for those. For any joint returns, you and your ex-spouse are liable for audits. Keeping track of what you’re receiving and the taxes you’ll be responsible for may prevent you from getting a worse deal than you had anticipated.

3. Hide Assets

You may feel a certain asset belongs to you or has a special meaning to you, but failing to report it to the courts will open you to accusations of hiding assets. When you choose not to disclose assets, you can face jail time. Even hiding assets unintentionally can create harsh consequences.

4. Lavish Purchases

Purposely making large, extravagant purchases may get you in trouble. You may need to pay back anything you spend trying to show you live a more lavish lifestyle that requires more alimony. On the other hand, you may be trying to reduce the amount you owe but all recent purchases will be taken into account.

5. Not Using an Experienced Lawyer

Knowing these are just a few of the hurdles that can come up during a high-asset divorce means hiring an attorney knowledgeable and comfortable with these types of cases is paramount. High-net-worth lawyers will have trusted and skilled experts who will aid in an equitable division of assets.

What To Know When Married Business Partners Divorce

Thu, 12 Oct 2023 17:30:50 GMT

Marriage entwines two lives in many ways. Property and assets are a big part of that intertwining, which is why dividing it in a divorce can be a point of contention. If you were not only life partners but business partners too, that can complicate the division of assets even further. Here are some items to consider when divorcing as married business partners.

Divisible Asset

Whatever type of business you own, a lot of hard work and dedication went into making and keeping it prosperous. It is also considered an asset. When going through a divorce, everything with a monetary value will be subject to division.

Business Origin

Whether or not you started the business together as a married couple may factor into how you split a business. If it was created prior to your marriage, then the court will take into the value at the start of your marriage and the value at the time of your divorce. Did that value increase, decrease, or remain steady? The final settlement is impacted if you used resources shared with your spouse to invest in the company. Similar considerations will be made with community benefits if a family member hands down a company. If outside investors, other business partners, or shareholders need to be factored in, then this may make the process of deciding the separation amount even more difficult.

Dividing Options

The most common method is to have one partner buy out the other partner and continue running the business. On the chance that one partner runs the day-to-day operations and the other is more of a “silent” business partner, this strategy would be a good choice. Perhaps dividing the business equally with each partner running their half would be an option. If the two of you are splitting amicably, it is also possible to run the business together, should you decide. In the event that an agreement cannot be reached, selling the business and dividing the profit will be the likely case.

Hiring a law firm familiar with divorce proceedings and dividing a business will significantly impact how you are protected. No matter how complicated or complex your divorce might be, the Akron and Cuyahoga Falls Hoover Kaycon, LLC Attorneys at Law are here to answer your questions and help you through the process.

Have You Been Charged with Endangering Children?

Thu, 12 Oct 2023 17:20:23 GMT

Child endangerment is a serious charge, and Ohio law treats it as such. Knowing what you could face if you’re accused of child endangerment as a parent, guardian, or other adult is important. The crime of child endangerment includes, but is not limited to:

physically harming or causing mental distress to a child
ignoring the health, safety, or welfare of a child
not providing adequate food and shelter for a child

You may be charged with multiple counts or offenses and could face misdemeanor or felony charges depending on the severity.

Offenses and Penalties

First-time offenders usually catch a bigger break than those who have previous convictions. You could face up to six months in jail and a $1,000 fine with nothing on your record. Any subsequent offenses within three years could result in up to one year behind bars and an increased fine of up to $2,500. Having more than two felony offenses within a five-year period means sentencing up to five years in prison and up to a $10,000 fine.

If no severe injuries have occurred, Ohio charges child endangerment as a first-degree misdemeanor. With this charge, you would be looking at up to 180 days behind bars, plus the possibility of fines of up to $1,000. Should serious physical or mental harm happen, then your charge would likely be a fourth-degree felony instead. This level of offense can cost you up to 18 months in prison and possible fines up to $5,000. Add on time and money for previous convictions of violent crimes. Mandatory counseling and community service can be additional punishments to complete your offense.

Seek legal counsel immediately to understand what you are facing and properly prepare. Allow Hoover Kacyon, LLC, to be your trusted partner in legal matters, delivering results through our unwavering dedication, vast experience, and proven track record in litigation and appeals.

The Akron and Cuyahoga Falls Hoover Kaycon, LLC Attorneys at Law are here to assist you with the sensitive nature of child endangerment cases in Northeast Ohio. If you need assistance, know that we deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.

12 Mistakes to Avoid When Divorcing After 20+ Years

Thu, 14 Sep 2023 17:45:40 GMT

Divorce disrupts your life in many ways. When you’ve been married many years, transitioning to a single-income household can deplete your savings, too. Being close to retirement means you must take steps to avoid making your life harder in the case of a dissolving union.

Assets Inventory

One partner is usually more versed in the finances than the other. Make sure you have a good understanding of bank accounts, retirement accounts, investments, life insurance, and any other assets you hold.

Keeping House

Keeping your home may seem less disruptive, but consider all the angles first. You need to be able to cover the mortgage costs plus maintenance on the property.

Know Debts

Getting a credit report can help you discover any joint payment responsibilities you may be liable for half of when you split. The report ensures you have each one accounted for without surprises during the divorce.

Tax Consequences

Remember that every decision you make during divorce proceedings has tax implications. Having that in the forefront of your mind will help dictate your decisions.

Health Insurance

If you’re on your soon-to-be ex’s health insurance, look into your options now. Another cost to ensure you can cover for yourself. Through an employer, COBRA for up to 36 months, or the Affordable Care Act, put that on your list to ensure you handle it.

Retirement Funds

Placing your portion of a retirement fund into an IRA is subject to 10% tax. Establishing a QDRO (qualified domestic relation order) can help that process, allowing a one-time withdrawal without the standard tax.

Supporting Others

Others often rely on you, whether friends, grown children, or other family members. Watch your income and protect your future as a priority so you know when you have the means to help others.

Hiding Assets

The temptation to hide assets so it looks like you have less than you do may be high, but the legal troubles this could cause would not be worth the attempt. The settlement for your spouse could increase in assets, you could receive a contempt-of-court ruling, or you could face perjury or fraud charges.

Underestimating Expenses

You may need to create or adjust your budget now that you will no longer have two incomes to pay your bills. Factor all that in so you don’t find yourself in a bind when payments are due.

Divorce Advisors

The cost of the advisors comes from the settlement you receive, so bear that in mind. Stay on top of what they are spending for you so you aren’t taken by surprise as they charge by the hour each time you consult their expertise.

Future Pension

Any part of a pension earned during a marriage is part of the assets. You can receive a share of future benefits, present or offset value, and any combination of those two may be factored into the divorce.

Professional Team

The minimum you should have is a divorce lawyer, but you are entitled to an entire team of professionals to help you through your dissolution. Check credentials and do your due diligence before hiring anyone so you have the highest quality of service possible.

Hiring a law firm familiar with divorce proceedings and splitting of property will significantly impact how you are protected. No matter how complicated or complex your divorce might be, the Akron and Cuyahoga Falls Hoover Kaycon, LLC Attorneys at Law are here to answer your questions and help you through the process. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.

What is an Appeal?

Wed, 13 Sep 2023 17:53:24 GMT

When you believe a judge has made a mistake in a case, you would ask a higher court for an appeal where the higher court judge reviews the judgment. You have an appellant (litigant who filed the appeal) and an appellee (litigant the appeal is filed against). The “record” is reviewed by the higher court to see if the lower court judge made a mistake that needs to be corrected.

Other terms for the higher court include:

court of appeals
appellate court
supreme court

Important Reminders:

Your case must have a final ruling for an appeal to be filed. As an exception during an ongoing court case, an “ interlocutory appeal ” may be filed to appeal the judge’s decision on an issue.
While you wait for the appeal process, the court order still goes into effect and must be followed unless a “stay” is granted with a filed Motion to Stay.
New evidence is not allowed for submission with an appeal to a higher court. Whatever evidence, documents, or transcripts are available from the trial court are what the higher
court will review.

What to Consider:

Time: Appeals can take up to a year to complete.
Expense: Not only will you need to pay for an expensive appellate attorney, but you’ll also have added costs of the filing fee and paying for the pricey written transcripts, which most states will not waive the fee on.
Outcome : Winning an appeal is quite challenging. You may face the same trial judge, and even if you are granted an appeal, the judge may still rule in favor of the other party during relitigation.
Toll: With a lengthy process, if the other party is your abuser, you may be drawing out the dispute or angering them further, putting your safety and emotional state in jeopardy.

Whether you're facing a contentious legal dispute that demands litigation or requires skilled representation in an appellate matter, our attorneys are well-equipped to provide you with the strategic guidance and vigorous advocacy needed to protect your interests.

Trust Hoover Kacyon, LLC, to be your trusted partner in legal matters, delivering results through our unwavering dedication, vast experience, and proven track record in litigation and appeals.

The Akron and Cuyahoga Falls Hoover Kaycon, LLC Attorneys at Law are here to assist you with criminal defense cases. If you need assistance, know that we deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.

What Should You Include in a Prenup?

Tue, 29 Aug 2023 17:57:51 GMT

Marriage is a union between two people. You don’t plan for that union to dissolve. However, nearly 40% of marriages end in divorce. The last thing you need is to have your business, pension, retirement accounts, or property put at risk because of a dissolution of a marriage. Putting a prenup in place can help you and your spouse have an extra layer of protection should you face divorce. Knowing what to include in a prenup is paramount.

Premarital Assets: Disclose any premarital assets, and outline any property that will become joint property. Since you accumulate assets during a marriage, defining what is premarital property and how to divide your marital property will help ease the divorce process.
Premarital Debts: On the other side of the coin, it’s a great idea to figure out how to deal with debts during the marriage or should a divorce happen. If one spouse is bringing debt into the relationship, you choose whether it becomes the responsibility of both parties or remains with the person who holds the debt. One spouse can protect the other from creditors in a prenup agreement as well.
Spousal Support/Alimony: No one wants to feel like the other spouse is getting the better end of the deal. In most marriages, one spouse makes more money than the other. Drawing up provisions on how much a spouse should receive can reduce tension during a divorce. Leaving it up to a judge may leave one spouse feeling like they are being taken advantage of or should receive more. Bear in mind that a judge may terminate this part of the prenup if it is considered unfair.
Financial Responsibilities: Not only should you be talking about finances prior to getting married, but how you will share those expenses and responsibilities is important. Who pays for what, and how much should you each contribute towards retirement? Including these provisions in your prenuptial agreement allows you to get on the same page.
Children from Previous Relationships: While a prenup doesn’t replace a will, you can use this document to support your wishes and protect children from previous relationships in the event of a death within the marriage. You can choose how to allocate assets to your child (or children) and your spouse so that each person will receive a fair portion of property and inheritance.
Business Earnings: If you or your spouse owns a business, write in your prenup whether the profits are separate or marital property in your prenup. This inclusion is essential, especially should your business experience significant growth. Protect yourself should you end up divorcing by determining the value of the business at the time of your marriage and stating what percentage of the business value your partner will get, as well as how you will handle the value of the business throughout the years.
Retirement Accounts: Employee 401(k) or pension contributions count as marital property. To keep this asset separate, include that information in a prenuptial agreement. If you have a hefty retirement account when entering into your marriage, that may be of particular interest to you to protect that asset should the marriage dissolve.

Choosing a law firm well-versed in exploring or executing a prenuptial agreement can greatly impact how you are protected. The Akron and Cuyahoga Falls Hoover Kaycon, LLC Attorneys at Law are here to answer your questions and help you through the process. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.

Estate Planning and Avoiding Probate

Tue, 08 Aug 2023 18:10:17 GMT

Losing a loved one is hard enough without the added stress of handling complicated finances and legal processes. However, the person’s estate must be turned in to the probate court. Probate is the legal process of reviewing and distributing a person’s estate upon death. You may want to avoid the process of probate as much as you can since it can be time-consuming, complicated, and expensive.

Avoid Probate with a Will?

Having a Will does not avoid probate. The probate judge will review the Will to see if it is valid and will properly execute it. The instructions in the will are to be carried out by the estate executor.

Ways to Avoid Probate

Hiring an Ohio estate planning attorney can help you use processes available to avoid probate, such as:

trusts
beneficiary designations
transfer or payable-on-death designations
other asset management strategies

What these processes do is minimize the assets passing through probate.

Avoid Probate with a Trust?

Using trust is one of the most common ways to avoid probate. It is a separate legal entity that owns your assets, and a trustee then manages the trust and those assets. You can still manage the assets yourself if you name yourself as the trustee of a living trust. The assets will be handled according to the terms of the trust, and the probate court will not need to review the distributions because they remain private. Private assets are not subject to public probate court oversight. There are even cases where the beneficiary of the trust (person who places assets in the trust), the trust-maker, and the trustee are the same person.

Avoid Probate in Other Ways

You can also avoid probate in Ohio through:

Joint Ownership
If you own an asset jointly with someone, that asset will automatically transfer to the other owner upon your death. The transfer will happen without needing a probate court review due to the right of survivorship. So long as you provide the correct documentation to show one owner is deceased and the sole survivor is the owner, the probate court should stay out of that asset distribution.
Payable On Death (POD)
A common designation for checking and savings accounts (and other accounts like retirement) is payable on death. Since you can do this for many accounts, you may choose a beneficiary for those financials. When the original owner passes away, the designated POD will receive those assets.
Transfer On Death (TOD)
Brokerage accounts, vehicles, and real estate can all be set with a transfer on death (TOD) designee. The asset will skip the probate court review and be transferred directly to the assigned TOD upon the original owner’s death. This affidavit works the same for real estate and vehicles to help ease the process.

The Akron and Cuyahoga Falls Hoover Kaycon, LLC Attorneys at Law are here to answer your questions and help you through the process. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.

Why You Should Hire An Attorney When You Receive An Inheritance

Tue, 25 Jul 2023 18:18:08 GMT

Administering an estate after a family member dies is known as probate. While you are not required to hire a probate attorney, it may be a good idea for you and your loved ones, who may be entitled to receive an inheritance. It can be a challenging and overwhelming process.

When someone passes away, and you believe you may be due an inheritance, consider if you may come across any of the following situations:

Disputes or Probate Litigation

The personal representative may prefer a lawyer to handle any disputes or litigation that can come up with probate. If there’s an unequal distribution of assets in a will, children disagreeing, accusations of fraud or undue influence , or any other issues, having a lawyer defend the personal representative’s actions can be very helpful. Relying on a lawyer can relieve a lot of stress from the representative and all involved.

Complex Assets or Businesses

For a complex estate, having a probate lawyer is a good idea—the more complex the assets, the more reason to get a lawyer involved. Tax or legal implications often come with business and complex asset distributions, so entrust that with a lawyer if you’re unaware of the ramifications.

Large Estate

The current federal estate tax only affects a small percentage of estates. In the future, that could change if the exemption amount reduces. A probate lawyer may be beneficial for distributing larger estates but also bring knowledge about financial and tax implications when dividing up assets of any estate.

Out-of-State Executor

Living in Ohio is not required to be named a personal representative of an Ohio estate in a will. However, managing an Ohio estate out of state may prove difficult for an executor. Hiring a probate attorney to manage the estate in your place can make it easier on you and ensure proper handling of assets.

Estate Debts

You may find that an estate has a lot of debt or even more debt than assets. What would you need a lawyer for in that case? Well, you need to figure out which debts take precedence over the others or the priority of debts. Debts with higher priority must be paid first. If a high-priority debt is overlooked and a lower-priority debt is paid first, the executor may be liable to pay the creditor who went unpaid for that higher-priority debt. Delegating that responsibility to someone qualified and experienced may save you headaches and out-of-pocket expenses.

Find out what a probate attorney can do for you and your inheritance. The Akron and Cuyahoga Falls Hoover Kaycon, LLC Attorneys at Law are here to answer your questions and help you through the process. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.

Introduction to Estate Planning

Wed, 19 Jul 2023 19:41:17 GMT

If you have an accumulation of assets throughout your life, then you have an estate. Simple. Having an end-of-life estate plan is something you should consider. Estate planning is more than allocating who gets your assets, though. Here are some important things to consider:

Your Last Will and Testament: This is likely what most people think of when estate planning is mentioned. This document designates who will receive your estate and outline any property to be authenticated in court. Without a will, the court will decide how to distribute everything. Depending on your circumstance, you may also want or need a Living Trust.

Your Powers of Attorney: What happens if something happens and you end up in a vegetative state? You need someone to make medical, financial, and legal decisions while you are incapacitated. Designating a Power of Attorney (or Powers of Attorney) will ensure affairs are handled on your behalf until you can make decisions yourself again.

Your Living Will (Advanced Directive): This sets your desires for life-sustaining treatments and other end-of-life choices to be adhered to if something happens. Document every wish clearly. Make sure they are also readily available should the need arise for responsible parties to put the information in motion.

Your Beneficiaries: Some assets have contracts associated with them that will designate a beneficiary to receive those funds. If you have a pension plan, life insurance, IRA account, or something to that effect, you choose a beneficiary when you set it up. It is helpful to coordinate your beneficiaries with any information you place in a Will, but most assets with a contract will pass to the beneficiary without regarding the content of your Will.

These documents can be cumbersome. Knowing how vital they are, you should contact an estate planning attorney to help you fill them out properly and thoroughly. The Akron and Cuyahoga Falls Hoover Kaycon, LLC Attorneys at Law are here to answer your questions and help you through the process. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.

Financial Considerations During And After Divorce

Thu, 13 Jul 2023 19:50:54 GMT

Think about all of the items you accumulate over time. Now, imagine having to sort through and split all of those items. Understanding the following financial considerations during a divorce will provide a successful transition into your future. Here are some factors to consider:

Primary Income Earner: When one spouse makes significantly less than the other or is a non-earner, the court will arrange spousal maintenance payments, also known as alimony. If children are in the picture, the spouse not given primary custody may need to make child support payments regularly. If one parent provides health insurance for the child(ren), any premiums or deductibles from medical visits may also be considered.
Dividing Primary Residence: If you wish to remain in your home, you may need to consider giving your spouse a larger distribution of another asset for an even share. Keep a record of any improvements or repairs made to the current property by jointly owned assets and determine how previously agreed upon plans for changes/fixes to the residence will be paid. The spouse who does not get to retain the property can calculate the projected realtor costs for the eventual sale of the home and subtract half from the equity.
Splitting Retirement Plans: As a general rule of thumb, retirement plans are split equally unless any funds were acquired before the union. Factoring in this particular split is important as anyone over 50 may be relying on this number for when they can retire, and sharing that asset by half may significantly impact when retirement is possible. In the event of a QDRO (Qualified Domestic Relations Order), part of the assets in an IRA or workplace plan for an ex-spouse’s retirement account will be arranged.
Understanding Social Security Benefits: When you reach retirement age, you must have been divorced for two years and stayed divorced to be eligible for spousal Social Security benefits based on your ex-spouse’s earnings. However, you must have also been married for at least ten years prior to divorcing. Plus, the amount you are eligible to receive must be larger than the benefit you would receive on your own accord.
Knowing Tax Implications: Filing status changes the year the divorce is final. You’ll need to decide on filing as single or “head of household” if you qualify. Choosing how mortgage and property taxes will be handled is also important in the year of the divorce – whether you are splitting it or if one spouse is claiming the deduction and compensating the other. Also, note if any other assets or liquidations are liable to be taxed. For child tax credits, the spouse with custody usually retains the right to claim, but the noncustodial parent can have the right transferred as well.

If you have a desire to legally terminate your marriage or seek advice regarding your rights, we encourage you to reach out to our Akron divorce attorneys at Hoover Kacyon, LLC. They are ready to assist you in scheduling an appointment to discuss the possibility of divorce and what it will entail. If you have been served with divorce papers by your spouse, acting promptly and securing legal representation is crucial. You must meet specific court-mandated deadlines, and by contacting us at 330-922-4491 or reaching out to us online , we can swiftly arrange an initial consultation for you.

Understanding Ohio DUI Laws

Thu, 13 Jul 2023 19:46:43 GMT

Driving while under the influence packs a heavy price. Thousands of lives are lost each year to those driving while intoxicated. If you’re over 21, Ohio’s legal BAC (Blood Alcohol Content) is below .08%. However, you can get an Under Age charge at as little as .02% if you’re under 21. What consequences would you be facing? Let’s take a look below:

As a Minor

Even for a first-time conviction on charges for someone under 21, you could face up to 30 days in jail, a $250 fine, and a license suspension of 90 days to 2 years. Plus, you receive 4 points against your driving record.

You could also be required to retake the driving exam, change your plate to a DUI/yellow license plate, take an 8-hour driving class, spend five days in a detention facility, receive alcohol treatment, install an ignition interlock device, remain on probation until license suspension is over, and provide proof of insurance periodically to the Ohio BMV.

Driving drunk is illegal. Drinking under the age of 21 is also against the law; this can add up to 6 months of jail time and a fine of $1,000.

As an Adult

The penalties rise with the BAC levels. If you are 21 or older, your first DUI/OVI (Driving Under the Influence/Operating a Vehicle Impaired) may come at the cost of a $500-1,000 fine, three to 180 days in jail, 6 points against your driving record, and six months to 3 years license suspension. Other requirements may be added, like mandatory alcohol treatment, installing the ignition interlock device, and probation in some cases.

You do have the right to refuse a breathalyzer test, but it will come with a license suspension for a year. It is possible to get the ability back to drive to school and work after 30 days. Know that your refusal will not prevent a conviction necessarily either.

These convictions will largely impact your future as they follow you for the rest of your life. Employers and universities can look at these records and may use that as information to accept or deny you for a job or opportunity. Insurance premiums will likely be higher as a result, too. Bear in mind that the penalties mentioned above are all the minimum charges. Other factors can significantly increase your charges and, in turn, the penalties you face.

If you need representation and someone to guide you through the DUI/OVI process to get the best possible outcome, contact the attorneys at Hoover Kacyon, LLC. The Akron and Cuyahoga Falls Hoover Kaycon, LLC Attorneys at Law are here to answer your questions. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.

How Domestic Violence Impacts a Child Custody Case

Tue, 27 Jun 2023 19:59:35 GMT

Abuse complicates lives. Domestic violence is no different. It is repetitive and incredibly destructive behavior. Involving children with this harmful behavior makes it even more difficult.

Ohio law recognizes multiple forms of domestic violence: physical, sexual, psychological, financial/economic, stalking, and threats. Both civil and criminal protection laws exist in Ohio for domestic violence victims. How would this type of abuse affect a parent's legal rights and responsibilities to care for their child or children?

Domestic violence charges may greatly impact child custody and visitation. The safety and welfare of the child is the court’s highest priority. Judges reserve the right to revoke or restrict custody and visitation for a parent if the welfare or safety is compromised. Legal and physical custody may be limited in instances of abuse, especially toward a child.

This situation can be extremely stressful, so handling each step with careful consideration and planning will be paramount. Your safety and the safety of your child or children is the primary concern. Establishing a civil protection order could allow you to remain in your home exclusively, have temporary child custody, and

be granted temporary support.

If a protection order has been granted for a spouse or child, the court will uphold that order. In cases where protection orders are in place, judges may restrict the accused abusive parent’s time more severely, if only temporarily. If there is proof of a history of abuse but a lack of a restraining order, that evidence can still warrant mandated supervised visitation.

Parents will need to file a petition to request a modification to change their custody or visitation agreement. Physical custody, or physical care and supervision of the child, may be altered if it serves the child's best interest. Ohio courts will consider any significant change in circumstances and issue a new order if necessary.

Contact the attorneys at Hoover Kacyon for your domestic violence case today. We are dedicated to supporting our clients and delivering the highest quality legal representation from a team of professionals while also providing excellent, compassionate customer service. Call us at 330-922-4491 or contact us online to make an appointment.

Facts To Know About Same-Sex Marriage

Mon, 12 Jun 2023 20:04:24 GMT

2015 marked the year that the US Supreme Court legalized gay marriage, which allowed all same-sex couples to get married across the country. Even though a constitutional amendment was made in addition to a 2004 state law banning same-sex marriage in Ohio, the US Supreme Court decision on June 26, 2015, meant Ohio had to acknowledge gay marriages and provide equal treatment to all couples.

Civil Unions

While marriages of same-sex couples need to be recognized by Ohio, civil unions do not need to be recognized by Ohio from other states. So, although Ohio does not recognize same-sex civil unions, same-sex couples may get married in Ohio and have that marriage recognized.

Tax Differences

Same-sex couples used to have to file separate state taxes, but now they can file joint state returns. Severe tax actions from property transfers upon death are now avoidable for same-sex couples. State gift tax exemptions available to married couples now also apply to same-sex spouses.

Medical Changes

Visitation privileges can no longer be denied to same-sex partners at hospitals. Fully-insured medical plans from employers can no longer exclude married same-sex partners from coverage due to religious objections. Employers must still provide benefits.

Family law cases go beyond marriage. Unfortunately, even if it seems like splitting hairs, same-sex couples face many challenges traversing family law cases. Some foreign countries, for instance, still do not allow same-sex parents-to-be to adopt. Discrimination against same-sex couples or individuals by a court or legal representation can also be a situation to handle properly.

The law firm of Hoover Kacyon, LLC has one overarching goal — to fight for your cause, protect your interests, provide reasonable and prompt resolutions to your matter, and to do it all with professionalism and honor.

When you need an understanding and caring Ohio attorney, Hoover Kacyon should be your top choice. The lawyers at Hoover Kacyon, LLC., are dedicated to supporting our clients. We deliver the highest quality legal representation from a team of professionals while also providing excellent, compassionate customer service. Call us at 330-922-4491 or contact us online to make an appointment.

The Top 8 Frequently Asked Questions about Criminal Defense

Wed, 07 Jun 2023 20:17:39 GMT

Criminal defense is a complex and important area of law that deals with representing individuals accused of committing a crime. If you find yourself in need of a criminal defense attorney or are simply curious about the field, it's natural to have questions. Let’s address the top eight frequently asked questions about criminal defense.

What’s the procedure after an arrest?
The person in question is taken into custody, to the police station, and “booked” with their information. Officers will look for any outstanding warrants or criminal history and assess whether a release of custody is in order or a bail/bond payment should be required. If authorities decide to detain you, you have the right to have a judicial official review the detention. Property may be seized as evidence. In most cases, authorities will file a criminal complaint for you to appear before the court. You also do not have to speak to the police upon arrest; you have the right to remain silent and ask for an attorney to be present during questioning.
What’s an arraignment?
An arraignment is a formal proceeding before the court in a criminal case where the charges filed against a defendant are announced. An official plea is entered by the defendant or on the defendant’s behalf. Arraignment occurs after a criminal complaint has been filed.
Will the charges be dropped if the person who filed no longer wishes to press charges?
Not always. The state or government processes criminal charges. An individual who no longer wants to testify does not immediately call for dismissal. The prosecution will look at other evidence and witnesses to see if there is sufficient reason to continue with the charges.
What’s the difference between a felony and a misdemeanor?
A misdemeanor is generally a lesser crime than a felony handled by a local Municipal Court. In Ohio law, misdemeanors are classified by “degree” from the least serious Minor Misdemeanors to the most severe First Degree Misdemeanors. A felony is much more serious than a misdemeanor, with much stricter penalties, often including prison time and high fines handled by a county Common Pleas Court. Even with the varying degrees of severity, both misdemeanors and felonies will be reflected and remain on your permanent record.
What is vacating a conviction, and how do you do it?
A conviction is vacated when a charge generally gets reinstated after being improperly obtained and petitioned to be eliminated/reserved. If it gets reinstated, it will continue to trial. Vacating a conviction is vital to an immigrant’s case, as once a conviction is vacated, the immigrant is no longer deportable. It also may impact sentencing; a sentence can be reduced if a previous conviction is vacated. Commonly, vacating a conviction happens through a motion identifying an error in the case.
What should you do if you hear of a warrant for your arrest, and can it be removed?
Review your situation with a criminal defense attorney you can trust, like Eli Heller . The main objective is clearing up what the warrant is for and how simple it will be to clear your name or address the pending criminal charge. It’s possible to remove a warrant by appearing before the court. You want to set a good strategy and start on the right foot for your best outcome.
Can Ohio criminal charges be sealed?
To a degree, yes. The records will not be expunged (removed, erased, or destroyed), but Ohio law does allow adult criminal records to be sealed. Any electronic or paper records related to your criminal charges will be kept secure and separate.

The Akron Traffic & Criminal Law Attorneys at Hoover Kacyon, LLC., pride ourselves on having experience resolving cases through both litigation and settlement.

The Akron and Cuyahoga Falls Hoover Kaycon, LLC Attorneys at Law are here to answer any further questions about criminal defense. If you need assistance, know that we deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.

Power of Attorney : Everything You Need To Know

Wed, 24 May 2023 20:25:22 GMT

It can be difficult to think about the future, let alone plan for future events. However, knowing who you may appoint to be in charge of your affairs should the need arise is an important decision to make in your life. Understanding what a Power of Attorney is and how to go about the process is vital.

A power of attorney grants another individual the authority to act on our behalf and make decisions in our place. There exist various types of powers of attorney to cater to different needs. Should you require assistance in making medical choices, we can assist in creating a health care power of attorney, empowering a trusted loved one to make those decisions for you. Alternatively, if you require support in financial matters, we can assist in preparing a financial power of attorney, granting someone the ability to write checks, pay bills, prepare tax returns, and more. As we grow older, it is common to require assistance with these aspects.

We mention in our areas of practice that a power of attorney (POA) allows another person to step into our shoes and make decisions for us. Let’s discuss four different types of POA that can be established.

General: A general power of attorney allows the agent to act broadly on behalf of the principal in the agreement. While this gives the agent the ability to do anything from signing documents to buying and selling real estate, it has limitations. If the principal suffers from mental incapacitation, the POA agreement becomes invalid.

Durable: A durable power of attorney is similar to a general POA. A provision is included so the agent may follow the principal’s instructions even in the case of mental capacity loss. Managing funds and healthcare decisions are among the duties an agent can help with. However, given the principal has no mental incapacitation, they can revoke a durable POA.

Limited or Special: As the name implies, limited or special power of attorney means the agent can only carry out the tasks listed in the POA document. When a principal is unwell or gone from their home, the appointed limited or special POA can step in for only those dictated and allowable decisions.

Springing Durable: While a springing durable power of attorney runs along the same lines as a durable POA, the major difference between the two is that the springing durable POA only takes effect when certain circumstances occur. The agent can act on behalf of the principal in the case of incapacitation. It remains active until a principal can revoke or recover the POA.

By having a power of attorney in place, you can have peace of mind, knowing that a loved one possesses the necessary authority to handle our affairs.

What Should You Do If You Have Been Charged With Robbery?

Tue, 16 May 2023 20:29:20 GMT

Robbery of any nature is classified as a felony. Whatever property is stolen, the value of that property dictates the punishment. Armed robbery, for instance, generally holds a harsher punishment, such as years in prison or extensive fees. Let’s discuss what you should do if you have been charged with robbery.

First and foremost, hire a professional. A trusted, knowledgeable attorney will help you traverse the legal waters you find yourself in once charged. While you are innocent until proven guilty, your lawyer will help you get the best possible outcome knowing that the prosecution must prove certain points beyond a reasonable doubt. Those points are as follows:

Stealing another person’s property without consent. Simply taking something from someone else’s possession forcibly legally falls under robbery. Even if the other person does not own the property in question, it is still robbing them.
Using a dangerous weapon during a robbery. Armed robbery is defined as taking another person’s property by force and without consent while using a dangerous weapon. Stealing without a weapon would be a simple robbery.
Intending to keep stolen property from a person permanently. If you take someone else’s property without permission and do not mean for them to have it back, you have committed a robbery.
Resorting to violence or intimidation during the alleged offense. Property taken without the individual’s consent is bad enough. Doing so with the intent of permanently keeping items makes the offense that much worse. Adding in violence or intimidation creates whole new issues.

Armed robbery, or aggravated robbery, can have steep consequences. Each case is unique, but the experience of a good defense lawyer will allow finer details to be covered, evidence to be sorted through, or the ability to smooth out any complications. Hiring a criminal defense lawyer will ensure you have the greatest chance of getting your case dismissed or reducing your sentence.

What Are The Types of Defenses in Criminal Law?

Thu, 11 May 2023 20:36:18 GMT

It’s rare to see federal criminal cases go to trial and those that do end in conviction often. However, the importance of a good defense could still affect the sentencing. There are three main types of defenses when criminal law is concerned.

Procedural defenses take into account technicalities. As pressure increases on the police force, mistakes will be made. Any errors give the defense grounds to get a more favorable outcome. The Fourth and Fifth Amendments are the most common reason for prosecution to crumble in cases. Without a warrant or producing the illegal item in possession cases, the evidence is inadmissible, and the case has no merit. Similarly, if rights were not read when detained (which can happen long before a suspect is in handcuffs), what is said or obtained can be argued as unlawfully gained.
Substantive is one of the most effective defenses for criminal law. In criminal law, you must prove guilt beyond a reasonable doubt. Innocent until proven guilty is a very real statement in a court of law. Many factors are involved, but unless the prosecution can submit more than circumstantial evidence (and didn’t break any procedural rules in the process), the defendant could still be found innocent. Substantive defense doesn’t even require the lawyers to do or say much if the prosecution does not have enough evidence against the suspected offender.
Affirmative is the last line of defense. These require the defendant to admit they committed the crime in question and argue justified conduct under the law. Two common examples are self-defense regarding an assault or consent in a sexual battery. The reaction must be proportionate to the threat. The burden of proof also comes into play, as a civil suit has a lower burden of proof than that of a criminal case.

The Akron Traffic & Criminal Law Attorneys at Hoover Kacyon, LLC., pride ourselves on having experience resolving cases through both litigation and settlement. We make it our utmost goal to ensure that you understand the charges against you, the potential penalties and consequences and make an informed decision as to how you would like
to proceed, knowing all of the facts and likely outcomes.

What Does a Family Law Attorney Do?

Thu, 27 Apr 2023 20:40:18 GMT

People need lawyers for many different situations. For that reason, lawyers specialize in various fields to understand the smallest nuances involved in cases. Everything from tax law to criminal law. One area that people rely heavily on is family law. Let’s discuss what a family law attorney does and why you would need one.

Family law attorneys handle all aspects surrounding families. You can turn to them for:

Divorce: When two people decide to dissolve the contract they signed marrying one another, you need someone to represent you with expertise and knowledge. The family law attorney is equipped to help you through the complex court system. You will receive a fair split of assets, property, alimony, child support, and all other considerations. When you go through so many emotions, a good family law attorney will make the process less painful and reduce the stress on your shoulders.
Pre and post-nuptial agreements: Documents that outline what each party will receive during and after the divorce may be something you want to write and agree to as a couple. While this is normally done prior to marriage, a post-nuptial agreement can now be done after you marry. Knowing what is allowable and ensuring all steps are taken correctly is vital, so having a family law attorney to help you would be wise.
Spousal support/Alimony: In Ohio , spousal support has to follow a few guidelines but is in addition to separating assets. The necessary information needs to be provided, and the judge will need accurate income, ability to work, level of joint debt accumulated, and maybe even each spouse’s conduct. The family law attorney will take over the responsibility of compiling all the details and figures to prevent any missteps.
Child custody: While figuring out the custody of a child can be muddy, difficult waters to tread, a family law attorney may relieve the situation. You may even be able to settle on terms before going to court. If no agreement can be reached, the courts will often consider who has the better relationship with the child, any criminal or drug activity involving the parents, the stability in each home, and other factors.
Child support: Ohio has a minimum monthly requirement for child support. To determine the amount owed, the family law attorney would gather information such as income reporting, child health care expenses, allowable deductions, and any hidden resources or intentional unemployment/underemployment to present to the courts.
Adoption: Although a time of great joy, adoption requires a lot of paperwork. When you allow a family law attorney to handle that legwork, you can more fully enjoy the process. Enlisting the lawyer’s help will become invaluable should anything go wrong, and they can navigate the system for the adoption to go as quickly as possible.
Abuse and neglect: If a parent should abuse or neglect a child, a family law attorney may represent either the child or the parent being accused in the incident. No matter which side of the court the family lawyer is on, they will advocate for their client in the best possible way. The sensitive nature of these cases needs to be handled with care.

Family law encompasses legal issues that affect all areas of family life. Most commonly, family law issues center around the termination of a couple’s marriage in either a divorce or dissolution proceeding or in postdivorce child custody proceedings in domestic relations court. In addition, family law encompasses child custody issues between unmarried persons, including paternity and child support, and in situations where a non-parent, such as a grandparent or other relative, seeks custody of a child.

Should you find yourself in a position where you need a family law attorney, contact us. The lawyers at Hoover Kacyon, LLC., are dedicated to supporting our clients. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.

Should I Seek a Lawyer If I Am Being Abused?

Fri, 14 Apr 2023 20:49:20 GMT

Abuse should never be overlooked. Physical abuse may be easier to identify, but emotional abuse is just as significant. The lingering effects of emotional abuse can be detrimental. Psychological and physical scars may remain as a result of abuse at an emotional level. Learn about the following laws that protect you against emotional abuse.

Emotional Abuse Criminal Laws

You’ll find states that have included emotional abuse have them classified under other abuses and have made it mandatory to report.

Domestic Abuse

While domestic violence used to be more commonplace, it is becoming more widely acknowledged and deemed unacceptable. Battered women syndrome may prevent the abused from getting help, so they may need outside assistance to break the cycle of abuse.

Stalking: Every state has stalking laws, which means you can report these incidents to law enforcement. Harassment and unwanted pursuit or contact can take a psychological and emotional toll, leaving you in fear for your own safety.
Child Abuse: In a similar vein as domestic abuse, child abuse can have an emotional twist. Child pornography and child neglect (along with other child abuse forms) cause psychological and emotional damage and are illegal.
Elder Abuse: Verbally threatening or insulting victims, neglecting or isolating the elderly, and other emotional abuse are crimes. Anyone who witnesses or suspects any of these should immediately report them, as they can have dire consequences.
Mandatory Reporting: Any instances involving children or older adults must be reported. Anyone should report abuse allegations, but especially doctors, teachers, social workers, and other professionals are obligated to report any suspected abuse.

Emotional Abuse Civil Laws

You don’t have to rely only on criminal cases to report emotional abuse. However, when it comes to civil suits, you need to base the claims on the intentional infliction of emotional distress. What this means is that someone intentionally directed an awful transgression that causes extreme emotional trauma. While these cases are difficult to prove, you must adhere to the following:

Extreme or Outrageous Behavior: This is more than just malicious, harmful, or offensive conduct; it must exceed all possible bounds of decency.
Intentional or Reckless Conduct: Rather than just being careless, the offender must show intent to cause or know that emotional distress is the likely result.
Severe Emotional Distress Due to Behavior: Often the hardest to prove, any severe and lasting emotional effects, such as persistent anxiety and paranoia or physical ailments like ulcers or headaches, could show a person suffered extreme emotional distress due to the conduct.

Abuse should always be taken seriously, and professionals are ready to help when needed. The lawyers at Hoover Kacyon, LLC., are dedicated to supporting our clients. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.

Can a Police Officer Search My Car?

Wed, 05 Apr 2023 20:55:10 GMT

Do you know when your car can and cannot be searched? While you’re free from unreasonable searches and seizures, there are some key pieces to remember when you find yourself in this position.

A police officer needs a legal reason to stop and search your vehicle. The rule of thumb is that they should present a warrant. You’ll find a slew of exceptions that allow an officer to search, such as:

No search is necessary when seizing items in “plain view”
The “plain view” doctrine is the more common method of seizing items. For example, if you are stopped, and they see an open alcohol container, they can continue investigating by searching your vehicle.
Searches performed with the consent
If you voluntarily and intelligently give your consent, no warrant is necessary for a vehicle search. In Ohio, the findings are invalid if the officer neglects to inform you of your right to refuse a search. Even if you consent and it may be considered involuntary, it could also be considered illegal.
Searches incident to a valid arrest
Should you be arrested on suspicion of drunk driving, the police may legally search your person and vehicle for evidence and a list of your belongings.
Searches for officer safety
It may not always be the case when you’re stopped, but if an officer believes you may have a weapon or are otherwise dangerous, they could do a limited search of your vehicle and pat you down. This rule extends to others in the vehicle as well. However, a driver cannot consent to a search of a passenger’s items.

Your right to privacy in your home is much greater than your right to privacy in your vehicle. Many vehicle searches begin at a traffic stop. The police officer must believe you have committed a traffic violation or you did commit one. Once an officer decides to investigate based on their observations at the stop, the search and seizure operation may start.

Contact a professional if you have been searched or had items seized and have questions about the legalities involved. The lawyers at Hoover Kacyon, LLC., are dedicated to supporting our clients. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.

Do You Understand Ohio’s, Marijuana Laws?

Wed, 29 Mar 2023 20:59:46 GMT

If you find it challenging to keep track of the rollercoaster ups and downs with the legalization of marijuana, that confusion is understandable. Under federal law, cannabis is still illegal, but many states (Ohio included) have legalized the medical use of marijuana. Some states have even legalized recreational use.

Medical marijuana is permitted when you take the proper steps in Ohio. Yet the nuances involved in complying with the legal requirements are still essential to note if you decide to put forth the necessary effort. Deciding to take a chance is probably not your best option. Let’s clear up some details below on what you can and cannot do.

Medically Legal

Ohio’s Medical Marijuana Control Program governs medical cannabis usage in the state. A qualifying medical condition is required to remain in legal compliance. Find a physician to help you enroll in the state registry to be able to purchase marijuana from state-approved dispensaries. Be aware that you may only possess a 90-day supply and not grow or garner your own cannabis.

Recreationally Illegal

Recreational use of marijuana is illegal in Ohio, but possession can still be tricky. Without a medical card, anything under 100 grams (3.5 ounces) would be a minor misdemeanor. While it won’t be on your criminal record, you would face a fine of up to $150. Once caught with over 100 grams, the quantity would dictate if you face a standard misdemeanor or a felony. If you are not an approved dispensary, all occurrences of growing marijuana are illegal and will likely result in a possession charge.

If you are facing charges, don’t count on leniency. Consult with a trusted professional to ensure your rights are protected, and you can reach the best possible outcome. The lawyers at Hoover Kacyon, LLC., are dedicated to supporting our clients. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.

Can you carry a gun in Ohio without a concealed permit?

Mon, 27 Mar 2023 21:08:49 GMT

As of June 13, 2022, the gun laws in Ohio changed to “constitutional carry” or “permitless carry.” This law means that those in Ohio don’t need to obtain a concealed handgun license (CHL) to have a handgun on their person or in their vehicle anymore. In addition, those with a CHL no longer need to carry their card while actively concealed carrying.

What requirements are still in place to possess a firearm?

Need to be at least 21 years old
Cannot be legally prohibited under state or federal law (like a convicted felon)
Not known as a “fugitive from justice”
Must pass a background check

One exception from permitless carry and those with a CHL is that those without a license may NOT drive into a school safety zone with a handgun in their vehicle. Doing so constitutes a felony under both state and federal law. Plus, entering a courthouse, school building, or even on school grounds is still prohibited.

A few other bits of information to know about the new gun laws are as follows:

When stopped by police, you are no longer required to announce that you are carrying a concealed handgun. However, if you are prompted or asked by the officer about carrying a weapon, you must answer honestly.
There is no residency requirement in Ohio’s new gun law. Whether you travel to Ohio or reside in the state, you can carry a concealed weapon without a license. If you travel outside Ohio, please know and adhere to other states’ laws.
The new Ohio gun laws apply solely to handguns. Long guns (rifles and shotguns) are not covered or applicable under the new laws.

For assistance with any gun crime or questions, contact a professional. The lawyers at Hoover Kacyon, LLC., are dedicated to supporting our clients. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.

Can a court divide your inheritance in a divorce?

Fri, 17 Mar 2023 21:14:38 GMT

Generally, a court considers property to be “marital” or “separate.” For a divorce, what this means is “marital” property would be subject to division while “separate” property would not. This part of property division during divorce is across the board for every state.

When it comes to whether or not your spouse splits your inheritance, the state in which you live does matter. In Ohio, the rules as of March 23, 2023 , will be that an equitable division of marital property (which means fair, not always equal) must happen, as well as adhering to the other parameters. The court will consider many factors to ensure a fair outcome for both spouses.

As you can see from the revised code for Ohio, inheritance is seen as separate property. While this designation tends to be how most states handle inheritance, your actions with the funds can sway it into marital property. A “transmutation of property” is intentionally taking something like an inheritance of a home and placing your spouse's name on the deed. Should a divorce occur, you will unlikely convince a court that you didn’t intend to make the house marital property.

“Comingling,” or mixing an inheritance with marital assets, is the most common way couples end up converting that inheritance into marital property. This type of conversion often happens by accident. When you’re grateful and quick to use funds, chances are you’ll deposit them into a joint account. Without even realizing it, you’ve made that inheritance marital property. You may argue that you didn’t intend it to be marital property when the time comes, but that’s a very difficult argument to win.

If your ex-spouse receives an inheritance post-divorce, there are only a couple of ways you may share those funds. Maybe you addressed it in the divorce judgment. Or, depending on the amount they inherit and laws, you get alimony or child support and petition the court to increase the monthly payment.

A prenuptial agreement may be necessary to protect each partner’s assets. Note that establishing a prenup requires you to meet stringent guidelines. Hiring someone to help you navigate those rules is essential.

For any professional assistance with property division in the event of a divorce, seek an attorney you can trust. The lawyers at Hoover Kacyon, LLC., are dedicated to supporting our clients. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 to make an appointment.

Five Things That Will Surprise You About Fertility Law

Fri, 10 Mar 2023 21:30:32 GMT

When fertility treatments become a viable option, navigating fertility laws should be the last of your concerns. Let’s shine a light on some fertility law information. Here are five things that will surprise you about fertility law.

State Fertility Laws Vary

Fertility laws vary from state to state; they are not regulated federally. For instance, some states allow surrogacy, and some forbid it. Do your research to prevent as much stress in the process as possible.

Treatment Isn’t Always Covered

Health insurance often includes maternity and newborn care. However, fertility treatments are a whole different story altogether. Right now, only 16 states have laws for infertility coverage , while five states have iatrogenic, or medically induced, infertility laws for fertility preservation. Go over your insurance with a fine-toothed comb, as each plan has its own specifics.

Establish a Written Contract

No matter the method you choose – an egg donor, a sperm donor, or a gestational or traditional surrogate – you should draw up a written contract for all parties to agree. Some key elements to include may be future contact the surrogate or donor could have with the potential child, overall goals for the pregnancy and parenting, medical decision involvement from the donor or surrogate, and donor or surrogate dietary or lifestyle restrictions. Be thorough.

Agreements Cost Time and Money

The written contract can take anywhere from 2 weeks to one month to draft. Keep in mind that you’ll want to hire a fertility law specialist to ensure all parties are on the same page. For this part of the process, expect to pay anywhere from $2000-$3000. Remember, an agreement is a vital element in the fertility journey.

Hire a Trusted Fertility Attorney

Being such an essential piece on the fertility road, legal matters need to be handled with care. Finding a fertility lawyer you trust so it can be one less stress weighing on your mind is crucial. Research, ask questions, seek out testimonials, and find your reliable, professional fertility attorney.

What Should I Do If I Have Been Served?

Wed, 01 Mar 2023 21:37:30 GMT

Picture opening the door only to be handed papers along with those dreaded words, “You’ve been served.” That situation can cause a lot of emotions to arise, but do your best not to let fear take over before taking action. Follow these steps when you’ve been served.

Review Documents: First things first, find out why you were served. Take the mystery out of the mix by opening and reading the paperwork. Even if you think you know what it’s regarding, it’s best to check all of the details within the papers you were served.
Check Dates: As you read the documents, check the dates for response time. The clock starts from the moment you receive the papers. If there’s a court date listed on the paperwork, you’ll need to make it to the proceedings, or else you’ll forfeit the case and could face legal consequences.
Notice Type: The most common notices to receive are summonses and complaints. These documents would be for divorce or lawsuits usually. There are many types of documents to be served, though. You could also be served a subpoena to be a witness in court or a writ of garnishment if you owe money for child support, where they take it out of your work wages directly.
Show Obedience: In the instance that you are served an order (the most common being a restraining order), pay attention to the requirements. They are in effect immediately. The order may require you to stay a certain distance away or have restrictions on your behavior. Follow these dictations so you don’t face any legal backlash.
Hire an Attorney: Since being handed paperwork means you face legal action, contact an attorney as soon as you can. The proper representation will ensure your interests are taken into account, and the best possible outcome can be achieved.

No matter what kind of notice you have received, you know that legal action has been brought against you and you are now involved in a legal matter. You should contact an experienced attorney right away.

What Is A Postnuptial Agreement?

Fri, 10 Feb 2023 21:44:29 GMT

As of January 1, 2023, postnuptial agreements between spouses have been allowed by Ohio law . After a couple marries, they can now enter into a contract to change legal rights and responsibilities. This postnuptial agreement is similar to a prenuptial agreement party can enter into prior to marriage.

Therefore, after a couple gets married, they can:

Modify prenuptial agreement terms
Terminate a prenuptial agreement after getting married
Make a new agreement after the marriage begins to dictate how property or finances are handled or terms around children

Couples experiencing disagreements or struggles can create a contract that divides financial or childcare responsibilities without filing a public separation document in court. Taking this action can ensure private situations remain private.

Why would clients enter a postnuptial agreement? Many reasons, such as:

Unsure of marital relationship future but want to protect themselves financially
Temporarily protect their children from their spouse due to criminal issues or mental health or substance abuse without ending their marriage
Experiencing martial problems and wanting to keep issues private and away from public scrutiny (common with high-profile clients)
Concerns with child service agencies removing children from them when issues stem from another parent
Worries about Medicaid planning or asset protection for one spouse needing long-term care needs (older clients)
Various estate planning needs
Sometimes family law considerations or probate law issues

Choosing a law firm well-versed in exploring or executing a postnuptial agreement can make a big impact on how you are protected. No matter your concern, the attorneys at Hoover Kacyon, LLC are here to assist you and recommend the best ways to utilize these newly recognized postnuptial agreements to your benefit.

With seasoned, well-credentialed, and award-winning attorneys in both family law and probate law practice groups, the attorneys of Hoover Kacyon, LLC set themselves apart by remaining on the cutting edge of legal developments, such as postnuptial agreements, for the benefit of our clients. Contact us at (330) 922-4491 to schedule an initial consultation on your postnuptial agreement issue.

10 Steps You Need To Take If You Are Charged With A Felony

Sun, 05 Feb 2023 21:16:58 GMT

Facing a felony of any kind is a serious matter. A felony conviction can bring prison time, fines, and penalties long after you serve your sentence. Starting off strong in your case will give you the best chance at avoiding harsh consequences. Follow these steps if you are charged with a felony:

Remain Silent: Deciding to invoke your fifth amendment and kindly refusing to answer any questions without a lawyer present will prevent you from incriminating yourself.
Stay Calm and Polite: Remind yourself to cooperate and be nice even if wrongfully arrested or are met with aggression. Any resistance or anger may only make you look guilty or result in additional charges.
Contact Attorney: The single most important decision you will make when facing felony charges is calling an attorney to get a professional looking at all the legal aspects for your best possible outcome.
Know Your Offense: Familiarize yourself with the crime and potential punishment associated with what you may be facing so you understand the gravity of the situation.
No Posting Bail: Speak with your attorney before a loved one posts bail so there’s time to evaluate the charges, and see if the bail should be lowered, or if you should be released without bail. Having the proper guidance from a criminal defense attorney will likely save you time, effort, and money.
Be Honest: Honesty is the best policy when relaying information to your attorney (it is confidential). The more details they know, the better equipped they will be to defend you and the more prepared they can be to provide you with the best possible results.
Avoid Talking to Family/Friends: Confidentiality rules do not extend to friends and family, so talking about the case with them should be strictly off-limits until after the case has concluded.
Write Your Version: As soon after the incident as you can, write down everything you remember of the event while it is still fresh in your mind and you can recall more accurate details.
List Witnesses: Not only do you want a list of anyone who may have seen the crime take place, but you also want to write contact information and names of anyone who could testify on your behalf as a show of your good character.
Attend Court: Make a calendar and set alarms so you don’t forget the dates and times; failure in court does not reflect well and can result in a warrant for your arrest.

If you are facing felony charges, Hoover Kacyon, LLC has attorneys ready to get you the best possible outcome.

The Hoover Kacyon, LLC. lawyers are dedicated to supporting our clients. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.

What You Need to Know About Medical Marijuana Laws in Ohio

Wed, 25 Jan 2023 22:02:41 GMT

Even though the medical marijuana program was to be fully operational by September 2018, sales didn’t begin until the start of 2019 due to regulatory red tape. This red tape has made permissions and ramifications unclear. Here are the pieces you need to know about medical marijuana laws in Ohio.

Qualifying Conditions

Patients who are prescribed medical cannabis by a doctor to treat one, or more, of 21 qualifying conditions are the only ones allowed to use medical marijuana. The 21 conditions include cancer, PTSD, traumatic brain injury, chronic or severe pain, CTE, Parkinson's, Alzheimer's, HIV / AIDS, amyotrophic lateral sclerosis, Crohn’s disease, epilepsy/seizure disorder, fibromyalgia, glaucoma, hepatitis C, inflammatory bowel disease, multiple sclerosis, sickle cell anemia, spinal cord disease or injury, Tourette’s, and ulcerative colitis...

Approved Doctor Prescriptions

State Board of Ohio-approved doctors only can recommend medical cannabis. The requirements by law for them to recommend use are having a patient-doctor relationship, reviewing patients’ past month of prescriptions, and discussing the risks and benefits of treating their conditions with marijuana.

Required Registration

To purchase, possess, and use medical marijuana, patients and caregivers must be registered with the State Board of Pharmacy. Registered patients and caregivers will receive registry cards and photo IDs that are valid for one year and are mandatory to have to buy marijuana at a licensed dispensary in Ohio.

Number Details

A 90-day supply is permitted for patients and caregivers to possess. If a patient purchases a 30-day supply on their initial trip, then the subsequent trip will be limited to a 60-day supply until 90 days after their first purchase.

Products and Use

Ohio state law permits the use of vaporized medicinal cannabis. The first dispensaries sold only dried “flowers” or buds which must be vaporized. No open-flame smoking is technically legal.

While Ohio’s medical marijuana program is still in its “start-up phase” with many areas and issues to address, medical cannabis is being sold across the state. If you find yourself in a quandary, reach out to Hoover Kacyon, LLC to help guide you through.

The Hoover Kacyon, LLC. lawyers are dedicated to supporting our clients. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.

Is Stalking a Form of Domestic Violence?

Tue, 10 Jan 2023 22:08:19 GMT

When it comes to domestic violence, you often see stalking in addition to the offense. One partner will relentlessly call, show up at places of employment or public outings, or wait outside living quarters. The threatening behavior is the focal point rather than the method used to stalk.

Let’s discuss what constitutes stalking; it’s defined as a behavioral pattern intended to cause a victim fear or apprehension. Stalking may include the following:

Harassing or threatening persistent behavior (e.g., phone calls or texts)
Following/shadowing an individual
Turn up at an individual’s home or workplace
Property vandalism
Other behavior/activity that makes an individual fear for their safety

Three common forms of stalking include:

Erotomania: A delusional obsession with someone out of the stalker’s reach, like a public figure.
Love Obsessional: Usually involving a stranger, the stalker follows someone they think they are in love with delusionally.
Simple Obsessional: The offender stalks someone they have a prior or existing personal or romantic relationship.

As it generally involves a spouse, ex, lover, boyfriend, or girlfriend, domestic violence stalking would fit into this last category.

However, states differ in their stalking laws.

To discern whether or not stalking is a form of domestic violence, you must familiarize yourself with local law. Ohio includes a “menacing by stalking” law which is when an individual knowingly engages in a pattern of conduct that causes you to believe that they will cause you physical harm or mental distress.

Know your rights and protections through the legal system, or hire the support you need to navigate your case. If you find yourself with questions, the attorneys at Hoover Kacyon are ready to help you.

Can I Move My Children Out of the State?

Mon, 09 Jan 2023 22:12:49 GMT

When parents divorce, the child custody agreement can complicate otherwise easy decisio ns. Moving is something you can usually do without needing approval or much thought. That’s not always the case after a divorce. Consider the following to know whether or not you can move your children out of the state:

Child’s Interest: First and foremost, we want to consider if moving is in the child’s best interest. If you share custody, the distance needed to travel, holidays, and time split with the other parent need to be weighed in the decision. Once you’ve factored that in, you’ll know if you want to move forward.
Primary Custody: The child will live with the primary custodial parent. Knowing how that may impact the time you have with your child is important when thinking about moving. You want to be willing to make that trip or exchange your child on designated days and times.
Custody Changes: You can request the custody agreement to be changed regarding the primary custodial parent or the visitation when wanting to relocate. After your request, the ultimate decision is up to the judge. Whether or not it’s in the child’s best interest and how it impacts the relationship will be part of the approval or denial of amendments.
Consent and Restrictions: Some states have laws you must adhere to in order to be allowed to move. In Ohio, you must receive permission from the other parent or the court to relocate. The custodial parent is often required to notify the noncustodial parent (usually in writing) of the intended relocation and the time period for this move.

If you or someone you know needs assistance through custody agreements or visitation orders, the lawyers at Hoover Kacyon, LLC are knowledgeable and able to assist you.

What's the Difference Between a Burglary and a Robbery?

Mon, 02 Jan 2023 22:17:43 GMT

It’s easy to confuse burglary and robbery as the same crime. However, there’s a major difference in penalties if convicted of one or the other. Hiring a professional defense attorney who understands the nuances will help you get the best possible outcome when facing a burglary or robbery crime. Here are some of the main differences to help you discern a burglary from a robbery:

Burglary

A burglary involves property. While it doesn’t require stolen items, intent must be proven. It’s an attempted or forced entry into a building with the intent of committing a crime. Theft is not always included in the crime, but illegal entry into a structure with the intent to commit a crime is the deciding factor for a burglary. Walking through an unlocked door may not constitute a forced entry. Allowing your defense lawyer to look through evidence and decide how to proceed may be the best course of action.

Robbery

A robbery involves a violent crime against a person. It’s attempting to take something of value from someone by the threat of force or violence which also caused the person to be afraid. Two vital components of robbery are the stolen item’s value and the victim’s level of injury. Charges of either grand theft or petty theft is determined by the value of what is taken. When an experienced attorney presents favorable evidence on your behalf, the results will likely be much better for you.

Penalties

Both crimes bring a possibility of imprisonment and fines. The degree to which you are convicted determines the amount of each.

According to findlaw.com, any conviction of burglary in Ohio can result in the following:

First-degree felony: 3 to 11 years in prison and fines not exceeding $20,000.
Second-degree felony: 2 to 8 years in prison and fines not exceeding $15,000.
Third-degree felony: 9, 12, 18, 24, 30, or 36 months in prison* and fines not exceeding$10,000.
Fourth degree felony: 6 to 18 months in prison and fines not exceeding $5,000.
Fifth degree felony: 6 to 12 months in prison and fines not exceeding $2,500.

On the other hand, a conviction of robbery in Ohio may result in any of these punishments:

First degree felony: prison term of 3 to 11 years and fines not exceeding $20,000.
Second degree felony: prison term of 2 to 8 years and fines not exceeding $15,000.
Third degree felony: prison term of 9, 12, 18, 24, 30, or 36 months and fines not exceeding $10,000.

You want a professional attorney to assure you get the best possible outcome in your case. If you or someone you know has been charged with a criminal burglary or robbery offense, the lawyers at Hoover Kacyon, LLC are both knowledgeable and able to assist you.

The lawyers at Hoover Kacyon, LLC., are dedicated to supporting our clients. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.

** https://www.findlaw.com/state/ohio-law/ohio-burglary-laws.html

** https://www.findlaw.com/state/ohio-law/ohio-robbery-laws.html

Can a Parent Stop a Child from Seeing the Other Parent?

Thu, 15 Dec 2022 22:24:47 GMT

The short answer to whether or not a parent can stop a child from seeing the other parent when the parents have separated is no.

However, that doesn’t stop parents from trying. We call this gatekeeping, and two types fall into this category.

Protective Gatekeeper

In this case, one parent has reasonable concerns grounded in facts that the other parent is jeopardizing the child's safety. This unsafe environment could be due to substance abuse, anger management issues (especially if it escalates to abuse), or lack of parenting skills. While the reasons for stopping visitation may be justified, they should be immediately brought to the court’s attention so they can be properly addressed through a custody agreement and within visitation orders.

Restrictive Gatekeeper

Preventing another parent from seeing the child in this manner is without justification. Withholding visitation is usually done out of revenge on the other parent and a lack of respect for the other parent’s role in the child’s life. A lot of communication is done out of anger and spite, so the child is purposely within earshot or is told directly. Often, the need for control results in unreasonable conditions when trying to co-parent. By asking for sole custody, you will have set a precedent to revisit later, even if denied initially, as joint custody can sometimes create a horrible situation and not be a reasonable option with this type of parent.

Note that keeping a child from another parent can backfire if you have no court orders. How?

The parent being prevented from seeing the child can ask for:

primary physical custody
required attendance to co-parenting or parenting classes
paying for any attorney fees due to unreasonable conduct by the other parent (in some states)

If you or someone you know needs assistance through custody agreements or visitation orders, the lawyers at Hoover Kacyon, LLC are knowledgeable and able to assist you.

What Are The Qualities Of A Good Criminal Defense Lawyer?

Tue, 06 Dec 2022 22:28:02 GMT

In today’s world, with the development of online Google reviews, social media, and even sites like LinkedIn, choosing a good criminal defense attorney has become much easier than before. However, it is still important for you to select a criminal defense attorney that is right for you. Consulting with several attorneys is imperative to receiving the defense you want and deserve.

Generally speaking, a good criminal defense attorney will be:

Sympathetic and compassionate: Being charged with a crime can be devastating and life change for many people. A good attorney will make you feel at ease and listen carefully to your side of the story.
Prepared: A knowledgeable attorney will be able to tell you upfront what you can expect during proceedings as well as possible outcomes and further actions.
Respect your privacy: All information you disclose is legally confidential. Your attorney should respect your right to attorney-client privilege.
Be up-to-date on current laws that affect your case: Continued education is imperative for a good defense attorney. Laws can change often, and you want an attorney knowledgeable about the most recent legislation that could affect the outcome of your case.
Be able to negotiate: You will want an attorney who is reasonable and makes every effort to ensure you receive a fair and just outcome. An overly aggressive attorney may be impossible for others to collaborate with them effectively. On the flip side, an attorney who is too passive may not be working hard enough for the most favorable outcome.

Working with an experienced attorney can mean the difference between a dismissal and a criminal record. It can mean the difference between jail time, probation, and fines or freedom. Be sure you choose an attorney who you feel comfortable with and trust. Having a good working relationship with your lawyer can greatly affect the outcome of your case.

If you or someone you know has been charged with a criminal offense, the lawyers at Hoover Kacyon, LLC are both knowledgeable and able to assist you.

Can I Drive With Prescription Medicine?

Thu, 17 Nov 2022 22:32:57 GMT

Most people can safely drive or operate machinery when taking over-the-counter or prescribed medications. However, some medicine (and even some supplements) can affect your ability to drive or operate machinery safely. If you are driving while impaired, you are putting yourself and others at risk.

In Ohio, a DUI falls under statute 4511.19 | Operating a vehicle under the influence of drugs or alcohol (OVI), and that includes any medications, whether legally prescribed by a doctor or not.

You should read all medication labels carefully. Be cautious when taking medications with side effects that include:

sleepiness
blurred vision
dizziness
slowed movement
fainting
inability to focus or pay attention
nausea

These side effects make it dangerous for you to be on the road.

Everyone is different, and medications can cause various side effects for different people. Taking multiple medications may cause interactions that taking a single medication may not cause when taken alone. You should avoid operating a vehicle or machinery until you know what side effects a particular medicine or combination of medications may cause. If you have questions, talk to your doctor or pharmacist.

A DUI/OVI is a serious offense. A conviction can result in the suspension of your license. You can be sentenced to fines or even jail time. Your employment and ability to obtain insurance may be affected. When possible, find alternative options for transportation or utilize delivery services.

If you have recently been charged with a DUI or OVI and need immediate legal representation in the Akron, Canton, or Summit county area, contact our office to schedule an initial consultation. Our Akron criminal and traffic law attorneys will work with you to address your specific situation and come to the best possible resolution for your criminal or traffic allegation. Please call our office at 330-922-4491 or fill out our contact form .

Best Co-parenting Tips For The Holidays

Wed, 09 Nov 2022 22:36:29 GMT

Divorce or separation is often difficult for children, especially during holidays. Changes in traditions and overall family structure are particularly evident and can be emotionally overwhelming for immature minds already trying to process so many things. Therefore, separated parents need to focus on positive experiences during the holidays.

Typically most divorced families split holidays and vacation time between parents or agree to alternating years or holidays. Still, there are plenty of other options for ensuring your family gets through the holidays with less stress.

If geography isn’t an issue, consider a schedule where children spend Christmas Eve with one parent and Christmas Day with the other. You will need to agree on a timeframe that defines this schedule, but the benefit is there is no rotating requirement with this type of schedule, and both children and parents still get to spend time together for the holidays.
Try to spend some holiday time together. This option may not be practical for all divorced couples, but if you and your ex are on amicable terms, spending even a few hours together as a complete family unit can provide a sense of familiarity and relieve some stress for your children. Obviously, this is not a good option for co-parents who can’t get along. If this situation is likely to cause arguments or other disruptive behavior, it should be avoided as it is likely to have the opposite desired effect.
Communicate any travel plans with as much advanced notice as possible. This will give everyone time to discuss and make arrangements for the holiday schedule. If you are a parent who will be without the children, it may give you time to plan some special pre-holiday activities so that you can enjoy holiday time with your children. If children will be away, try and include phone calls or zoom/skype calls with the absent parent on Christmas Eve and Christmas Day.
In cases where the distance between parents is a factor, it may be more practical to consider splitting or alternating entire Christmas breaks so that each parent gets to spend an extended period of time with their children during the holidays.

Divorce can make navigating the holidays difficult and stressful, especially for children; discussing these scenarios and establishing a holiday custody schedule that works for both parties is essential.

If you need help with a custody agreement or navigating your co-parenting terms, the lawyers at Hoover Kacyon, LLC., are dedicated to supporting our clients. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.

Should I Refuse a Breathalyzer Test?

Fri, 28 Oct 2022 22:41:04 GMT

Being scared, nervous, or stressed is not uncommon if you’ve just been pulled over for a

DUI/OVI. Your mind may be racing, and you want to be compliant, but in doing so, you may be doing yourself a disservice. Knowing your rights and what you should and shouldn’t do is essential before facing this situation.

In Ohio, a DUI is called an OVI (Operating a Vehicle Under the Influence). An OVI arrest begins with a law enforcement officer's initial traffic stop or another initial contact. The officer will immediately begin observation to determine if there is suspicion of intoxication, including:

assessing your physical appearance
engaging in conversation to evaluate your speech
identifying other behavioral information such as where you are coming from and if you have been drinking

It is important to remember you have the right to, and should, remain silent. You are not required to answer any questions, with the exception of providing your name and identification to the officer.

An investigation by the officer begins with initial contact, but if you are asked to perform a series of roadside tests, you are officially being investigated for a DUI. Again, it is essential to comply with the officer’s request to step outside the vehicle, but it is within your rights to refuse any field sobriety test, including a breathalyzer. There are reasons to decline the breath alcohol test. The roadside test administered with a portable breath test (PBT) is frequently unreliable. As such, it is not admissible in court. Refusing any testing prevents law enforcement from gathering additional evidence that could be used against you during court proceedings. However, refusing a breath test will result in a mandatory administrative license suspension (usually one year) from the BMV. It is also very likely that you will be arrested for Suspicion of DUI/OVI.

If you have been arrested, you should continue to exercise your right to remain silent and contact an attorney as soon as possible. A DUI conviction on your record can have an enduring negative impact on your life. It could result in jail time, fines, or the loss of your job.

Contact our office to schedule an initial consultation if you have recently been charged with a DUI or OVI and need immediate legal representation in the Akron, Canton, or Summit county area. Our Akron criminal and traffic law attorneys will work with you to address your specific situation and come to the best possible resolution for your criminal or traffic allegation. Please call our office at 330-922-4491 or fill out our contact form .

Why Should I Contact an Attorney if a Parenting Agreement Isn’t Working?

Wed, 12 Oct 2022 22:46:08 GMT

There are many reasons why the original terms of a parenting agreement may no longer be working. Even if both parents agree that modifications need to be made, having a documented, legally enforceable agreement is vital for everyone involved.

Parenting agreements, by nature, are often not easy situations. The situation can be even more frustrating when dealing with a co-parent who doesn’t comply with the orders of the parenting agreement. It’s important to remember that you have rights as part of that agreement. After all, a parenting order is in place to protect your rights as a parent, but more importantly, it is to protect your children. Violating a court order is a serious matter and has consequences. However, there are a few things to keep in mind when dealing with a co-parent who fails to comply with the court’s orders.

DON’T

Use your children as the middleman
Ignore the situation
Make verbal agreements with the co-parent

DO:

Control your own emotions and behavior
Minimize direct contact with the other parent
Keep a record of all violations

Your attorney will be able to advise you about what next steps you need to take and ensure the best outcome for your children. If you and the co-parent agree that modifications need to be made and can reach agreeable terms, you may need to simply request an amendment to the terms and conditions of your custody agreement. However, suppose your situation involves a difficult co-parent. In that case, you may need to notify the court of the co-parent’s failure to comply with the parenting agreement to begin proceedings to modify the parenting agreement.

Due to the sensitive nature and complexities involved in custody proceedings, it is advisable to consult a child custody attorney in any case. The input provided by an objective and experienced attorney will help ensure the best outcome for the child.

Know Your Rights When Approached By The Police

Wed, 05 Oct 2022 22:53:32 GMT

Most of us, at some time in our lives, will interact with law enforcement. In a stressful situation, people can react in ways they normally wouldn’t. Simply engaging with a law enforcement officer can be anxiety-inducing for some people. Therefore it’s important to know your rights before finding yourself in a situation where contact with law enforcement is inevitable. Knowing your rights can help you remain calm and possibly prevent the situation from escalating.

You have the right to remain silent.
In any situation where you have been contacted by law enforcement, you are not required to answer any questions, with the exception of providing your name and identification to an officer. However, If you choose to answer questions, you should not lie or give false information.
You have the right to refuse consent to search of your person or belongings.
Whether you have been pulled over or the police have come to your door, you are not obligated to give consent for them to enter your home or your vehicle. They may perform a pat-down if they suspect you are concealing a weapon. It is important to keep in mind that you or your vehicle may still be searched against your objections, and you should not interfere with a search. However, stating your objection may help preserve your rights in any further legal proceedings.
Your rights
If you are arrested, you have the right to speak with an attorney, either court-appointed or hired privately. If you believe your rights have been violated, you should immediately write down what details you can remember and document any evidence of injury. You may consider filing a complaint with the agency’s oversight division or consult with an attorney to determine what further action to take.
If you witness police abuse or brutality, you should stand at a safe distance from the situation.
Record the interaction with your phone. Remember that law enforcement may not ask you to stop recording, may not confiscate your phone, and may not remove photos or video from your phone without your authorization.

If your encounter with law enforcement results in your arrest or if you feel an encounter violates your rights, contact the lawyers at Hoover Kacyon, LLC. We are dedicated to supporting our clients. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Getting the best possible outcome is our goal.

What Is a Probate Lawyer?

Wed, 28 Sep 2022 22:58:03 GMT

Probate is the legal process in which an estate is settled. A probate lawyer is an attorney who assists the executor of a will or the beneficiaries of a deceased person’s estate in settling the estate. A probate lawyer can even be designated as the executor or administrator of an estate.

In Ohio, the probate process timeline typically follows these steps:

The person named as the executor of the will takes charge of administering the terms of the will. If the person named as executor is unwilling or unable to serve as an executor, or if no will exists, a court will appoint an administrator. Nearly always, a surviving spouse is considered first as being appointed administrator.
The court will issue a “Letter of Authority” granting the administrator or executor authority to manage the estate.
The executor/administrator will then need to:

Provide proof that the deceased person’s will is valid
Take inventory of and protect the deceased person’s assets
Have an appraisal of the assets conducted
Pay all debts and taxes owed by the deceased person from any estate proceeds
Distribute property as directed by the will, or if no will exists at the direction of the court
Keep detailed records of all estate transactions

The death of a loved one can often be an emotional and stressful time. Even simple probate proceedings can take up to nine months to settle. It can take even longer if:

it is a larger estate
federal taxes are owed
another party contests the validity of the will

A probate attorney can assist an executor or administrator with ensuring that settling the estate is carried out properly.

If a will or probate proceedings have you feeling confused or overwhelmed, the lawyers at Hoover Kacyon, LLC., are ready to help. We are dedicated to supporting our clients and delivering the highest quality legal representation from a team of professionals while also providing excellent customer service.

If you need to retain an attorney immediately, as there are court-required deadlines to meet, call us at 330-922-4491 or contact us online to schedule you for initial consultation right away.

Most Common Types of Personal Injury Cases

Tue, 27 Sep 2022 23:03:15 GMT

A personal injury case is a lawsuit in which a person claims injury or harm arising from the actions of another, either because of negligence or misconduct. An injury does not need to be physical; a claimant may allege the harm was emotional or damaging to their reputation.

Personal injury does not necessarily mean that there was criminal negligence. While criminal charges may be filed separately, personal injury cases are considered civil cases and most often involve monetary compensation for damages. Personal injury compensation covers medical expenses and other financial losses resulting from the accident, such as lost wages or future medical expenses. It may also include non-economic damages like pain and suffering.

Common types of situations that may result in a personal injury lawsuit include:

Auto Accident
Suppose a person is injured in a car accident and they were not at fault. The injured person may need to file a lawsuit if the at-fault driver does not have insurance or if the insurance company denies your claim or fails to offer reasonable compensation.
Slip and Fall Accidents
Most commonly, when a person slips and falls on public or private property due to the safety of the environment—especially if the property was unreasonably or unexpectedly dangerous.
Medical Malpractice
Medical malpractice cases deal with injuries or harm caused by medical personnel (most commonly a doctor) resulting from negligence or inappropriate treatment.
Product Liability
This type of lawsuit happens when you sustain an injury while using a defective product or when the dangers of a product are not correctly addressed or adequately provided to the user.
Wrongful Death
Wrongful death lawsuits occur when the defendant is sued by a third party plaintiff on behalf of the injured party because the injuries sustained resulted in death. This scenario occurs most often when a person dies, and family members sue another for actions or negligence contributing to the injured person’s death.

If you feel you have been personally injured due to someone else’s malice or negligence, consulting with an attorney is the surest way to determine if you are entitled to compensation.

The lawyers at Hoover Kacyon, LLC., are dedicated to supporting our clients. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. If you need to retain an attorney immediately, as there are court-required deadlines to meet, call us at 330-922-4491 or contact us online to schedule you for an initial consultation immediately.

5 Reasons You Need a Surrogacy Attorney

Mon, 19 Sep 2022 23:08:22 GMT

If you are considering surrogacy, you likely have many questions about what is involved in the surrogacy process. Reaching out to a surrogacy agency is a great way to start the conversation. However, a surrogacy attorney is also an important resource to consider.

Surrogacy laws differ from state to state, and some states have more restrictions regarding surrogacy than others. A surrogacy attorney will ensure you have a complete understanding of the laws governing your jurisdiction and can work with you regarding any unique factors in your situation.
There is a lot of fine print regarding the legal arrangements of surrogacy. When it comes to your parental rights and the unborn child, you want to ensure every “i” is dotted and every “t” is crossed. A surrogacy attorney can help protect you and your child in every scenario.
Before any medical procedures can begin, you need a surrogacy contract. Your attorney and your surrogate's attorney can draft the agreement to ensure each party's obligations are clearly defined and each side’s rights are protected.
Even the best relationships can go sour for several reasons. A surrogacy attorney is knowledgeable about the potential risks and liabilities. They also work to ensure your rights and interests are protected if the situation or terms of the relationship change.
A surrogacy attorney will establish your parental rights as quickly as possible. Depending on the state, parental rights of the intended parents may not be established immediately upon birth. You don’t want the child's legal rights in question, especially if the delivery involves complications requiring medical decisions.

During the surrogacy process, working with a surrogacy agency is entirely optional, while hiring a surrogacy attorney is required. When taking the first step of your surrogacy journey, consulting with a surrogacy attorney should be at the top of your list. Don’t settle for the first agency or attorney you contact, pick one that has proven experience in the field.

How to Deal With An Unreasonable Co-parent

Thu, 15 Sep 2022 23:21:57 GMT

Co-parenting is difficult for people in even the best situation. More often than not, people find themselves in the middle of a less-than-ideal co-parenting situation. It can be extremely frustrating when dealing with an unreasonable or vindictive co-parent. Here are a few suggestions to help you learn to deal with an uncooperative co-parent.

Come to terms with the fact that you can only control your own behavior.
It’s easy to get frustrated or angry and let your emotions control you, but avoid being aggressive or combative whenever possible. Engaging in a high emotional confrontation will not likely improve the immediate situation and could damage your custody case. Avoid belittling or bad-mouthing the other parent in front of your children. It’s important to control your words and actions.
Do not use your children as pawns.
Your children should not be the middleman when communicating with a co-parent. As parents, it is your responsibility to devise an effective communication method. Also, remember that withholding visitation or access to your children may be an easy way to get back at a bad co-parent. It may also violate a court order and have serious consequences. It can also be emotionally damaging to your children.
Minimize direct contact.
The best way to avoid confrontation is to avoid putting yourself in a situation where a confrontation is likely to occur. Stay in the car when dropping off/picking up your child. Focus on your child and only engage in the minimal conversation when you must.
Keep a record.
Document each incident when it occurs and avoid involving your children. Keep a log of tardies and absences or any arguments or disagreements. Report any suspected abuse immediately to law enforcement.
Contact a mediator.
If you find you and your co-parent can simply not seem to get along, you may consider utilizing a third party to mediate your interactions and communications. This party could be a friend or relative, or you can request a professional mediator.
Contact your attorney.
The terms and conditions of your custody agreement may need to be amended, or perhaps your co-parent may just need a stern reminder of what those terms are and the consequences of not following them. Your attorney will be able to advise you about what next steps you need to take and ensure the best outcome for your children.

If you need help with a custody agreement or navigating your co-parenting terms, the lawyers at Hoover Kacyon, LLC., are dedicated to supporting our clients. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.

Should Both Partners Have A Lawyer For A Divorce?

Fri, 26 Aug 2022 23:25:34 GMT

When the subject of divorce is brought up, often one of the first things people think about is hiring an attorney. However, the expense of hiring an attorney may have you questioning whether hiring one is worth it or even necessary. The average divorce case in the United States is around $15,000. If you and your former spouse can agree on all the terms of your divorce, then it’s entirely possible to obtain a very inexpensive divorce called a “dissolution.” The average dissolution costs under $5000. However, as most divorced people can attest, divorce is rarely simple and easy, especially when children are involved.

When the subject of divorce is brought up, the first thing you should do is contact an attorney. Even if you ultimately choose not to hire one to represent you, talking with a legal advisor will give you a clear understanding of what you should actually expect and can provide you with a summary of the divorce process. Speaking to an attorney is inexpensive, usually a few hundred dollars or less for them to tell you about divorce and your rights.

In a scenario where finances are a concern, you might wonder if you and your spouse can have the same attorney represent you both and split the costs of representation. By law, an attorney cannot represent both parties. It is considered a conflict of interest, as any number of things could create bias against or favor toward one party. Therefore, if your spouse hires an attorney, you should do the same. An attorney will almost always have the upper hand over someone representing themselves. Hiring an attorney to represent you will likely result in a more favorable outcome.

In the event that you and your spouse are relatively agreeable on most terms, you can choose to hire an attorney as a mediator. While they cannot represent you or give you legal advice, they can inform you about applicable laws and facilitate discussion about options available for you and your spouse to consider. They can aid you with explaining the paperwork and drafting a settlement, conflict resolution, and child custody. Sometimes couples may begin with mediation, realize that they cannot reach agreeable terms, and ultimately decide to hire private counsel.

If you are interested in legally ending your marriage or would like to discuss your rights, please call our Akron divorce attorneys to make an appointment to discuss your potential divorce. If you have already been served with divorce papers by your spouse, you need to retain an attorney immediately, as there are court-required deadlines to meet. Call us at 330-922-4491 or contact us online to schedule you for an initial consultation immediately.

Criminal Defense Attorney VS Personal Injury Lawyer

Thu, 18 Aug 2022 23:38:19 GMT

You may not always be sure when you need to consult with a criminal defense attorney or a personal injury lawyer. Criminal defense attorneys defend those who have been accused of a crime. Whereas a personal injury attorney will handle cases that involve injury, most often from accidents.

Every person charged with a crime is entitled to a defense attorney. You can elect to hire a private criminal defense attorney or request that the court appoints you one. The responsibilities of a criminal defense attorney are to:

Interview their client
Investigate their client’s case
Examine the evidence of the case
Discuss plea bargain options with the prosecutor
Prepare for trial
Represent their client at trial
Handle sentencing negotiations if their client is convicted

Personal injury, on the other hand, is a civil matter and requires you to hire a private attorney. Often, personal injury attorneys are hired when you’ve been in an accident resulting from someone else’s actions or negligence. A personal injury represents their client in a lawsuit again another party. The responsibilities of a personal injury attorney include:

Interview their client
Investigate their client’s case
Examine the evidence of the case
Negotiate with insurance companies
Prepare for trial
Represent their client at trial

Whether you’ve sustained an injury or have been charged with a criminal offense, hiring a knowledgeable attorney is the best way to ensure a favorable outcome for your case. Fortunately, the lawyers at Hoover Kacyon, LLC are both knowledgeable and able to provide you with assistance no matter which type of attorney you need.

The 10 Things You Should Do If You Have Been Charged With A DUI

Wed, 03 Aug 2022 23:44:05 GMT

If you have been drinking or are impaired in any way, you should not drive. Finding an alternative to getting behind the wheel when you’ve had too much to drink ensures everyone’s safety and is a guaranteed way to prevent a costly DUI on your record.

However, if you are pulled over and suspected of driving intoxicated:

You should be polite and cooperative. Your behavior matters. Refrain from being argumentative. An officer’s testimony is almost always given more weight in court.
You have the right to (and should) refuse a breath test. Breath tests have been proven to give inaccurate results and are sensitive to improper administration. You have the right to politely refuse to take one.
You can refuse a field sobriety test. Most people know a breath test is voluntary, but you can also decline an officer’s request to administer a field sobriety test.
At all times during your interaction with a police officer, you have the right to remain silent. You are not required to and should not answer questions beyond providing your name and identification to the officer.
An officer can (and probably will) arrest you under suspicion of DUI. In this situation, you should not run or resist arrest.
Once you have been arrested, an officer will ask you to perform an implied consent test.1 These tests are administered by medically trained professionals and are different than the field tests performed by law enforcement officers. While you may refuse to take this test, doing so can result in the loss of your license for up to a year.
You have the right to speak with an attorney, either court-appointed or hired privately. You should contact an attorney right away.
You should write down what you remember about your encounter as soon as possible, including names and badge numbers, and document any evidence of injury. You may choose to consult with an attorney to determine further action.
Follow the terms of your release from jail while your case is pending. Getting yourself in more trouble will only result in more severe punishment.
Accept the consequences of your actions and complete your punishment. A DUI is a serious offense and puts the lives of others in danger. In 2019, nearly one-third of Ohio's fatal accidents were a result of alcohol impairment.

Contact our office to schedule an initial consultation if you have recently been charged with a DUI or OVI and need immediate legal representation in the Akron, Canton, or Summit county area. Our Akron criminal and traffic law attorneys will work with you to address your specific situation and come to the best possible resolution in your criminal or traffic allegation. Please call our office at 330-922-4491 or fill out our contact form.

1 ORC Section 4511.191. The statute provides that the driver has implicitly consented to taking a breath test, blood test, or urine test for the purpose of determining the alcoholic content.

https://www.responsibility.org/alcohol-statistics/state-map/state/ohio/

How Do I Get Started With a Legal Case For Personal Injury?

Fri, 22 Jul 2022 23:47:08 GMT

If you or someone you know has been involved in an accident, and that accident resulted from someone else’s negligence or misconduct, you have the right to file a claim or lawsuit against the negligent party for damages. In many cases, the process will begin with an insurance claim; however, if you question the fairness of a proposed insurance settlement (and often you should), you can contact an attorney to obtain a legal opinion.

The key to a personal injury lawsuit is establishing negligence. To establish negligence, you must prove that the other party failed to follow a particular protocol or failed in their duties as they pertained to a particular situation. As a result of that negligence, a preventable injury was sustained. Because of the injury, the injured party is entitled to compensatory damages.

If you and your attorney decide to file a claim, your attorney will begin to investigate your claim. They will read police reports and question the officers involved. They may speak with your treating medical professionals or obtain witness statements. Your attorney may speak to other professionals with areas of expertise pertaining to your case.

Often your attorney will submit a Demand Claim to the negligent party’s insurance company. The Demand Claim

outlines the situation, why their insured is at fault, and request for damages. The defendant will then consider the letter and can then:

Reject the demand
Accept the demand
Make a counteroffer

If a counteroffer is made, you then have the option to accept or make another counteroffer until either both parties agree, or if one or both parties fail to reach an agreement, a lawsuit will then be filed, and the case will proceed to a court.

Once at the court level, a case can be settled by a mediator who attempts to get both parties to reach agreeable terms. If the mediator cannot get both parties to agree, then the case proceeds to trial.

If you need to retain an attorney immediately, as there are court-required deadlines to meet, call us at 330-922-4491 or contact us online to schedule you for an initial consultation immediately.

What Should I Do If I Am Being Abused?

Mon, 18 Jul 2022 15:47:40 GMT

Domestic violence is defined as a pattern of behavior used by one partner against another to exert one’s will or control over the other. Domestic violence can include physical, psychological, emotional, and sexual abuse, as well as financial control or threats.

If you feel you have been a domestic violence victim, resources are available. If you aren’t comfortable reaching out to family or friends, you can try national hotlines and programs, local shelters, and advocates. Attorneys and law enforcement officers can also assist with these cases. You should reach out to one of these resources immediately. The most important first step is to get away from your abuser and obtain a restraining order.

If children are involved, you will definitely want to reach out to a knowledgeable attorney regarding your rights as well as understanding your partner’s rights. Your attorney can also advise you on the best next steps to take. You may need to contact law enforcement to report a crime. If you are married, you may want to discuss divorce proceedings. Having an experienced attorney to help guide you in this process will help alleviate some of the stress.

On average, in the United States, more than 10 million men and women are physically assaulted by an intimate partner each year. In Ohio, in 2019, there were more than 76,000 law enforcement calls for domestic violence incidents. 10tv shared information from reports conducted by the Ohio Domestic Violence Network showing domestic violence fatalities have increased 35% from July 2019 to June 2020. The U.S. Department of Justice estimates that less than half of all domestic violence incidents are ever reported to law enforcement.

Leaving an abusive relationship can be complicated and seem impossible. Every situation is unique, and there may be many reasons why it is difficult to leave. If you are considering leaving an abusive partner, get experienced help.

What Are The Steps To Adjusting a Parenting Agreement?

Wed, 13 Jul 2022 15:51:06 GMT

When circumstances involving a court-ordered child custody arrangement change, it may be necessary to modify the agreement. Even if both parents agree on the modifications, having a legal agreement is important for the benefit of the children and the parents. So when is this request necessary, and what are the steps to change the terms of a custody arrangement?

A request for modification should be considered when the current schedule is no longer in the child's best interest, and modifying the current terms will better meet the child's needs. Situations that might prompt a request for modification include:

Change of parental circumstances, such as a change of residence or work schedule.
The child’s involvement in activities when the child’s schedule conflicts with the custody agreement.
When the health or welfare of the child is of concern.

What is the process for requesting a modification to a custody order?

To be legally binding, a formal request must be made to the court. In Ohio, this request is called a “Motion for Change in Parenting Time.”
The court will schedule a hearing.
At the hearing, the court will hear both parties’ arguments regarding modifying the custody terms. It will also consider several factors related to the child and the child’s environment.
The court will make a judgment to modify the terms of the agreement or reinforce the current terms.

Keep in mind that this can be a lengthy process. It can take months or even years to modify the terms of a custody agreement, especially when parents are not on agreeable terms.

How to Adopt a Family Member

Wed, 06 Jul 2022 16:00:40 GMT

Illness and death are a part of life that everyone will handle at some point in life. Sadness and tragedy compound w hen children are/going to be left behind. It may even force family members to consider if/who should take guardianship or adopt children who have lost their parent(s).

If the parent of the children passes away with no will, often children will be temporarily placed in the care of a relative until the Court can establish guardianship. In some cases, the children may be placed in foster care while proceedings establish a guardian.

If the parent is terminally ill or unable to care for the children due to illness, they may consider placing the children in the care of a friend or relative with guardianship rights, or both parties may determine that adoption is a better option. This type of adoption procedure is called“kinship adoption.” Of the over 64,000 children and youth adopted in 2019, 36% were adopted by a relative.1 In the case of terminal illness, many may find comfort in knowing their children will remain with a familiar family circle.

The adoption process between friends or relatives is the same as a private adoption. You will first want to contact an adoption agency and an adoption attorney. You, the adopting party, and any involved agencies will need to sit down to agree on the terms and conditions of the adoption. You will need to complete all the necessary forms, and the adoptive family will likely need to undergo a home study to determine if the home will be safe for the child(ren).

The death of a loved one is often stressful and tragic. You may be unexpectedly forced into considering adopting children left behind. It can quickly become an overwhelming situation.

If you are considering adoption in any capacity, choosing the right adoption professionals to work with is one of the most important decisions. Don’t settle for the first agency or attorney you contact. Be sure you choose people you feel comfortable with and trust.

https://www.ccainstitute.org/resources/fact-sheets

What Should Be Included in a Will?

Tue, 28 Jun 2022 16:04:40 GMT

Regardless of your age, having a will is important. Tomorrow is not promised, and a will is a legal document providing instructions on how to distribute your estate and assets posthumously. If you do not have a will or trust in place, in the event of your death, a court will decide how to distribute your estate.

It is also important to note that each state has its own set of laws that govern the requirements of a valid will. You should update your will periodically to accurately reflect your current situation.

Things to include in a will are:

Personal information: Include any alias you may use, as well as the names of your family members.
Testamentary intent : This is the legal language declaring what the document is, which is required for the validity of the will.
Assets and beneficiaries: Your will should have a detailed inventory of your property and assets and how they should be divided and distributed among those you name as beneficiaries.
Appointment of an executor: The executor is the person responsible for carrying out the terms of your will.
Appointment of guardian: If you have minor children or pets who will need to be cared for following your death.
Signatures of the testator and witnesses: Witness signatures are typically required to affirm that you were of sound mind when you signed the will.

Things you should not include in your will include:

Personal wishes or requests regarding the funeral or memorial service arrangements. Because a will must go through court processes, which take time, your request may not make it to the appropriate person before services have already been concluded; it is better to provide family members with a letter of instruction.
Coverage for a beneficiary with special needs. It is highly advisable that you speak with an estate planning attorney regarding this issue, especially if the beneficiary receives government aid.
Certain types of property or businesses and any other assets you don’t want going through probate. Talk to your estate planning attorney about setting up a trust fund for these types of assets.

Remember, a will does not cover everything, so it is advisable to look into the other estate planning tools available to you. Consulting with an estate planning attorney can give you the peace of mind that your final wishes are carried out. It can also save your loved ones expensive court battles over your estate once you’ve passed.

What To Do After A Divorce

Wed, 22 Jun 2022 16:10:27 GMT

It’s official; you’re divorced. While you may be legally divorced, there are probably still some things you and your ex-spouse need to do. More dealings with your former spouse may be the last thing you want to do, but making sure any lingering paperwork gets taken care of now can save you enormous headaches in the future.

Some other items you want to make sure are in order before you and your former partner part ways for good include:

Name Change: If you requested a name change in your divorce decree, you must request a new social security card, driver’s license, and passport documents.
Titles and deeds: These include signing over titles for vehicles and other property. If these documents aren’t in order, selling that property in the future will be difficult, if not impossible.
Insurance: You will need to ensure that all of your insurance policies have been correctly separated and names updated. Not doing so could affect your ability to file a future claim with your insurance company.
Bank Accounts & Credit Cards: Be sure you have closed joint accounts and removed and changed any names. If you need to build credit, open a credit card solely in your name. Talk to your financial institution for help; many will also work with you to rebuild your credit. Make sure the account beneficiary information is up-to-date.
Pensions and Other Retirement Accounts: Depending on your divorce settlement, the monies in these types of funds may need to be divided. Talk to your divorce attorney to make sure you understand the terms of your decree. You will also want to make sure your beneficiaries are updated.
Wills & Trusts & Medical Directives: Be sure you contact your trust attorney as soon as possible to update these documents. If you don’t have one already, call us today for assistance. Accidents happen, and tomorrow is not guaranteed. You probably don’t want your former spouse to be the decision-maker of your health and medical care. In the event of your death, you don’t want to leave your loved ones to deal with a potentially lengthy and expensive probate case for your assets.
Taxes: Be sure you have copies of your previous tax returns. You may want to consult a tax professional. Taxes can be complicated the first year you divorce.
Email , Social Media, and Other Online Accounts: Be sure to remove/change names and passwords for all of your online accounts, even if you think your former partner didn’t know them.

Divorces are complicated even when you think they’re over. However, ensuring all these

post-divorce items are complete now will help keep them from falling through the cracks. Procrastinating may cause you more frustration, fees and charges, and even additional legal fees.

If you are interested in legally ending your marriage or would like to discuss your rights, please call our Akron divorce attorneys to make an appointment to discuss your potential divorce. If you have already been served with divorce papers by your spouse, you need to retain an attorney immediately, as there are court-required deadlines to meet. Call us at 330-922-4491 or contact us online to schedule you for an initial consultation immediately.

7 Ways to Stop Friends From Drinking & Driving

Fri, 17 Jun 2022 16:13:25 GMT

Getting together with friends and family is a wonderful way to enjoy the summer weather. However, it’s important to remember that if alcohol is included in your festivities, ensuring that people are safe and drinking responsibly should be a part of the party plans.

Being charged with a DUI is a serious offense that can have severe consequences. Even a first offense conviction can result in jail time, suspension of your license, court fines, probation, and/or court-ordered counseling. In Ohio, the State assesses points against your driver’s license, which can affect your insurance rates, credit rating, or even your employment. Some states may require you to keep a monitoring device in your vehicle.

Here are a few tips for ensuring that everyone arrives home safely.

Call for a ride. Ride-sharing services are now available in most communities. Paying for a ride home far outweighs the cost of a DUI or an accident. Some communities even offer free ride services.
Offer to be or have a designated driver available. Provide your guests with a safe option to get home. Designate yourself or a non-drinking friend to be a sober driver. If you have a licensed driver under 21, consider asking them to be the designated driver for your guests.
Use public transportation. If your city offers public transportation, this is a great and cost-effective option for making sure friends and family don’t drive under the influence.
Be assertive. Let your guests know you care about them, that their safety is important to you, and that you won’t tolerate drinking and driving. Consider collecting keys from anyone who opts to drink alcohol.
Offer non-alcoholic beverages. Be sure your guests have the option to not drink alcohol in the first place by making sure you offer non-alcoholic beverage options.
Stop serving. Especially in a party situation, you might want to stop serving alcohol two hours before the party ends, so guests have time to sober up before getting behind the wheel.
Stay the night. If you have the space or a lodging option available, offer to let intoxicated guests sleep it off.

Getting a DUI or being involved in an alcohol-related accident will put a damper on any party fun. Ensure you and your guests make responsible choices when drinking during social activities.

If you or someone you know has been charged with a DUI/OVI, be sure you know your rights. Contact our office to schedule an initial consultation for legal representation in the Akron, Canton, or Summit county areas. Our Akron criminal and traffic law attorneys will work with you to address your specific situation and come to the best possible resolution in your criminal or traffic allegation. Please call our office at 330-922-4491 or fill out our contact form .

What is a Personal Injury Attorney?

Wed, 25 May 2022 16:16:52 GMT

A personal injury attorney is a lawyer who represents a client claiming they have sustained injuries due to someone else’s negligence. They assist their client in ensuring that fair and adequate compensation is recovered for physical, emotional, or psychological injuries. Personal injury does not necessarily mean that there was criminal negligence. While criminal charges may be filed separately, personal injury cases are considered civil cases.

Common examples of personal injury cases include:

Motor vehicle accidents
Slip and fall accidents
Defective products
Workplace injuries
Medical malpractice

When should you consult a personal injury attorney? Any time an accident has occurred that has resulted in injury to you or the death of a loved one, and that accident was a result of someone else’s actions or decisions. You may also consider consulting with an attorney if insurance denies a claim, there are multiple parties involved, or to determine if a settlement offer is reasonable.

A personal injury attorney can help you deal with the overwhelming aftermath of an accident by:

Explaining your rights
Providing advice
Representing you in court

In Ohio, cases, where the requested damages are less than $6,000, are considered small claims. The need for an attorney may not be required or necessary for these types of cases. However, when you hire a personal injury attorney to represent you, you may receive additional benefits such as:

Independent investigation
Access to better medical providers
Better damage assessment

The personal injury lawyers at Hoover Kacyon, LLC., are dedicated to supporting our clients. We deliver the highest quality legal representation from a team of injury professionals while also providing excellent customer service.

If you need to retain an attorney immediately, as you need to meet court-required deadlines, call us at 330-922-4491 or contact us online to immediately schedule you for an initial consultation.

Can I Move Out of State After a Divorce?

Thu, 19 May 2022 16:20:07 GMT

The laws governing divorce decrees are different in every state. Of course, you have the right to move wherever you choose after you finalize your divorce unless you and your ex-spouse have children and a custody agreement. Understanding your parental rights, especially if you are a non-custodial parent, is important.

In Ohio, if one parent attempts to leave the state with their children without the other parent's knowledge or permission from the court, it is considered parental kidnapping. It’s not just a state felony offense, but it violates the federal Parental Kidnapping Prevention Act.

The primary custodial parent must file a notice with the court if they intend to move. In addition to keeping the court notified of any address change, it also allows the court to notify the other parent so that the other parent may object to the relocation or request a modification to the custody agreement. The court will hear both sides of the argument and make any modifications to the original custody agreement that it deems necessary to ensure the safety and well-being of the child(ren).

The court may deny the request to relocate if the other parent has documentation that the move intends to restrict access to the children. However, suppose the custodial parent makes the relocation request because they have the opportunity for a better job or other justifiable reason. In that case, the court will likely grant the request, even upon objection by the other parent.

Divorces involving children can be even more complicated. If you feel your parental rights are being violated, it is highly advisable to consult a child custody attorney. Having experienced representation in these cases is paramount to a fair outcome.

Wet-Weather Driving Tips

Thu, 12 May 2022 16:25:34 GMT

7 Things You Should Know Before Filing for a Divorce

Mon, 09 May 2022 16:29:50 GMT

Divorce is never easy and if there are assets or children involved, it becomes even more difficult. You probably already have a lot of expectations and ideas about how divorce proceedings go. You might even get lots of “advice” from friends and family. Keep in mind that each situation is different, and the divorce laws in each state are not the same. The following is advice to help guide you through the divorce process.

Consult with an Attorney. When considering a divorce, your best first step is to consult with an attorney. Talking with a legal advisor will give you a clear understanding of what you should actually expect and the steps to take.
Organize important information and documents. Gather all your financial information. Make a detailed list of your property and assets, including furniture, bank accounts, mortgages, car, Make copies of important documents such as titles and deeds. Having all of these things together and organized will help your attorney get a clear idea of where you stand financially.
Establish Credit. Divorce can take its toll on your credit, especially if you and your spouse share the debt. Establishing credit prior to filing for divorce will make it easier for you to rent or buy a new home or take out a loan.
Be honest and mindful of your actions. Sometimes divorce proceedings lead to scrutinizing every detail of your life. Dishonesty can be detrimental to your case and likely cause more harm than simply being upfront and honest about things. Also, be cautious of all your behavior, especially on social media Negative behavior can be used against you and is a common tactic used in child custody battles.
Think about your children. You and your spouse are getting a divorce, but your children are not. They should not be used as bargaining tools in these situations. Divorce is especially difficult for children; it’s important to ensure their emotional needs are being addressed.
You don’t HAVE to go to court. There are other options to a long, expensive court battle. Amicable divorce or mediation is a better alternative if you and your spouse can negotiate agreeable
No one “wins” a divorce. Be reasonable about your expectations. Divorce is not a competition. All divorces, no matter how civil, have lasting impacts on every individual involved.

Things to do before a Divorce

Twenty things you should know about Divorce

When Should You Hire a Lawyer For a Car Accident?

Sat, 30 Apr 2022 16:34:06 GMT

If you or someone you know has been involved in a car accident, you should contact an attorney as soon as possible. Handling the aftermath of a vehicle accident can be overwhelming. When dealing with pain, mounting medical bills, and emotional trauma, the last thing you will want to do is fight with an insurance company.

When you seek restitution for injury or damage sustained in a car accident, it’s important to remember, provided the driver is insured, that you are seeking compensation from an insurance company and not the driver deemed responsible for the accident. Insurance companies have legal teams dedicated to keeping claim settlement payouts as low as possible. These legal teams have amassed vast experience and access to immense resources. Sometimes it’s important to recognize when you’re underqualified for the task. An experienced attorney can fight for the compensation you may not have even considered, such as future expenses. They are knowledgeable about the tactics that insurance companies often use to negotiate lower settlements. Obtaining an attorney to negotiate with insurance companies is the best way to ensure you receive fair and adequate compensation for things like repair bills, medical bills, and lost wages. Navigating a lawsuit is, more often than not, tricky. There are strict deadlines to meet regarding paperwork filings. Processes are different in every state. Even the amount of compensation can vary from state to state. Knowing the law in the jurisdiction of the lawsuit is imperative. Negligence of the law is not an acceptable defense in the courtroom and can be detrimental to your case.

There is no harm in reaching out for a consultation, even if you choose not to hire an attorney. Accidents happen for a multitude of reasons, but financial relief may be available to lessen some of the burdens. The personal injury lawyers at Hoover Kacyon, LLC., are dedicated to supporting our clients. We deliver the highest quality legal representation from a team of injury professionals while also providing excellent customer service.

If you need to retain an attorney immediately, as there are court-required deadlines you need to meet, call us at 330-922-4491 or contact us online so to schedule you for an initial consultation immediately.

Do I Need a Lawyer For Adoption?

Thu, 21 Apr 2022 19:40:23 GMT

If you are considering adopting a child or considering putting your child up for adoption, you’ve already done a lot of research on what the process entails. Chances are you are already overwhelmed by the mountains of information you’ve come across. Adoption is a complicated process, and there are a considerable number of laws and regulations, both state and federal, that you need to follow during the adoption process. The good news is that adoption agencies and adoption attorneys are available to help you every step of the way.

Adoption attorneys are experts in family law. Because of the complexities involved, adoption attorneys are required for every adoption proceeding. They are there to work in conjunction with your adoption agency and guide you through all of the complicated, state-specific legal processes to ensure a secure and ethical adoption as well as oversee financial matters. They are there to protect the rights of the adoptive parents, birth mother, and the rights of the child.

Adoption agencies help facilitate the adoption process and provide services to place children with families to ensure a safe and successful union. Those services include:

matching services
in-home studies
counseling and education
document preparation
post-placement visits

Not all adoption agencies are the same. They have varying adoption requirements and pricing structures for the services they provide.

In some situations, an adoption attorney may eliminate the need for an adoption agency; this is called an independent adoption and may help reduce some of the expenses of the adoption process. However, there may be some disadvantages of eliminating an adoption agency from the equation, such as longer waiting times to find a match with a birth mother, lowered success rates with adoption placement, and less support for adoptive and birth parents.

How to Avoid Distracted Driving

Mon, 18 Apr 2022 19:44:22 GMT

Car accidents can happen to anyone at any time. In Ohio, over 13,000 motor vehicle accidents have been investigated this year. The most common motor vehicle accidents are:

Rear-end collisions
Parked car accidents
Single vehicle accidents
Windshield damage
Intersection accidents
Vehicle Theft
Backing collisions

Distracted driving contributes to a significant percentage of these accidents. This is when anything takes the driver’s attention away from operating the vehicle. Over 2,000 citations have been issued this year for distracted driving violations. Many accidents can be prevented or avoided if the driver makes an effort to minimize distractions while driving.

Here are some useful tips to help you avoid distracted driving and costly accident expenses:

Avoid using your cell phone (even hands-free). Cell phones are the biggest cause of distracted driving.
Avoid anything that prevents you from using both hands to drive. This includes eating, drinking, or smoking.
Avoid reaching anything that is out of reach. Pull the car over if you need to retrieve something.
Avoid making any adjustments to audio, climate, and other controls prior to driving.
Avoid sightseeing while driving.
Don’t drive if you are impaired or overly emotional.
Ensure pets are in pet carriers and are secure.
Be sure you, as well as all passengers, are safely buckled in. Instruct passengers to actively participate in ensuring everyone’s safety by remaining buckled and being observant.

If you have been charged with a crime in a vehicle accident or if you have sustained injuries from a vehicle accident, contact the attorneys at Hoover Kacyon, LLC. We are dedicated to supporting our clients. We deliver the highest quality legal representation from a team of injury professionals while also providing excellent customer service.

Call us at 330-922-4491 or contact us online to schedule you for an initial consultation.

https://www.statepatrol.ohio.gov/statistics/default.asp#gsc.tab=0

What is Sexual Assault, And What To Do About It

Mon, 11 Apr 2022 19:48:06 GMT

In Ohio, sexual assault is defined as engaging in sexual conduct with another when the offender purposely compels the other person to submit by force or threat of force.

Survivors of sexual assault often have an immediate decision to make – whether to report the assault or not. Many times, survivors are traumatized and confused immediately following an assault; therefore, making a clear or even rational decision may be difficult. There are many reasons a survivor may choose not to report an assault, especially if there has been a threat of potential violence by the perpetrator. However, there are just as many reasons survivors choose to file a report with law enforcement.

It is important to note that if a sexual assault survivor chooses to seek medical treatment, staff are required to report it to law enforcement. Reporting a sexual assault does not guarantee prosecution. A report is simply the catalyst for an investigation. The law will only pursue a prosecution if the evidence suggests that a crime was committed. Once it has been determined that a criminal element was involved, a prosecutor will review the case and charge the perpetrator with the appropriate offense.

Other criminal sex offenses in Ohio include:

Sexual Battery
Unlawful Sexual Conduct with a Minor
Solicitation or Importuning (Prostitution)
Public Indecency
Child Pornography

Sexual offense convictions may require lifelong registration as a sexual offender, dictate where you can reside, and may prohibit you from being employed in certain occupations or positions. In addition, sexual assault accusations and convictions can carry a stigma that may affect social and familial relationships.

If you are a survivor of a sexual assault and seeking legal counsel for the next steps to take or if you or someone you know has been charged with a sexual offense crime, the lawyers at Hoover Kacyon, LLC., are dedicated to supporting you. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.

What is a Personal Injury Case?

Thu, 07 Apr 2022 19:52:16 GMT

A personal injury case, also called tort, is a lawsuit in which a person is the victim of harm arising from the actions of another, either because of negligence or intentional misconduct. A person can claim injury as a result of another’s actions for almost any reason.

Car accidents
Slip and fall incidents
Medical malpractice
Libel and/or slander
Dog bites and other animal-related injuries
Assault and Battery and other intentional torts where injury results from intentional acts perpetrated against a victim

In many cases, even if no overt actions constitute criminal acts, the victim may pursue a civil lawsuit against the offending party. Additionally, an injury does not need to be a physical injury. A claimant may assert that the injury was emotional or damaging to their reputation.

In Ohio, if the damages a claimant is seeking stay under $6,000, the case is considered a small claim. Most people will want to consult with an attorney when seeking damages over the small claims limit or when they are unsure what damages they might be entitled to claim.

If you feel you have been personally injured due to someone else’s malice or negligence, consulting with an attorney is the surest way to determine if you are entitled to compensation.

How Can I get DUI Charges Reduced?

Mon, 28 Mar 2022 19:56:16 GMT

If you’ve been charged with a DUI/OVI, it may be possible to have the charges reduced or even dismissed. Consulting with an attorney can help determine if your case warrants the entry of a not-guilty plea to have the court further investigate the circumstances involved in your arrest.

There are several reasons you may wish to pursue a trial or negotiate a plea agreement:

Lack of probable cause: A law enforcement officer must first have probable cause to pull over your vehicle. This probable cause must be based on evidence that you have violated the law. You cannot be randomly stopped without probable cause, with the exception of DUI checkpoints.
No evidence of driving: A law enforcement officer must determine with reasonable certainty who the driver of the vehicle is at the time of the violation. In these types of situations, it is important to remember your right to remain silent.
The vehicle did not move: In some states, officers must have observed or had a basis for reasonable certainty that the vehicle actually moved, even if only a few inches. In other states, simply being behind the wheel of a parked car with the engine run is sufficient for a DUI arrest.
No evidence that you were under the influence: Field sobriety tests can be challenged in court for a number of reasons, including your physical condition, the way the tests were administered, weather, or even the ground conditions.
Improperly administered blood test: Certain procedures must be properly followed for a blood test to be deemed valid by the court. If you decline to take a blood test, a warrant must be obtained before a law enforcement officer can have your blood drawn.
You were unaware that you had drugs or alcohol in your system: If you unknowingly ingested drugs or alcohol, you have cause for challenging your arrest.

Being charged with a DUI is a serious offense that can have severe consequences. Contacting an attorney to represent you is your best option for having your charges reduced or even dismissed. They know the laws, what to look for, and how to defend you and reach the best possible outcome.

Contact our office to schedule an initial consultation if you have recently been charged with a DUI or OVI and need immediate legal representation in the Akron, Canton, Summit, or Portage county area. Our Akron criminal and traffic law attorneys will work with you to address your specific situation and come to the best possible resolution in your criminal or traffic allegation. Please call our office at 330-922-4491 or fill out our contact form .

Can an Attorney Make a Difference in My DUI / OVI Case?

Mon, 21 Mar 2022 19:59:10 GMT

When the circumstances surrounding a child custody arrangement have changed, it may be necessary to request the court revisit the case and modify the custody order. But when is a custody modification necessary? A child custody modification may be necessary if a parent moves or changes jobs or if the child(ren)’s well-being is otherwise being affected, as in the case of domestic abuse.

To request a modification to a child custody order, the party requesting the change must file a request or petition with the court. A simple modification may not require an attorney, such as an address change or when both parties jointly agree to the changes. However, when the modification is more complex, consulting with an attorney is probably in your best interest, as well as your child’s. You and your attorney will need to gather evidence to support your request for modification. The court may set a hearing to hear both parties’ arguments as to why the modification to the order is necessary or is being opposed. The court will then consider all of the evidence presented and decide to modify the custody order or deny any modifications.

Child custody issues are often centered around separation or divorce of parents, and children are often placed at the center of the battleground. If two parents can work together amicably to resolve their issues, especially those involving their children, the outcome is generally much more favorable for both parties. Custody battles and any subsequent modifications can result in lengthy and drawn-out court proceedings that can last for years and be quite costly.

What is a Child Custody Modification?

Tue, 08 Mar 2022 20:03:41 GMT

Helpful Tips If You Ever Get Pulled Over For a DUI

Tue, 01 Mar 2022 20:09:08 GMT

First, if you have been drinking or are impaired in any way, you should not drive. Taking an Uber or finding a place to stay for the night is the best way to keep yourself from getting a DUI and ensures everyone’s safety. However, in the event that you are pulled over and investigated for a DUI, you have the right to refuse taking field sobriety tests and an alcohol breath test.

During your initial encounter with an officer:

You should be polite and cooperative. Remain calm and focused to help avoid appearing impaired.
You have the right to remain silent. You are not required to and should not answer any questions, except for providing your name and identification to the officer.
You have the right to refuse consent to search your person or belongings. Police may perform a pat-down if they suspect you are concealing a weapon. In this situation, it’s important to remember that they may still search you or your vehicle against your objections. However, vocalizing your objection may help preserve your rights in any further legal proceedings.
You have the right to refuse a breath test.

If you are arrested:

You should not run or resist an officer’s attempt at arrest.
You have the right to speak with an attorney, either court-appointed or hired privately.
If you choose to answer questions asked by an officer, you should not lie or give false information, and remember that you may invoke your right to remain silent at any time.
If you have been injured or feel that your rights were otherwise violated during an encounter with the police, you should immediately write down what you remember including names and badge numbers and document any evidence of injury. You may choose to consult with an attorney to determine further action.

Contact our office to schedule an initial consultation if you have recently been charged with a DUI or OVI and need immediate legal representation in the Akron, Canton, or Summit county area. Our Akron criminal and traffic law attorneys will work with you to address your specific situation and come to the best possible resolution in your criminal or traffic allegation. Please call our office at 330-922-4491 or fill out our contact form .

How Can Social Media Affect My Divorce?

Tue, 22 Feb 2022 20:17:25 GMT

Over the last two decades, the internet has connected the world. Social media has exploded in popularity, giving us access to the lives of millions of people around the world, but that isn’t always a good thing. As we’ve seen, people don’t always consider how others will receive a photo, a post, or a comment or the consequences they may have.

Because of the footprint that technology can leave in a digital world, social media has become a weapon in legal cases. Even deleted content can be dug up out of the code or screenshotted and saved in someone’s personal file folder. Social media has forever changed the notion of personal privacy and can seriously affect a person’s life and reputation. There is no place where this is more apparent than during divorce proceedings.

Social media is cited as a contributing factor in divorces but is also increasingly used as evidence. Divorce attorneys now have access to a goldmine of personal timelines and narratives, often with photographic evidence. Properly edited, a person’s life can be manipulated to paint a person in a more or less favorable light.

During legal proceedings, attorneys have the right to ask for access to social media accounts, including usernames and passwords. Courts have ruled that social media content is usable in proceedings because it:

doesn’t violate any privacy laws because there is no expectation of privacy.
provides relevant evidence.
doesn’t violate laws of privilege.

Generally speaking, you should always be cautious about what you post on your social media accounts. This discretion is especially true during a less-than-amicable divorce as all behavior may be scrutinized, and social media leaves a trail of evidence that could work against you.

If you are interested in legally ending your marriage or would like to discuss your rights, please call our Akron divorce attorneys to make an appointment to discuss your potential divorce. If you have already been served with divorce papers by your spouse, you need to retain an attorney immediately, as you need to meet court-required deadlines. Call us at 330-922-4491 or contact us online to immediately schedule you for an initial consultation.

Can I Get a DUI / OVI For Driving While On Prescription Drugs?

Wed, 16 Feb 2022 20:20:40 GMT

You should always be cautious when driving or operating machinery after taking prescription medications. Be sure you read the labels and understand the side effects of any medication you are taking. If you have questions, ask your pharmacist. They can explain the side effects of your medication as well as any possible interactions with other medications you may be taking.

Many prescription medications for mental health treatments including antidepressants or pain medications, especially opioids can cause impairment. That impairment may be magnified when taken in conjunction with other medications or combined with alcohol. Even some over-the-counter medications like cold medicines can cause impairment affecting the judgment, coordination, and reaction time.

If you are driving while impaired, you are putting yourself and others at risk. In Ohio, a DUI falls under statute 4511.19 | Operating a vehicle under the influence of drugs or alcohol (OVI), and that includes any medications, whether legally prescribed by a doctor or not.

Even a first-time DUI conviction can have long-lasting consequences. Your license may be suspended, you may incur fines or even jail time. Your employment and ability to obtain insurance may be affected. Today there are many alternative options for transportation if you need to go somewhere, or delivery services if there is something that you need. If you take any medications, choose to take them responsibly. Don’t risk your safety or the safety of others.

Contact our office to schedule an initial consultation if you have recently been charged with a DUI or OVI and need immediate legal representation in the Akron, Canton, or Summit county area. Our Akron criminal and traffic law attorneys will work with you to address your specific situation and come to the best possible resolution in your criminal or traffic allegation. Please call our office at 330-922-4491 or fill out our contact form .

Ohio Revised Code Section 4511.19

https://codes.ohio.gov/ohio-revised-code/section-4511.19

What is Considered a DUI?

Tue, 08 Feb 2022 20:22:50 GMT

n Ohio, a DUI falls under statute 4511.19 | Operating a vehicle under the influence of drugs or alcohol (OVI). A blood alcohol content of 0.08 is considered under the influence. In most cases, an OVI is a misdemeanor offense. However, even a first offense conviction can result in jail time, suspension of your license, probation, and/or court-ordered counseling. Some states may require you to keep a monitoring device in your vehicle. Additionally, Ohio assesses points against your driver’s license, which can affect your insurance rates, credit rating, or even your employment.

Still, there are circumstances in which an OVI violation is a felony. In Ohio, if an offender has at least three previous OVI convictions within the last ten years or five convictions within the past 20 years, the current offense is considered a felony.

Other exacerbating factors considered for a felony charge include:

Whether there was a bodily injury involved or if a child was endangered
Whether any property damage resulting from the incident
The BAC level or other intoxication level of the offender at the time of the incident
If any other laws were broken during the incident, such as driving with a suspended license or without insurance

The penalties for a felony OVI conviction include incarceration, fines, driver’s license suspension, and forfeiture of the vehicle involved as well as the penalties imposed for any other offenses committed in conjunction with the OVI offense.

A DUI is a serious offense. A conviction on your record can have a lasting damaging impact on your life. If you choose to drink or use other substances, commit to finding a safe alternate way home and not letting others drink and drive.

Contact our office to schedule an initial consultation if you have recently been charged with a DUI or OVI and need immediate legal representation in the Akron, Canton, or Summit county area. Our Akron criminal and traffic law attorneys will work with you to address your specific situation and come to the best possible resolution in your criminal or traffic allegation. Please call our office at 330-922-4491 or fill out our contact form .

Ohio Revised Code Section 4511.19 https://codes.ohio.gov/ohio-revised-code/section-4511.19

How to Get a Personal Loan for Legal Fees

Wed, 02 Feb 2022 20:41:39 GMT

Legal fees are expensive, and depending on your situation, they can pile up quickly. Legal fees include

(but aren’t limited to) retainers, hourly costs, amounts of litigation, and contingency fees.

On average, attorneys in Ohio charge $100 to $453 per hour for legal services. Your attorney works for you and therefore performs a service or consumes a resource pertaining to your case, you are billed. All those expenses can quickly reach thousands of dollars, and the majority of Americans don’t have that kind of emergency savings available to them. The average divorce in 2020 cost about $13,000 and

$23,000 if the case went to trial.

Fortunately, there are many personal loan resources available online to help you cover your legal fees. Most lenders will allow you to use a personal loan in any way you choose. Eligibility for lending often depends on your credit score, employment history, citizenship status, as well as how much you ask to borrow. When considering using lending resources, be sure you do your research. Not all loan companies are created equal. Compare loan rates, fees, and payback terms.

Figure is one option if you have good to excellent credit. Figure runs a soft check on your credit, which doesn’t affect your credit score.
Upgrade is useful for those with bad to fair credit or for those who need smaller loans. This detail means they typically have higher interest rates. Like Figure, there is no effect on your credit score when you complete the initial application for approval.
Upstart offers loans you can use for just about anything. Because of the model they use to determine approved borrowers, they generally have higher approvals and lower rates than some other lenders.

If you need to talk to an attorney, contact our office at 330-922-4491 or through our contact page to schedule an initial consultation. We can help you find the resource right for you to get the legal representation you deserve.

What Should I Do if I Receive a Cease and Desist?

Mon, 31 Jan 2022 20:25:40 GMT

A cease and desist letter is typically written to prevent damage or harm to one party by another. It is not a legal document and can usually be written without an attorney. Rather, it is simply a request to ask the other party to stop their harmful actions and outlines further consequences if they do not. Often those consequences include the threat of a lawsuit.

The most common reasons for cease and desist letters include:

Infringement of intellectual property such as a copyright, trademark, or patent.
Prevent debt collections agencies or attorneys from constantly calling. Remember, it doesn’t eliminate anything you owe.
To stop someone from continuing harmful written or verbal actions and/or retract or take back what was already said/written.
Tread carefully as sometimes the harasser may get enraged from a cease and desist rather than be deterred; make sure it’s the right course of action.

So what should you do if you’ve received a cease and desist letter?

First, don’t panic. A cease and desist letter is just a warning. Thoroughly read the letter to be sure you understand what the sender is asking you to do; it may be something minor. If you don’t understand what the sender is requesting or have any objections to the request, be sure you contact an attorney to have a complete understanding.
Don’t ignore it. While the initial letter is just a warning, failure to respond according to the deadlines may result in further action by the sender, and that may include a lawsuit that could end up being time-consuming and costly for you.
Seek legal counsel. Don’t assume that the sender has any kind of knowledge or legal standing for the request. Be sure you understand your rights and what alternatives are available to reach an agreement.

If you have received a cease and desist letter, contact our office. The lawyers at Hoover Kacyon, LLC. are dedicated to supporting our clients. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.

Why Should I Hire a Lawyer For My Family?

Wed, 19 Jan 2022 20:28:48 GMT

In the age of technology and the internet, obtaining the necessary legal documents for just about any type of legal proceeding is pretty simple. It’s easy to research and find templates with legal jargon that sound official. Hiring an attorney can be expensive, and if the court doesn’t require you to have one, why wouldn’t you save yourself hundreds or thousands of dollars by just doing it yourself? The answer is because it may cost you more than you were bargaining for in the end.

Laws vary from state to state, and the requirements for any given legal procedure can vary greatly. Lawyers are educated and knowledgeable regarding the laws of a specific state. They also have experience and are intimately familiar with the courts and court proceedings. Plus, they can reasonably anticipate the outcome of a particular situation.

Moreover, a knowledgeable attorney will have a better idea of what you may be entitled to and can help you avoid or address any issues that may arise during litigation. An attorney will help ensure that all necessary legal documents are filed correctly, and any deadlines are met.

Additionally, most proceedings are stressful and emotional, which means you may not be in the best mindset to represent your case effectively. You may forget important details or fail to realize the weight or gravity of a particular element. You may feel like you are being pulled in a thousand directions already, and you may not have the necessary time or energy to devote to your case to reach the desired outcome. Failure to manage your case properly could cost you money, your children, or even your freedom or rights.

How Do I File a Restraining Order?

Tue, 18 Jan 2022 20:33:07 GMT

A restraining order is a court order used to protect a person or other entity from the behaviors or actions of a nother individual or entity. Most commonly, a restraining order or order of protection is used to protect the victim of a domestic violence situation from a perpetrator. There are many reasons why one may seek an order of protection.

You may want to consider contacting an attorney to guide you through the process as well as reaching out to a domestic violence advocate since it can be complicated and emotional.

In Ohio, the steps for obtaining a restraining order begin by visiting the civil clerk’s office and filling out the proper forms. You may also request a temporary (ex parte) order if you feel you are in immediate danger or need immediate protection. Once you file your paperwork, the court will present it to the judge assigned to the case, who may then request an ex-parte hearing to question you regarding the petition and gather additional information regarding your circumstances. If the judge determines that a restraining order is appropriate, a court hearing will be set, and a copy of the petition, as well as notice of the hearing date, will then be served to the perpetrator.

On the day of the hearing, you must attend the hearing and request that the temporary restraining order be converted into a Civil Protection Order, which will be effective for five years. Failure to attend this hearing by the accuser may result in the expiration of the temporary restraining order in place. If the accused does not attend the hearing, the judge may grant the CPO or reschedule the hearing.

When involved in domestic violence or harassment situation, you must document every incident as thoroughly as possible. Keep a record of dates, times, and a detailed summary of your encounters with the perpetrator. Keeping a record will help the judge in deciding to approve your petition. It is important to contact an experienced domestic violence attorney to guide you through the process.

What is a Breach of Contract and Do I Need a Lawyer?

Tue, 11 Jan 2022 17:42:21 GMT

Most frequently divorce is the precursor to a child custody case. However, there is no need for pare nts to be married when custody and support are issues. Only established paternity is sufficient to determine parental obligations. Both divorce and child-custody are complicated and emotionally-charged proceedings. In addition to determining legal and physical custody of the child(ren), there are financial matters to consider; and when money is added to the equation, the stress can be overwhelming.

The job of the family law attorney is to negotiate custody and support arrangements, either during litigation or through mediation and a written agreement. The issue of child support takes into consideration both parental incomes, child care expenses, health insurance, and other factors. Child support covers more than just the bare necessities. It covers a broad range of expenses including entertainment and extracurricular activity expenses. Both parents are expected to contribute to the financial support of their child(ren).

Typically, most child support orders are fairly simple and an income calculator can be used to determine support obligations. In more complex cases, an order can designate specific expenses (or percentages thereof) to be paid by one parent or “earmark” monies to cover certain expenses. As parental and life circumstances change, the child support agreement may need to be revisited and modified. Having adequate and experienced representation in these cases is paramount to a fair and agreeable outcome.

Due to the sensitive nature and complexities involved in custody and support proceedings, it is advisable to consult a family law attorney in any case. The input provided by an objective and experienced attorney will help ensure the best outcome for the child.

What is Considered Harassment?

Mon, 10 Jan 2022 20:37:01 GMT

Harassment is any behavior towards an individual (or group of people) that makes a reasonable person feel uncomfortable, humiliated, or otherwise mentally distressed. Harassment can be physical or verbal and does not need to be overt. It can be suggested or implied. Typically a single isolated incident is not considered harassment.

There are seven common types of harassment:

Domestic violence occurs within a domestic setting such as a residence and generally between related or cohabitating persons.
Elder/Dependent Adult Abuse often happens in a situation in which a caregiver is responsible for the wellbeing of an elderly person or another person who requires assistance.
Workplace violence/harassment occurs in a professional or workplace setting between coworkers or colleagues.
Sexual harassment includes unwanted sexual advances or comments.
Civil harassment includes acts where the perpetrator and victim don’t have a close established relationship. Civil harassment often involves threats of violence.
Criminal harassment is similar to civil harassment but includes threats to certain groups with protected rights, such as LGBTQIA+ groups or religious groups. Hate crimes often fall under criminal harassment.
Cyberbullying/cyberstalking involves the use of electronic communications such as email or social media to terrorize or otherwise intimidate an individual.

From a legal standpoint, two things are typically taken into account when reviewing a harassment lawsuit:

The accuser’s behavior and intention.
The repetition and severity of the accuser’s actions.

Harassment can often be difficult to detect or identify. Sometimes an individual may not even realize they are engaging in harassing behavior. Education and training play an important part in preventing harassment.

If you feel you are being harassed or have been accused of harassment the lawyers at Hoover Kacyon, LLC., are dedicated to supporting our clients. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.

How Do I Get Legal Help For Domestic Violence?

Thu, 23 Dec 2021 20:29:27 GMT

Domestic violence happens more often than most are aware of. One in three women have experienced some form of physical violence by an intimate partner. Furthermore, one in four men have experienced some type of domestic abuse as well.

Domestic violence charges stem from an act of violence or the threat of violence to a family member or household member. This charge includes a range of behaviors (e.g., slapping, shoving, pushing). The seriousness of the matter could be less as a misdemeanor or more as a felony, depending on the circumstances.

There are many resources available to victims of domestic violence; national hotlines and programs are available and local shelters and advocates. There are also attorneys and law enforcement officers who assist with this matter. If you feel you have been a victim of domestic violence, you should reach out to one of these resources immediately. The most important first step is to get away from your abuser and obtain a restraining order.

The most dangerous time for a victim is when leaving their abuser. When choosing to leave an abuser, surround yourself with others for support and protection. Before leaving, speak to an attorney to understand your rights and any laws that may affect you if you are taking your children.

After leaving and securing your safety, speak with an attorney regarding the next steps. Law enforcement may need to be contacted, criminal charges may need to be filed, and you may want to begin divorce proceedings. Having a knowledgeable attorney sensitive to your situation will be imperative.

Conversely, having a knowledgeable defense attorney is critical if you face a domestic violence offense charge. A conviction of charges can result in incarceration, losing the ability to possess or own a firearm, and fines. It may affect your ability to find employment. If children are involved, access to them could be affected.

https://ncadv.org/STATISTICS

What do I need to know if I want to purchase a business?

Thu, 16 Dec 2021 17:42:46 GMT

Purchasing a business is an appealing idea to some. Owning a business allows you to work for yourself, set your schedule and have flexibility. Every year more than half a million businesses exchange hands. Buying an already-established business can save you time and money over starting a new business, but it still comes with its own set of complications.

When considering buying a business:

Decide what kind of business you would like to own. Do you have specific knowledge, skills, or passion for a particular subject? You want to make sure that in the long run, this will be beneficial and sustainable.
Find businesses for sale. Find a business that fits within your list of needs, wants, and budget. You can also contact a local real estate agent or business broker to see what is available. Ask colleagues, friends, and family if they can keep their ears open too.
Determine why the business is for sale. Is the business profitable for the current owner? Why or why not? Evaluate all the pros and cons of purchasing a particular business. It is also important to ask a lot of questions and keep a journal of meetings so you can evaluate.
Gather as much information as possible. Ensure all necessary licenses, permits, and other business documents are in order and up-to-date. Double-check zoning restrictions and environmental regulations you must follow. Make sure to dive in deep and look at the finances.

While there are many tasks and documents, a potential business owner can undertake on their own using the extensive online resources available. Many of these items can seem overwhelming, or hard to digest, you should consider talking to a business attorney so you make the best decision.

A business attorney can advise you on the terms and conditions when purchasing a business. They can help you draft the necessary documents you need to obtain or transfer a business license, as well as any other documents or annual reports you may need to file with State and Federal agencies.

Deciding to purchase a business is an emotional and financial commitment. You want to be sure you are protected as much as possible if anything goes wrong with your business deal. If you believe you need to talk to an attorney regarding the setup of a business, business litigation, contract formation or litigation, or any other commercial or corporate law needs, contact our office at 330-922-4491 or through our contact page to schedule an initial consultation.

How do I get started with surrogacy?

Wed, 08 Dec 2021 17:55:02 GMT

When we decide to start a family, we often don’t consider it may be difficult or impossible to conceive. Infertility is defined as the inability to get pregnant after one year or longer. In the United States, about 12% of women 15 to 44 have difficulty getting pregnant or carrying a pregnancy to term. Many factors can contribute to infertility, such as a woman’s age, hormonal imbalances, genetic disorders, among others.

Fortunately, there are options available for those who want to start a family but have infertility issues. Surrogacy is the process of conceiving wherein a woman chooses to carry a child for a second party who will become the child’s parents following the birth. Surrogacy costs vary from state to state, but the process is expensive, with prices averaging from $60,000- $125,000.

When considering surrogacy, the best place to begin is by speaking to a surrogacy professional, either an agency or a surrogacy attorney. Whether you are a prospective parent or a potential surrogate, they can help you understand the process involved in surrogacy. They can explain the emotional pros and cons, and guide you to the best legal professionals for your situation.

You will then need to determine the type of surrogacy you would like to pursue. There are two types of surrogacy. With traditional surrogacy, the surrogate is also the biological mother of the child she carries. In gestational surrogacy, the child is not biologically related to the surrogate mother. Gestational surrogacy often requires additional medical procedures for fertilization and implantation.

You will then need to be matched. Once you establish a match, you need to layout the terms and conditions of the arrangement in a contract. Monetary compensation will be established, as will the behavioral expectations of the surrogate mother. An experienced surrogacy attorney can draft the required documents and provide guidance to ensure you and your rights are protected.

If you are considering surrogacy, choosing the right surrogacy professionals to work with is one of the most important decisions you can make. Don’t settle for the first agency or attorney you contact. Be sure you choose people you feel comfortable with and trust.

https://www.cdc.gov/reproductivehealth/infertility/index.htm#:~:text=About%206%25%20of%2 0married%20women,to%20term%20(impaired%20fecundity).

https://surrogate.com/intended-parents/the-surrogacy-process/how-much-does-surrogacy-cost/

What Does Being Separated Mean?

Mon, 29 Nov 2021 17:58:50 GMT

It’s not an uncommon scenario in a marriage for two people to realize that they are no longer in love or that they have grown apart and the relationship is no longer working for them. Some couples may immediately seek a divorce, whereas others may consider separation as a way to “take a break.” But what does being separated really mean?

Separation is not the same as divorce. To distinguish the difference, we must remember that a marriage is a legal contract between two people. Historically, marriages were arranged, and their purpose was to create relationships that benefited a family through exchanges of property, money, and titles. A divorce dissolves a marriage legally and voids the contractual obligations between the parties. A separation, however, means that while the two parties may not be “together,” the legal contract between them is still valid.

There are three types of separations:

In a trial separation, couples typically live separately while deciding whether or not to get a divorce. The possibility of reconciliation may be on the table, and couples may choose to live apart, seek counseling, or work towards independence from their spouse. During a trial separation, you are still legally married to your spouse, and all marital property laws still If you and your spouse decide on a trial separation, it is a good idea to write down a separation agreement between you. This agreement is informal and not legally binding, but it can influence court decisions during divorce proceedings if you and your spouse decide to end your marriage. Statistics show that almost half of all first marriages end in divorce and that 87% of couples ultimately choose divorce after a separation.*

Permanent separation is when you and your spouse separate and live apart but have no intentions of reconciliation. There are various reasons people may choose to be permanently separated, including insurance and property rights. Laws involving property rights and obligations during a permanent separation vary from state to state, but usually, each spouse is responsible for their own debts and assets once they are It is also important to note that you cannot remarry without first seeking a divorce because you are still legally married to your spouse.

A legal separation is very similar to a divorce. It is a court process in which property you address rights and custody issues, but you are still legally married to your spouse. Again, you will not be able to remarry without first seeking a legal divorce.

If you are considering a separation or divorce , you should speak with an attorney to have a complete understanding of which option may be the best for your situation. Please contact our Akron divorce attorneys to make an appointment to discuss your situation. If you have already been served with divorce papers by your spouse, you need to retain an attorney immediately, as you need to meet court-required deadlines. Call us at 330-922-4491 or contact us online to schedule you for an initial consultation immediately.

Drive Sober This Holiday Season

Mon, 15 Nov 2021 20:26:38 GMT

Holiday festivities will be abundant in the following months. Holiday parties and alcohol go hand-in-hand. Alcohol sales in the U.S. spike during the holidays. In 2020 in Ohio, annual alcohol sales increased by 19% from 2019, and while that is a dramatic increase, it continues to follow a historical trend.*

With increased consumption comes an increased concern for impaired drivers. Even just two drinks can affect your judgment, and that could come at a hefty cost for you or someone else.

Many factors can affect your BAC (Blood Alcohol Content), including gender, ethnicity, weight, and alcohol tolerance. Unless you have the proper testing equipment, there’s no precise way to tell if you’re over the legal limit.

In all states, the BAC limit for alcohol in drivers is 0.08%; anything between 0.02 and 0.08 is considered “buzzed” driving. And while it may not be illegal, it is still not safe.

*https://www.nhtsa.gov/campaign/buzzed-driving

In Ohio, in 2020, there were 1,153 fatal crashes which resulted in 1,229 deaths. Of those fatal crashes, 637 were OVI-related and killed 685 people, and OSHP removed 16,529 impaired motorists.

Be safe this holiday season. Uber, Lyft, taxis, friends/family; there is no shortage of safe ways to get yourself home. If you choose to drink, commit to finding a safe alternative to driving, and don’t let others drink and drive.

If you have a recent DUI or OVI charge, call our Akron attorneys at 330-922-4491 immediately to schedule an initial consultation. You can also fill our contact form, and someone from our office will respond to your inquiry.

https://www.cantonrep.com/story/news/2021/01/26/ohio-liquor-sales-rose-record-247-million-2020-during-pandemic/4177558001/

https://www.statista.com/statistics/805026/beer-wine-and-liquor-store-sales-us-by-month/

https://statepatrol.ohio.gov/doc/2020_OperationalReport_Final.pdf

How Do I Create an LLC?

Wed, 10 Nov 2021 20:33:21 GMT

There are many reasons you may want to form a business. People oftentimes get excited about a new business venture, however, there are things to know first. Forming a business keeps business debts separated and can protect your personal assets in the event the business is sued. Our team of business lawyers can help you select the type of business entity that will both protect you from personal liability for your company’s debts and give you the best possible tax treatment.

There are several types of business organization formations:

Sole proprietorship
Partnership
Corporation
Limited liability company

As business attorneys, we also consider issues of ownership, and how new owners can be added or old owners be bought out as well as what happens if your partner dies, or gets divorced. Whatever your reason to begin a business, you need to know what type you want to create and how to form that business properly.

Each type of structure comes with its own set of rules, regulations, and benefits. The most common type of business organization is a Limited Liability Company (LLC). Its general purpose is to keep the owners’ assets separate from the business.

The steps to forming an LLC include:

You will need to decide on a business name and make sure it is not being used by another company.
Create a designating registered agent. A registered agent is a person or entity that receives official documents for the business.
Your business will want to obtain and file Articles of Organization from your state. This action establishes your business as a legal entity.
Make sure to create an Operating Agreement. While your state may not require it, it is a good idea to draft one. An operating agreement lays out the financial, legal, and management rights of all members of the LLC and includes information about how to distribute company profits.

You should consider hiring a business attorney who can walk you through the process above. A business is a legal entity, and you want to be sure you clearly and completely understand the implications and obligations in forming one.

If you believe you need to talk to an attorney regarding the setup of a business, business litigation, contract formation or litigation, or any other commercial or corporate law needs, contact our office at 330-922-4491 or through our contact page to schedule an initial consultation.

What is a Trustee?

Tue, 09 Nov 2021 20:39:04 GMT

To understand the roles and responsibilities of a trustee, it is essential first to understand what a trust is. A trust is a legal document that gives another person or entity the authority to make certain decisions on the grantor’s behalf. Unlike a will, it can go into effect as soon as it is written, which means the person designated as the trustee may begin making those decisions while the grantor is still living. These directives are often related to the distribution of finances and assets.

There are four primary parties involved in the formation of a trust.

The grantor is the person who creates the trust, and for whom the trust is for.
The trustee is the person named by the grantor to manage the assets included in the trust.
The successor trustee is the person who will take over the management of the trust in the event the original trustee is no longer able or willing to manage the trust.
The beneficiaries are the recipients of the assets of the trust when the grantor dies.

A trustee is responsible for safeguarding the trust’s assets, and you are required to do so in accordance with the trust’s instructions. Some examples of the trustee responsibilities include:

Separation of the trust accounts and trustee’s personal accounts
Unless authorized by the trust, you are not allowed to use trust assets for your own benefit
Trust beneficiaries are to be treated equally
Conservative investment of trust assets
Keeping detailed and accurate recordkeeping as well as updated reporting to beneficiaries
Filing appropriate tax documentation with the appropriate authorities

This list may seem like an overwhelming responsibility for one person to manage; however, many resources are available to help trustees manage a trust. The experienced estate planning attorneys at Hoover Kacyon LLC are ready to help you plan for the future. Our will and trust lawyers can help you understand and clarify the estate planning documents as well as your roles and responsibilities as a party involved with a trust.

What Should I Do If Someone Broke into My House?

Fri, 29 Oct 2021 20:41:38 GMT

If you have had the unfortunate experience of having your home or other property broken into, the first thing you should do is get to a safe location and contact the police. If the intruder is still in your home, do not attempt to confront them. If your home is secure, do not touch or move anything. You may want to take photos or videos of any damage, but moving things may alter or even destroy evidence or fingerprints that police may need to help with the case. Be sure you have located any family members or pets to ensure they are also in a safe place.

Once the police have collected evidence and you file a police report, you will need to obtain a copy of the police report to file a claim with your insurance company. Additionally, you may want to keep any damaged items if the police did not remove them for evidence. You may need to keep them as part of the documentation for your insurance claim. You will also want to make a detailed record of any items missing or damaged.

Contact your bank, creditors, and other financial institutions. Even if none of your credit cards or additional identifying information appears to be missing, a thief may have taken a photograph and can now use that information. Identity theft can wreak havoc on your life. It is better to take precautions than a wait-and-see approach.
Let your neighbors know. Break-ins tend to happen to multiple homes within close proximity to each other. By communicating, you can help prevent the same incident from happening to someone else.
Finally, you should consider your home’s security. You don’t want to fall victim to another break-in. It may be worth considering investing in a home security system or developing a routine to check your home for places that may be vulnerable to gaining easy access by an intruder.

If you have been a victim of any crime, you should consult with an attorney. An attorney can provide guidance and advice regarding criminal and civil proceedings. Having representation can help simplify these complicated and sometimes confusing proceedings and ensure you have someone competent and knowledgeable fighting for you and protecting your rights.

What Should Be Included in a Will?

Tue, 19 Oct 2021 20:44:08 GMT

A will is a legal document that provides instruction on how to distribute one’s estate and assets posthumously. In the case where no will exists, a court will decide how to distribute your estate. It is also important to note that each state has its own set of laws that govern the requirements of a valid will. You should remember to update your will periodically to reflect your current state of affairs accurately.

Things to include in a will are:

Personal information, including any alias you may use as well as the names of your family members.
Testamentary intent is the legal language declaring what the document is, and it is required for the validity of the will.
Assets and beneficiaries. Your will should have a detailed inventory of your property and assets, as well as how they should be divided and distributed among those you name as beneficiaries.
Appointment of executor. The executor is the person responsible for carrying out the terms of your will.
Appointment of guardian; if you have minor children who will need to be cared for following your death.
Signatures of the testator and witnesses. Witness signatures are typically required to affirm that you were of sound mind when you signed the will.

A will does not cover everything, so it is advisable to look into the other estate planning tools available to you. Documents such as a living will, or power-of-attorney may prove to be invaluable when protecting yourself and your property. Consulting with an estate planning attorney can give you the peace of mind you need to ensure that your final wishes are carried out in a manner deemed acceptable to you. It can also save your loved ones years of expensive court battles over your estate once you’ve passed.

How Do I Divide My Business in a Divorce?

Thu, 14 Oct 2021 20:48:26 GMT

Divorce can be a difficult proceeding generally, but it is even more difficult when you add in the complexities of dividing a jointly owned business. How will it be dealt with fairly? The first things to consider are the value of the business and which spouse had greater involvement with the business or was involvement equal?

In most cases, a court will award the business to the party most involved with the business. However, it also means that the other party needs fair compensation for their involvement. This stage is where the valuation of the business needs to be determined. Usually, a CPA or ABV evaluates all of the business’s financial information, and future financial income may also be a factor in determining fair compensation. The court may also determine that an audit is necessary to ensure the validity of the valuation results. This determination is especially important if there is concern that one party is attempting to hide information that would make the business appear more or less valuable than it is.

Suppose involvement in the business is equally shared, and both parties can demonstrate the ability to maintain a civil working partnership. In that case, a court may rule that it continue to operate jointly. In cases where neither party wants to keep the business or where the business assets cannot fairly compensate the other party, a court may rule that the business be sold and the proceeds from the business divided.

The reality is divorce is complicated, and owning a business is also complicated. When the two are intertwined, it creates an even bigger complex and lengthy process. It is essential to consult with an attorney experienced with divorces involving businesses to ensure the fairest possible outcome.

If you are interested in legally ending your marriage or would like to discuss your rights, please call our Akron divorce attorneys to make an appointment to discuss your potential divorce. If you have already been served with divorce papers by your spouse, you need to retain an attorney right away, as you need to meet court-required deadlines. Call us at 330-922-4491 or contact us online to schedule you for an initial consultation immediately.

Why Would Someone Need a Cease and Desist?

Thu, 07 Oct 2021 21:03:01 GMT

Cease and desist letters can be helpful for a number of reasons but the most common include:

Infringement of intellectual property: This can be copyright, trademark, or
Debt collections: If a person is getting excessive phone calls from a debt collector, a cease and desist letter can help stop them from harassing However, this does not mean the person no longer owes the debt.
Slander and libel: Both slander and libel are causes of defamation. Slander is verbal or oral defamation, whereas libel is Both may cause harm to a person or a person’s business, especially when the statements made are untrue. A cease and desist letter may not only stop someone from continuing their actions but they can also be asked to retract or take back what was already said/written.
Harassment: Most likely, if someone is being harassed, a better course of action is to request a restraining order, especially if the harasser is likely to become violent. However, if physical harm or other retaliation is not a concern, a cease and desist letter may be an effective way to get them to stop their harassment.

A cease and desist letter is a useful tool as a first step action that can stop someone from causing damage to you or your business. If the party continues its activities, a cease and desist letter becomes an important document in your legal proceedings. It shows the court that you attempted to resolve the issue before seeking legal recourse.

Contact our office if you:

believe you need to talk to an attorney regarding a cease and desist letter that you have
have questions regarding writing a cease and desist
need to consult an attorney regarding a lawsuit or other

Reach us at 330-922-4491 or through our contact page to schedule an initial consultation.

The Common Car Accidents and How to Avoid Them

Mon, 04 Oct 2021 23:30:16 GMT

Car accidents can happen to anyone at any time. In Ohio, over 38,000 motor vehicle crashes have been investigated this year. The aftermath of an accident can start to get expensive. You may have been charged with a criminal offense, and you need to pay fines or hire an attorney. Likely there will be vehicle repair bills to fix the damage to your vehicle, and you may need to rent a new vehicle while yours is being repaired. You may have sustained injuries resulting in medical bills or lost days at work. Insurance claims may take months to settle. In some cases, the at-fault driver may not even have insurance. Many people may not be financially able to bear the burden of these kinds of unexpected expenses.

While it is not a guarantee, the surest way to avoid a costly vehicle accident scenario is to drive safely. Here is a list of common car accidents and tips for how to avoid them:

1. Rear-end collisions

Maintain proper distance.
Avoid distracted driving.
Don’t drive when you are impaired, such as under the influence or when drowsy.

2. Parked car accidents

Avoid parking in high traffic areas.
Park in the center of a designated parking spot.
Use parking garages when possible.

3. Single vehicle accidents

Drive at proper speeds for road and weather conditions.
Keep your eyes on the road.
Don’t drive when you are impaired.

4. Windshield damage

Maintain proper distance from vehicles in front of you, especially snowplows.

5. Intersection accidents

Avoid distracted driving
When you have the green light, check the intersection before proceeding through

6. Vehicle Theft

Avoid leaving valuables in your vehicle
Park in well-lit locations

7. Backing collisions

Avoid parking situations that force you to back out
Be extra mindful of surroundings when backing up, check your mirrors often
Invest in a backup camera

Even the safest drivers can be in accidents. If you have been charged with a crime in a vehicle accident or if you have sustained injuries from a vehicle accident, contact the attorneys at Hoover Kacyon, LLC. We are dedicated to supporting our clients. We deliver the highest quality legal representation from a team of injury professionals while also providing excellent customer service.

Call us at 330-922-4491 or contact us online so to schedule you for an initial consultation.

https://www.statepatrol.ohio.gov/statistics/default.asp#gsc.tab=0

My Husband Passed Away. What Do I Do Legally?

Mon, 27 Sep 2021 23:20:44 GMT

You are currently viewing My Husband Passed Away. What Do I Do Legally?

When a loved one, especially a spouse, passes away, it can be emotionally overwhelming. Many decisions need to be made in a short period of time. However, proper preparation can lighten the burden. Asking a trusted friend or relative to help manage affairs during this time can also help alleviate some of the stress.

Don’t make any life-changing decisions. Making major financial or life-altering decisions should not be made while you are grieving. It is best to wait until you’ve had time to process your grief and can make more logical decisions.
Request copies of the death certificate. You will need official records for filing insurance and other benefits claims and for updating account information.
If applicable, speak with your spouse’s employer. You may be eligible for benefits provided through your spouse’s employer. If you or any family members are covered under your spouse’s medical insurance, you will want to determine the details regarding future coverage.
Call your spouse’s insurance company and file a claim. Be sure you understand the benefits and claims process.
Does your spouse have a will? If your spouse has a will, you will need to contact an attorney to begin probate proceedings.
Gather financial information. You will want to have an accurate picture of your financial situation.
Update bank accounts and cancel credit cards. You will also want to update any other accounts, like subscription services associated with your spouse’s name.
Contact government agencies. You will want to find out what survivor benefits you are entitled to through Social Security as well as military benefits if your spouse was a veteran.
Change emergency contact information. Any person with your spouse listed as an emergency contact will want to ensure they have a new point of contact on file.

Proper preparation of an estate plan is essential and can help relieve some of the hardship and decision-making when you or your spouse passes away. The experienced estate planning attorneys at Hoover Kacyon LLC are ready to help you plan for the future. Our will and trust lawyers can help you by drafting the estate planning documents you need to ensure that your wishes regarding your property and assets are transferred to the people you desire.

I’m Ready to Adopt; What’s the First Step?

Tue, 21 Sep 2021 23:17:09 GMT

Congratulations! You’ve decided to adopt, but what do you do now? The best thing you can do is likely the same thing you’ve been doing… research: lots and lots of research. Many decisions must be made when adopting; doing research, finding support, and learning what has and has not worked for others can be invaluable for your adoption process. Likely there will be topics you didn’t even think to consider. Doing your due diligence can give you a more realistic picture of what to expect and help you find support when you need it during the process.

The next step is deciding who you want to work with for the duration. You are going to want to make a decision on an adoption agency as well as an attorney. Adoption agencies help facilitate the adoption process and provide services to place children with families to ensure a safe and successful union. Those services include matching services, in-home studies, counseling and education, document preparation, and post-placement visits. Not all adoption agencies are the same. They have varying adoption requirements and pricing structures for the services they provide. In addition, adoption attorneys are required for every adoption proceeding and are there to work in conjunction with the adoption agency and guide you through all of the complicated, state-specific legal processes to ensure a secure and ethical adoption as well as overseeing financial matters. With both attorneys and agencies, be sure you visit with several before choosing the one that’s right for you and your situation.

Next, you will complete an application for the adoption agency. They will probably require a home study. A home study evaluates your home for the emotional and physical environment to determine if your home meets the agency’s criteria for placing a child within the home. The home study may also include required counseling to ensure you are as prepared as possible for the process. Once approved, the agency will then work to find a suitable match. Be prepared to wait. It can take months or even years, depending on your child’s preferences.

Once a match has been made, the legal processes begin. Often there is a probationary period to ensure that the placement is compatible for both the child and the prospective home. During this period, home visits and reporting to the court will be necessary. Additional paperwork will need to be completed to finalize the adoption.

If you are considering adoption in any capacity, choosing the right adoption professionals to work with is one of the most important decisions you can make. Don’t settle for the first agency or attorney you contact. Be sure you choose people you feel comfortable with and trust.

What Should You Include in a Prenup?

Tue, 07 Sep 2021 23:05:54 GMT

While a prenup may not be the most romantic topic of discussion, a marriage is a legal contract between two people; and it is important to be sure you are protected when you enter into any legally binding agreement. A prenup should be viewed in the same light as a will or any other asset planning tool, in that it is simply a way to help plan for your financial future.

Once we move past our preconceived ideas about what a prenuptial agreement is or represents, we can objectively consider what it should address. Some things you may want to be sure to address in a prenuptial agreement include:

Premarital assets and debts: Assets and debts that each individual acquired prior to entering into marriage. These acquisitions might include vehicles or other property and debt such as credit cards or student loans.
Children from a previous relationship: You may want to be sure there is a plan laid out for how to provide for those children or how to convey any inheritances if you and your current spouse are no longer married.
Marital assets and debts: This is important especially if you intend to incur certain assets or debts but keep them separately.
Marital responsibilities: These are not things such as chores, but the expectations from each other from a financial standpoint.
Career Life: You can describe what the expectations are with regard to work and income in addition to the expectations if certain scenarios arise during the course of your marriage.
Family property: Make sure to address items such as heirlooms should, especially if the assumption is that the other party will return any family property upon disillusionment of the marriage.
Property division in the event of a divorce: This part of the agreement is essential, especially if there is a business involved.

It is important to discuss a premarital agreement as a way to protect both parties. Once a marriage has entered into a separation or divorce phase, emotions are elevated, and often times it is difficult to view things objectively. Hashing out the details of a prenup before finding yourself in the midst of an emotional swamp could save many headaches and frustrations in the long run.

If you are interested in learning more about prenuptial agreements or would like to discuss your rights regarding marriage and divorce, please call our Akron attorneys to make an appointment. If you need to retain an attorney immediately, as there are court-required deadlines to meet, call us at 330-922-4491 or contact us online to schedule you for an initial consultation.

Is It Considered Assault If I Was Defending Myself?

Tue, 24 Aug 2021 22:58:14 GMT

In Ohio, assault is defined as recklessly or knowingly causing or attempting to cause physical harm to another. The act of self-defense is, by its very nature, not reckless. Therefore, self-defense is not considered assault.

Self-defense is a common defense used in cases involving allegations of assault and battery. A knowledgeable attorney will understand how to present evidence of a threat or unlawful use of force to establish the need for self-defense. Not all threats need to involve a physical altercation. Sometimes a verbal threat or the implication of harm can validate the use of self-defense. The threat may not even necessarily be directed at you; it could be directed at a loved one or another person involved in the situation.

The waters of a self-defense alibi can be muddy. For instance, was there an opportunity to safely remove oneself from the situation without needing confrontation? What determines if there was a threat or if that threat was valid? There is a lot of room for interpretation in these types of cases, and they are often complicated due to the situation-specific factors involved.

Being charged with a criminal offense can be stressful and confusing. The first step you should take if you have been charged with a crime in the state of Ohio is to contact an experienced attorney who can represent and guide you through the legal process. Your attorney will work on your behalf to ensure the most favorable outcome for you.

Conviction of any crime can have lasting effects on your freedom and rights. While a misdemeanor crime may be penalized by fines, community service, and court-ordered counseling, being convicted of a felony can result in imprisonment, loss of voting rights, the right to own a firearm, or even lifelong registration as a sexual offender. All of which can have farther reaching effects on your future rights, relationships, and even your employability.

Whether you have been charged with a misdemeanor or a felony crime, the lawyers at Hoover Kacyon, LLC., are dedicated to supporting you. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.

3 Ways to Help Your Friends Avoid a DUI Arrest This Summer

Tue, 17 Aug 2021 22:52:25 GMT

During the summer months, it’s wonderful to get together with friends for a backyard BBQ or a pool party and having a few drinks. It’s always important to remember that drinking responsibly should also be part of the fun.

Here are some helpful tips to prevent your friends or even yourself from getting a DUI/OVI this summer.

The first responsible rule of drinking should be, don’t drive. In Ohio, in 2020, there were 685 fatalities involving Operating a Vehicle Impaired (OVI). An OVI conviction can be more than just financially costly. It could cost you your job or even custody of your children. The stakes are too high when operating a vehicle impaired. Just don’t do it, and don’t let your friends do it either. If you’re hosting, offer to call Ubers/Lyfts/cabs for intoxicated guests, and don’t be afraid to ask your guests to hand over their keys.

Provide options: Be sure you include non-alcoholic beverage choices. Offer guests who appear to be over-imbibing a bottle of water. Make sure to have food since this helps the body absorb and digest alcohol.

Communicate: Be sure your guests know before they begin drinking what the expectations are and that you will not tolerate intoxicated driving. Ask your guests how they intend to get home safely and look out for one another.

A DUI conviction on your record can have a lasting damaging impact on your life. It could result in jail time, fines, the loss of your job, increased insurance rates, as well as many other hardships. Be safe this summer. If you choose to drink, commit to finding a safe alternate way home and don’t let others drink and drive.

If you have been pulled over for a DUI/OVI, be sure you know your rights

Contact our office to schedule an initial consultation if you have recently been charged with a DUI or OVI and need immediate legal representation in the Akron, Canton, or Summit county area. Our Akron criminal and traffic law attorneys will work with you to address your specific situation and come to the best possible resolution in your criminal or traffic allegation. Please call our office at 330-922-4491 or fill out our contact form .

Independent Contractor or Employee: Know the Difference

Wed, 11 Aug 2021 22:49:11 GMT

Business owners need to understand the difference between individuals providing services as an employee or an independent contractor. If an individual is an employee, you (as the employer) are responsible for paying and withholding taxes for wages paid to an employee. With independent contractors, the individual is responsible for paying their own taxes. Most independent contractors will receive a Form 1099 at the end of the year, whereas employees receive a W-2.

The facts underlying an individual’s employment contract determine the relationship between the individual and the company utilizing the employee’s services. State laws typically establish the criteria for identifying the employment designation.

The Ohio Administrative Code1 helps to define the criteria used to determine if a party is an independent contractor, which includes:

The worker does not appear on a public employer’s payroll.
The worker must provide their supplies and equipment and supply and pay for their assistants.
A worker who is not controlled or supervised by the company’s personnel.

The Ohio Revised Code2 also establishes criteria for what defines an employee, including:

The worker is required to have specific training.
The worker is hired, supervised, or paid by the contracting party.
The contracting party sets the worker’s hours.
The contracting party provides the worker’s tools and materials.

However, it is not just for tax purposes that understanding the difference between an employee and an independent contractor is essential; it is also vital for insurance and worker’s compensation. As with many business dealings, it could end up having costly repercussions if not properly understood. Speaking with a competent business attorney could save you from legal and financial woes later on. It is crucial to choose an attorney you trust and feel comfortable with and one who understands your business.

If you believe you need to talk to an attorney regarding the setup of a business, business litigation, contract formation or litigation, or any other commercial or corporate law needs, contact our office at 330-922-4491 or through our contact page to schedule an initial consultation.

https://codes.ohio.gov/ohio-administrative-code/rule-145-1-42

Find a full list and definitions at: https://codes.ohio.gov/ohio-revised-code/section-4123.01.

What Are Your Rights As a Father When Not Married?

Wed, 04 Aug 2021 22:46:43 GMT

If you are an unwed father, the first thing you should know is that it is imperative to your legal parental rights to establish the paternity of a child. Without confirmed paternity, a court will often not recognize your rights to visitation, custody, child support, or your rights to make decisions on behalf of your child. In Ohio, if you’re not married when your child is born, your child does not have a legal father. The Paternity Establishment Program focuses on ensuring children have legally recognized fathers. There are several ways to establish paternity. The simplest is to have the father’s name listed on the child’s birth certificate or for the father to complete a Voluntary Acknowledgment of Paternity Affidavit. A paternity test can be administered to confirm paternity if there is uncertainty regarding the child’s paternity.

There are many benefits to establishing paternity.

Identification
Medical history and access to health insurance
Support
Access to benefits such as social security and life insurance
Creates a legal relationship between the parent and the child

Once paternity has been established, an unwed father has the same rights as a married father. He is entitled to custody rights if he and the mother are raising the child separately. He is subject to paying or entitled to receive child support, depending on the custody arrangements.

A marriage certificate creates a legally binding relationship between two people. When those two people have children, the children are inherently a part of that relationship. When unmarried people have children, there is no underlying legal relationship to establish a legal relationship with the child. Therefore, the rights of unmarried fathers can often become more complicated to establish than those of a married father.

Due to the sensitive nature and complexities involved with family court proceedings, it is advisable to consult a family rights attorney in any case. The input provided by an objective and experienced attorney will help ensure the best outcome for the child.

https://www.oh-paternity.com

What to Do Once You Have Been Arrested in Summit County, Ohio

Tue, 27 Jul 2021 22:42:37 GMT

Being arrested is a high-stress situation that has the potential to escalate quickly. If you have been arrested, the most important thing you can do is control your behavior. Stay calm and do not express aggression towards a law enforcement officer. Follow instructions, be cooperative, but know your rights.

Here is a quick list of your rights:

You have the right to remain silent: You do not have to answer any questions beyond identifying yourself. This right includes any questions about your prior whereabouts or travel plans, where you were born, and your citizenship status. If you choose to answer any questions, do not lie or give false information.
Ask to See a Warrant: You do not have to consent to a search of your home or belongings without a warrant. An officer may pat you down if they suspect you have a weapon, and they may obtain a warrant or proceed to search your property without your consent. However, voicing your objection to a search may help you during later legal proceedings. If a search is conducted, do not interfere.
Pay attention: Keep your eyes and ears open while you’re being arrested, and try to remember every detail that led up to your arrest. If something went wrong, like violating your rights, you’ll need to tell your attorney about it later.
You have the right to an attorney: As soon as you get a chance, write down everything about your arrest. Include in your notes: what led up to your arrest, who saw your arrest or was with you when you were arrested, what police said during your arrest, what questions police asked you, and why police told you that you were being arrested. Should you decide to hire a lawyer they will ask you all these questions as well.

If you have been arrested, you should call an attorney immediately. You should not sign or make any statements until you have an attorney present to help protect your rights. Often in high-stress emotional situations, even the best intentions to cooperate can have damaging consequences.

If your encounter with law enforcement results in your arrest or if you feel your rights were violated during an encounter, contact the lawyers at Hoover Kacyon, LLC. We are dedicated to supporting our clients. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service.

What to Look for in a Contract

Mon, 26 Jul 2021 22:38:00 GMT

As a business owner, it is vital to review every contract that you enter into thoroughly so that you are fully aware of each parties’ obligations as well as the consequences if the terms and conditions of the agreement are not met. If you are not comfortable with the contract terms, a contract review will help identify and modify the contract before it is signed. When reviewing a contract, there are some items that you should look for:

Key Clauses & Terms – Terms such as confidentiality, indemnification, termination, dispute resolution, disclaimers, payment terms, and warranties are some of the standards that deserve special attention.
Termination & Renewal Terms – You want to be sure you understand these clauses to know how the contract can be terminated or so you don’t miss an opportunity to renegotiate or cancel the contract.
Clear Language – You want to be sure all of the languages in the contract are clear and straightforward. Unclear or ambiguous language may be subject to interpretation and could be the deciding factor of a contract dispute.
Blank Spaces – Because many contracts are boilerplate templates, you should remove or complete any blank spaces. The contract should be complete and without any gaps prior to final signatures.
Default Terms – Default terms outline the consequences of breaching or failing to comply with the obligations in the contract.
Dates & Deadlines – Dates and deadlines lay out the timeline for the contract. Additionally, they are a useful planning tool for your business.

Contracts are an important part of a business plan. They help to protect you and your business. Having a full understanding of the agreement you are entering into is essential. Contracts are legally binding documents. As such, they can often contain complex terminology and clauses. It is advisable to consult with your business attorney to review your contract with you. An experienced attorney will be able to help you negotiate the best possible terms for your business.

When Do I Need to Change or Revisit My Parenting Agreement?

Thu, 15 Jul 2021 22:35:01 GMT

As family and personal circumstances change, it may be necessary to revisit your parenting plan to better accommodate your situation or your children’s needs. Some examples of when a parenting agreement may need to be modified include:

Move or relocation
New job or employment changes, including loss of a job or a change in work schedule
Remarriage
Changes that may affect the safety or well-being of the child(ren)
The current parenting plan is not working or being followed

Perhaps you accepted a new job in a new state, and the issues of visitation and child support payments need addressing. Maybe you were in a car accident and must modify the agreement because you need your ex-partner to take custody of the child(ren) while you focus on healing.

As with the original agreement, if you and your ex-partner cannot agree on the changes to the agreement, then a petition will need to be filed with the court to modify the agreement. In addition, a hearing will need to be set so each party can provide evidence as to why the agreement should or should not be changed. If the children are old enough, the Court may interview them to ensure that any modifications are in their best interest. The judge will then make a ruling, and the court will enter a new order.

Although a formal hearing may not be required, changes to parenting agreements need to be documented in writing. You will likely want to contact an attorney to ensure the changes to your agreement contain the proper language and provisions necessary to cover the circumstances. Any changes to the agreement will need to be approved by the Courts and legally incorporated into the original agreement.

If you feel you need to have your parenting agreement modified, you should talk to an attorney, ideally the one who helped draft the initial parenting plan. Your attorney can advise you as to the best course of action to achieve the most favorable outcome for everyone involved.

What to Consider When Having a Business Partner

Sun, 11 Jul 2021 22:29:22 GMT

When starting a business, one issue that may arise is whether to enter into a partnership. When considering partnering with another person, it is important to make a carefully considered decision. Rushing into a business relationship without properly vetting or considering your partner’s approach to business could be a recipe for disaster.

When contemplating the idea of a partnership, you want to ensure you go into business with a person you trust. You will want to run background checks and call references. Be sure that you are completely comfortable with your potential partner. You and your partner will want to discuss any potential issues that could arise later on. Discuss worst-case scenarios and how the both of you would handle those situations. Be sure you carefully read any documents before you sign them, and consider having your business attorney read them as well. Consulting with counsel can help protect you and your business from future lawsuits or intellectual property theft.

Once you have decided to form a partnership, it becomes crucial to lay the foundation for the specifics of the relationship:

Roles and responsibilities to be assigned
Decision-making authority will need to be clearly defined
Your agreement will also need to designate the time, money, and assets that each partner is obligated to contribute, as well as delineate the disbursement of profits and other compensation or losses.
Your agreement should cover which decisions require partners to be in unanimous agreement.
It is also important that your contract addresses the issue of dissolution or an exit strategy for the business in the event the partnership does not work out or if one partner decides to leave the business.
You may want to add several other potential provisions to your agreement for your particular situation, such as expulsion or non-compete provisions.

It is highly advisable that if you are considering entering into any partnership agreement, you consult with a business attorney who can address the unique circumstances of your business. Contractual language can often be full of legal jargon that you might find confusing. Contact an attorney to protect yourself before entering into any contract.

What You Need to Know for Same-Sex Adoption

Thu, 17 Jun 2021 22:25:29 GMT

Parenting is never a decision that should be taken lightly. Raising a child can be a difficult yet extremely rewarding experience. At some point in their relationship, most couples will have a conversation about whether they want children or not. Once the decision has been made to have children, the question then becomes in what manner you choose to become a parent. Some couples will choose a traditional pregnancy or opt for a surrogate, and some will choose adoption.

In 2015, the landmark Supreme Court decision in Obergefell v. Hodges gave married couples, including same-sex couples, the right to adopt. However, navigating the waters of adoption can be complex and difficult. In Ohio, a married couple files for joint adoption if the child does not biologically belong to one of the parents.

There are many agencies and resources available to help same-sex couples traverse the adoption process. Most processes involve extensive background checks, home inspections, and counseling. The process is time-consuming and may become frustrating.

Because adoption is a legal process, in addition to advocacy, same-sex couples will need to retain an attorney. Your attorney should be competent with Ohio adoption laws and sympathetic to the unique obstacles possible to encounter with a same-sex adoption.

If you are considering adoption and would like to discuss your rights, please call us to make an appointment. The lawyers at Hoover Kacyon, LLC., are dedicated to supporting our clients. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us to make an appointment.

Sources:

https://equalityohio.org/lgbtq-parenting-what-you-need-to-know-about-adoption/

https://www.lifelongadoptions.com/adoption-process/lgbt-adoption-process

Can I Buy A House In The Middle Of My Divorce?

Thu, 10 Jun 2021 22:22:19 GMT

When two people decide to get divorced, a common concern is where each person will live during proceedings. Typically, one person will continue to live in the marital home, and one person will move out. If you are the person who is moving out, what are your options as far as housing is concerned? You may choose to move in with a relative or a friend or rent an apartment or home until your divorce is finalized. However, you may encounter an opportunity to purchase a new home, but should you? How will buying a new home affect your divorce? You need to consider several things if you are in the midst of divorce proceedings and considering purchasing a new home.

You should consider whether the new home will be within your new budget. Divorce can affect your financial situation, and you may be ordered to pay alimony or child support or more of the marital debt than you anticipated. Be sure you have a good handle on what your financial situation will look like once the divorce is finalized before deciding to purchase a home.

You also need to consider any assets acquired during proceedings could be regarded as marital property, especially if you use marital funds for any part of the purchase. Since you would be purchasing the home prior to finalizing proceedings, it is imperative that you keep accurate records of where all funding sources came from for the purchase. You want to be clear to the court, or mediator, that the purchase used only your income or other private sources. You and your spouse may also want to execute a legal property agreement that states that your spouse has no legal rights to the property.

If you have questions or concerns about purchasing a home during your divorce, you should contact your attorney for advice. Having a clear understanding of the consequences may help prevent any delays with finalizing your divorce or keep you from a financial mess later on.

If you are interested in legally ending your marriage or would like to discuss your rights, please call our Akron divorce attorneys to make an appointment to discuss your potential divorce. If you have already been served with divorce papers by your spouse, you need to retain an attorney immediately, as there are court-required deadlines that need to meet. Call us at 330-922-4491 or contact us online to scheduleyou for an initial consultation immediately.

What Are My Rights If I Get Pulled Over?

Mon, 07 Jun 2021 22:17:14 GMT

Most people know how it feels to be pulled over by a law enforcement officer. It’s not uncommon to feel anxious, even if it’s for a simple traffic violation or a broken taillight. Interacting with a police officer can be stressful for some people, and therefore it’s important to know your rights before finding yourself in that situation. Knowing your rights can help you remain calm and possibly prevent the situation from escalating.

First, you have the right to remain silent. You are not required to answer any questions, with the exception of providing your name and identification to the officer.

You have the right to refuse consent of search of your person or belongings. Police may perform a pat-down if they suspect you are concealing a weapon. It’s important to remember in this situation that you or your vehicle may still be searched against your objections. However, vocalizing your objection may help preserve your rights in any further legal proceedings.

If you get arrested, you have the right to speak with an attorney, either court-appointed or hired privately.

You should not run or resist an officer’s attempt at arrest. If you choose to answer questions asked by an officer, you should not lie or give false information, and remember that you may invoke your right to remain silent at any time.

Suppose you have been injured or feel that your rights were otherwise violated during an encounter with the police. In that case, you should immediately write down what you remember including names and badge numbers and document any evidence of injury. If possible, collect statements from witnesses. You may choose to file a complaint with the agency’s oversight division, or you may choose to consult with an attorney to determine what further action to take.

What Should I Do If a Client Isn’t Paying Their Services Rendered?

Mon, 17 May 2021 22:14:24 GMT

When you render services for a client, you have entered into a contract with that client. A contract is a legally binding verbal or written agreement between two or more parties. You agree to perform a service or provide goods under certain terms and conditions, and in exchange, you expect your client will pay for those goods and services. So what happens if a client refuses to pay? Technically, they are in breach of contract, and you have several options of recourse you can take.

Usually, the first course of action is to send a Notice of Non-Payment. Perhaps the invoice got lost in the mail, or maybe your client simply forgot. A simple reminder may be all that is needed. If still left unpaid, you may consider sending another notice or calling the client. If no payment is received, you may want to send a Letter of Intent that states that you will begin collections proceedings if payment is not received. Damaged credit may incentivize someone who has been dragging their feet with money owed.

If a client disputes the amount owed, you can consider offering an apology or a discount. Taking a slight loss maybe be worth avoiding other more time-consuming and costly options.

Other options you can consider are:

Filing a lawsuit. There are two types of lawsuits that can be filed, small claims and a civil lawsuit. In Ohio, the limit for a small claims lawsuit is $3,000. If you are suing your client for more than the allowable small claims limit, your case will be transferred to a civil court. You are allowed to represent yourself during these proceedings, but it is highly advisable for you to seek counsel. You have a better chance of winning your case with a knowledgeable attorney.
Hiring a dispute mediator to help you and your client reach a settlement. The mediator listens to both sides and then attempts to resolve the dispute through an agreeable compromise.
If your contract states such, you may have to enter into binding arbitration. Binding arbitration is similar to a court without a judge. Both sides present their cases, and the arbitrator makes the ruling decision which both sides must abide by.

If you have a client who owes you money or is accusing you of breaching a contract, the corporate lawyers at Hoover Kacyon can provide you an initial consultation to evaluate your case. Contact our office at 330-922-4491 or through our contact page to schedule your initial consultation.

Should I Have Separate Accounts For My Business?

Wed, 12 May 2021 22:08:39 GMT

Even if you have a great accounting system and are diligent about keeping your business and personal transactions separate, you should have separate banking accounts for your business. If you are an incorporated business, it’s required by the IRS.

When first starting a business, it may seem unimportant to keep separate accounts. When it’s just you and your business, your overhead is limited, and tracking income and expenses is pretty easy to do. However, as your business grows, you will want to ensure you aren’t muddying the financial waters of your business by having business and personal transactions coming from the same account. If you are audited or sued, having clear and concise records will save you time and sanity.

A separate business account helps the IRS distinguish a legitimate business from a hobby business. They require a “business” to show profit three out of five years. If your bank account shows more expenses than income regularly, you may put yourself at risk of being audited. Keeping a separate business account helps legitimize your business to the IRS.

Additionally, opening a business bank account could earn you some perks and rewards. Many banks offer additional services to members with business accounts. You’ll help build a relationship with your financial institution, which could come in handy when you need a loan or other services.

Is Everything 50-50 In A Divorce?

Tue, 04 May 2021 22:04:44 GMT

In Ohio, courts follow the equitable distribution model when it comes to dividing assets and liabilities during divorce proceedings. The equitable distribution model means that property will be divided fairly, but not necessarily in a 50/50 split.

The court must first decide which property is marital, that is, property acquired by you and your spouse as a couple, and what property is separate property or property you owned before your marriage. Typical marital property includes homes, personal property such as jewelry and furniture, bank accounts, and retirement benefits.

The court then divides all things determined to be marital assets and debts equally and then takes into account past and future factors of each spouse, thereby shifting the balance of interests accordingly. Common factors included in the decision are:

Length of the marriage
Each spouse’s contribution to the acquisition of assets and liabilities
Children/custodial parent
Tax consequences
Prenuptial agreements

No divorces are the same, so the outcome of distribution can vary greatly between cases.

If you and your spouse wish to avoid leaving the division up to a judge, you can work together to create a separation agreement. A separation agreement tells the court how you would like your assets and debts divided. A separation agreement does not need to be all-inclusive. If there are disagreements over certain properties or debts, you can leave the outcome over those things to the court’s discretion.

If you are interested in legally ending your marriage or would like to discuss your rights, please call our Akron divorce attorneys to make an appointment to discuss your potential divorce. If you have already been served with divorce papers by your spouse, you need to retain an attorney immediately, as there are court-required deadlines that need to meet. Call us at 330-922-4491 or contact us online to schedule you for an initial consultation immediately.

Top 5 Causes for Car Accidents

Mon, 19 Apr 2021 22:01:01 GMT

Chances are, if you haven’t already been in a car accident, you will be. A report by Esurance found that 77% of drivers have been in at least one accident. In Ohio, in 2020, there were 246,295 accidents involving vehicles. Of those, 1,165 resulted in fatalities, and another 38,421 involved other severe or minor injuries.

TOP 5 CAUSES FOR CAR ACCIDENTS IN OHIO:

DISTRACTED DRIVING

It’s not uncommon these days to read a news headline about an accident resulting from texting and driving. Distracted driving has become the number one cause of accidents. It’s not just texting; distracted driving is anything that removes your focus from the road. Attempting to soothe the crying baby in the back, changing the radio station, picking up a dropped item, any number of things can take our attention from the road. Which, in turn, increases the chances we will be in an accident.

SPEEDING

Some might find speeding exhilarating or just be in a hurry, but the fact is, speeding causes almost two-thirds of all car accidents. Speeding reduces driver reaction time and increases the likelihood of an accident. Additionally, the higher the speed, the more severe the damage.

DRUNK/IMPAIRED DRIVING

Driving impaired is never a good idea. Even two drinks can affect your reaction time and ability to drive. Drinking and drugs impair vision, judgment, and reaction time. The penalties are harsher for accidents resulting from impaired driving as well.

POOR WEATHER

Poor weather can make for dangerous driving conditions. It is crucial to be extra cautious and slow down when driving in less than ideal conditions.

FAILING TO OBEY TRAFFIC SIGNALS

You should always obey traffic signs and signals. Lots of time and money goes into traffic safety studies. Those signs and signals are there for everyone’s safety.

If you have been charged with a crime as a result of a motor vehicle accident, or if you have been injured in an accident, the lawyers at Hoover Kacyon, LLC., are dedicated to supporting our clients. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service.

If you need to retain an attorney immediately, as there are court-required deadlines to meet, call us at 330-922-4491 or contact us online to schedule you for an initial consultation immediately.

See report . https://ohtrafficdata.dps.ohio.gov/crashstatistics/home

https://www.news9.com/story/5e6fca6cf86011d4820c3f2d/what-are-your-chances-of-getting-into-a-car-accident#:~:text=A%20report%20by%20Esurance%20found,trip%20are%201%20in%20366.

Ten Things to Know About a Divorce

Mon, 19 Apr 2021 21:52:49 GMT

Deciding to get a divorce is never easy. You may have many preconceived notions about what happens during a divorce or have ideas about expectations. Before you begin looking it up online or asking for advice, it is best to consult with an attorney. Talking with a legal advisor will help you have a clear understanding of what to expect. The following is advice to help guide you through the divorce process.

“Winning” the divorce. Divorce should not be a competition against your spouse. Divorces, no matter how civil, have lasting emotional impacts on adults, but especially children. There are no real “winners” in a divorce.
Consider every decision carefully. Divorces by nature are very emotional, and it’s easy to get swept away by those emotions if you aren’t careful. Decisions based on emotions are rarely ever good ones. Be sure you think about every decision you make carefully. Talk to your attorney about the best way to approach a decision before you make a decision you may later regret.
Think about your children. You and your spouse are getting a divorce, but your children are not. Be mindful of the way you speak about your spouse in front of your children. Ensure they are emotionally cared for during this difficult and confusing time. It is important not to use them as middlemen, or bargaining tools, during proceedings.
Don’t take advice from friends and family . Every divorce situation is different. People tend to narrate their own experiences in a way that paints them in a better light than might have been the actual case. You should always consult with your attorney when making a legal decision.
Forget the past and move towards the future. Past events can’t be changed, so there is no reason to dwell on them and keep you from moving forward. It is important to move past whoever might be at fault to prevent any anger involved, especially with children. Try to have an open mind that you will comprise for your children.
A courtroom is not a fun place to be. Heading to an actual courtroom is intimidating, time draining, expensive, and intrusive. If you can compromise and negotiate with your spouse, this can save a lot of frustration and money. However, sometimes it might not seem feasible, which is why having an attorney is critical.
You don’t HAVE to go to court. While it may not work out in the end, at least attempting to work through your divorce collaboratively with your spouse may save you a lot of time, money, and frustration. It is possible to have a dissolution.
Be honest. Don’t try to make yourself out to be better than your soon-to-be ex-spouse. Dishonesty can be detrimental to your case and likely cause more harm than simply being upfront and honest about things.
Make Lists and Copies. Make a detailed list of all of your property and assets, including furniture, bank accounts, mortgages, car, and much more. Make sure to have copies of important documents. Having all of these things together and organized will help move proceedings more smoothly and quickly.
Be reasonable. If you want to keep your divorce from being a long-drawn-out process, be reasonable in your expectations and know that you will have to make compromises. Being uncooperative and difficult during negotiations is not going to be productive. It will only make the entire process more complicated and frustrating for everyone involved.

My Spouse Moved Out, What’s Next?

Mon, 12 Apr 2021 21:49:51 GMT

The answer depends on what the reason for the separation is. Are you and your spouse separating with the intention of working together to attempt a reconciliation? Have you both agreed to seek a divorce? Did your spouse unilaterally decide to move out?

If you and your spouse have agreed to divorce or separation that leads to divorce, you will likely seek the divorce on a no-fault basis. A no-fault divorce means that no blame is placed on either party.

In the latter case, if your spouse moves out and is absent from your home for at least one consecutive year, you are eligible to file for an at-fault divorce on the grounds of abandonment. An at-fault divorce claims that one party is responsible for the marriage’s failure and can have serious effects on the outcomes of divorce proceedings.

If your spouse has abandoned you and/or your family a judge although not required to, may take that into consideration when making determinations regarding any spousal support or custody arrangements. The party is accused of abandonment is responsible for proving that they are not at fault.

It is also important to keep in mind that even if your spouse moves out, they may still have legal rights to the property. This complicates matters insofar as determining responsibility for upkeep, maintenance, and paying bills; as well as concerns about rights to privacy for the party still living in the house.

If you are filing for divorce on the grounds of abandonment, or if you have been accused of abandonment by your spouse and would like to discuss your rights, please call our Akron divorce attorneys to make an appointment to discuss your potential divorce. Call us at 330-922-4491 or contact us online so that we can schedule you for an initial consultation.

Do I need a criminal defense lawyer if my license has been revoked?

Mon, 05 Apr 2021 21:45:01 GMT

First, we need to establish the difference between a license suspension and revocation. A suspension is the loss of driving privileges for a limited period of time. A revocation is the loss of driving privileges permanently. Nevertheless, it is possible to have a revoked license reinstated.

In Ohio, your license may be suspended or revoked for a variety of reasons including:

Being convicted of vehicular homicide
Being convicted of Driving Under the Influence of drugs or alcohol
Refusal to take an alcohol test in violation of the state’s implied consent laws
Being convicted of reckless driving
Accumulation of traffic violation points
Failing to pay child support
Certain medical conditions

If your license has been suspended, your license will be reinstated after a period of time, such as a 60-day suspension, and may also depend upon:

Satisfying any court ordered requirements for reinstatement,
Successful completion of probation/counseling programs/driving courses,
Retaking and passing the skills and/or knowledge portion of the Ohio driving test
Paying any reinstatement fees
If your suspension is the result of a medical condition, you will need to provide proof from a doctor that your medical condition does not pose a safety concern for driving.

However, if your license has been permanently revoked, the process for reinstatement becomes more complicated. You will need to petition the court to issue you a new license and will have to be subject of an investigation by the court.

A permanent loss of your driving privileges has a significant impact on your life. Failing to do it properly the first time can cause unnecessary delays that you can’t afford. If you are seeking reinstatement of your license after a revocation, you need a knowledgeable attorney who can help guide you through the process.

What is a contract, and does my business need one?

Wed, 24 Mar 2021 21:30:39 GMT

As a business owner, you need to protect yourself and your company. A contract is one way to do this. A contract is an agreement between two or more people or entities. Does your business need one? Businesses always need contracts at one time or another.

If you’ve started a business, you likely already have several contracts in place. Did you need insurance for your building or office space? There is an agreement in place between you and your insurance company. You agree to pay a premium in exchange for a service they agree to provide. Did you have to file business incorporation documents with your state? You made an agreement with the state to operate your business within the parameters set forth by the law in exchange for a business license which also affords you some securities under the law.

However, if you’re a business owner, you want to make sure your business is protected when making agreements with other individuals or businesses. There are so many factors to a contract such as:

Detail Responsibilities: Having everyone party’s responsibilities listed in a contract removes windows of confusion; everyone will know what is expected to be done and who should be completing each responsibility.
Bind Obligations: A contract puts in place and helps alleviate the worry of one party trying to back out of responsibilities which could put a strain on the relationship.
Establish Deadlines: With a contract, the time frame for each obligation can be set so all parties are held accountable. How the deadline is met falls on the respective party to figure out, but the contract eliminates combatting excuses or falling behind anywhere.
Secure Payment: When outlining an agreement, payment information should be included – the amount, how to be paid, and when so there is no room for error, and services rendered are compensated appropriately.
Recourse for Business Relationships: For cases when a relationship goes sour, the terms outlined in a contract can make the process smoother as they often contain details on how to dissolve the relationship peacefully.
Clear Jurisdiction: If a dispute arises between parties in different locations, the contract specifies which jurisdiction applies for any legal action.
Court Costs/Attorney Fees Provisions: Simply stipulating reasonable attorney fees in a contract may motivate some clients to follow through with obligations as they will realize the financial expense of taking legal action could be worth the cost should they not hold up their end of the bargain.

A contract helps to clearly define these things so that all parties feel like their interests are being protected.

Many business documents and basic contracts can be found online and can be completed without the need for an attorney (and attorney fees). The more complicated the transaction, the more likely you will want to involve an attorney. While a contract may be between the two parties, it is still bound by laws of the jurisdiction under which the contract is being made. Some business owners elect to use a lawyer on an “as-needed” basis. They utilize their business attorneys as “legal coaches” wherein the business owner completes documents and contracts and then requests their attorney review the documents and provide feedback.

What Custody Arrangement Gives Me the Most (or Least) Child Support?

Fri, 12 Mar 2021 21:25:23 GMT

In Ohio, there are two different types of custody: sole legal custody and shared custody, known as shared parenting. The custody designation determines who is entitled to make decisions for the child such as health care, education, and religious decisions. With sole custody, only one parent makes those decisions. In shared parenting, however, one or both of the parents can have decision-making authority depending on the specific details on the parties’ shared

parenting plan. In both cases, what usually matters most to parents is who has what time with the child. In legal terms, this is called parenting time or companionship time. To non-lawyers, this is commonly understood to be “physical custody” meaning when the child is actually in your care.

There are several potential combinations of legal custody, shared parenting, and parenting time that can be established by the court, all of which matter significantly to parents and the care of their children:

Sole Physical Custody: If you have sole physical custody, you are the only decision-maker for the child. The non-custodial parent has visitation rights and the rights to access records for the child but cannot make the decisions. Most of the time, a person with sole custody has a vast majority of the parenting time with the child.

Shared Parenting: If you have shared parenting, both parents have some decision-making authority but the details of that are included in the details of the shared parenting plan. With a shared parenting time, there is also the establishment of parenting time. Shared parenting can mean 50/50 parenting time but also can have a number of other parenting time schedules. Shared parenting does NOT automatically mean equal parenting time. It is possible that a parent can have shared parenting but still very limited parenting time/physical custody of the child.

The issue of child support takes into consideration several factors including parental incomes, child care expenses, health care expenses, and health insurance, and who has what time with the child under the specific custodial arrangement and parenting time schedule. Child support covers more than just bear necessities. Both parents are expected to contribute to the financial support of their children, whether they have the child in their home most of the time or not.

In most cases involving sole custody, the court will order the non-custodial parent to pay support to the custodial parent because the custodial parent is incurring daily expenses of the child that the non-custodial parent does not also have. However, if the parents have a shared parenting plan, a court may decide that child support is not necessary, especially if the parents have similar incomes and similar times with the children.

Generally, most child support orders are fairly simple and straight-forward because in Ohio there is a set calculation method that was established by the Ohio legislature. Periodically, as parentaland life circumstances change, the child support agreement may need to be revisited and modified.

Due to the complexities involved in child custody proceedings, and the resulting child support orders, it is highly advisable to consult a child custody attorney at the beginning of that case or in the event you wish to modify your current child support order. Having experienced representation in these cases is paramount to a fair outcome.

Should I hire a lawyer if I have been charged with a drug offense?

Mon, 08 Mar 2021 21:20:11 GMT

Being charged with any drug offense is a matter that you should take seriously. The consequences of a drug conviction can include jail, prison time, or probation. Additionally, you may be subject to expensive fines, testing, or even court-ordered counseling. All of which can get very expensive.

Oftentimes one incident results in charges for multiple violations. However, even if the charge is a simple misdemeanor possession charge, the consequences of a conviction on your record can haunt you for many years. Having a drug-related conviction can affect your ability to obtain student financial aid or certain professional licenses. Your driver’s license could be suspended or revoked. It could affect your ability to be hired for a job. If you have been charged with a drug offense and you value your future, then hiring an experienced criminal defense attorney is essential.

In Ohio, commonly charged drug charges include:

Possession of Controlled Substances
Possession of Drug Abuse Instruments
Illegal Use or Possession of Drug Paraphernalia
Illegal Assembly, Possession for Manufacture
Illegal Manufacture, Cultivation
Trafficking, Aggravated Trafficking

To further complicate the matter, drugs are classified based on a Federal Drug Schedule ( https://www.dea.gov/drug-scheduling ). The penalties for a drug charge are determined by the amount and type of drug involved in the incident with Schedule I drugs having steeper penalties than those classified as Schedule IV.

Schedule I drugs, substances, or chemicals are defined as drugs with no currently accepted medical use and a high potential for abuse. Some examples are heroin, LSD, marijuana (cannabis), ecstasy, methaqualone, and peyote.

Schedule II drugs, substances, or chemicals are defined as drugs with a high potential for abuse, with use potentially leading to severe psychological or physical dependence. These drugs are also considered dangerous. Examples of Schedule II drugs are Vicodin, cocaine, methamphetamine, methadone, oxycodone, fentanyl, Adderall, and Ritalin.

Schedule III drugs, substances, or chemicals are drugs with a moderate to low potential for physical and psychological dependence. Schedule III drug abuse potential is less than Schedule I and Schedule II drugs but more than Schedule IV. Some examples of Schedule III drugs are products containing less than 90 milligrams of codeine per dosage, ketamine, anabolic steroids, testosterone.

Schedule IV drugs, substances, or chemicals are defined as drugs with a low potential for abuse and low risk of dependence. Examples include Xanax, Soma, Valium, Ambien, Tramadol.

Schedule V drugs, substances, or chemicals are defined as drugs with lower potential for abuse than Schedule IV and consist of preparations containing limited quantities of certain narcotics. Schedule V drugs are generally used for antidiarrheal, antitussive, and analgesic purposes.

Depending on the facts surrounding the incident, the actions may violate both State and Federal laws. For example, if the incident involved crossing state lines or occurred in more than one state, if it occurred on federal land, or if it involved the internet or other long-distance communication methods then charges may be filed under Federal Court.

Any incident involving illegal substances is a serious matter. The consequences can be further reaching than you may realize. Having an experienced attorney is essential to protecting your interests and reaching the most favorable outcome.

What should I do if my ex-spouse isn’t following our parenting agreement?

Thu, 18 Feb 2021 21:16:58 GMT

It is an unfortunate reality that adults can have a hard time setting aside their personal differences and hurt feelings in the better interest of their children. Parenting is difficult under the best circumstances, having a bitter relationship with a co-parent can compound those difficulties. Parenting disputes can lead to power struggles the consequences of which can leave lasting and damaging effects.

Some examples of non-compliance with a parenting plan include:

Denying or failing to keep visitation times and terms
Talking badly about you with or in front of the child(ren)
Failure to attend required counseling sessions

Issues regarding a parenting plan can be even more complicated if substance abuse or other mental health issues are involved. If you have an amicable relationship with your ex, it may be that an honest and open conversation can correct the situation or misunderstanding without the need to go through proceedings.

If you are not on agreeable terms with your ex or are concerned about how broaching the subject may be received, communication can be facilitated through your attorney. Some courts may even offer dispute resolution as a free or low-cost option.

As a last resort, a contempt filing may be filed which will require the other party to appear before a judge to answer for the violations. Additionally, you should document each time the parenting plan is violated including dates and details.

If you have a co-parent not following your agreed-upon plan , chances are you are already frustrated, trying to tackle legal issues with heated bias is unlikely to produce a positive result. Child custody and parenting agreements are complicated matters with stakes too high to risk. Simply answered, if you have a co-parent who is not following your agreement, you should talk to an attorney, ideally the one who helped draft the initial parenting plan. Your attorney will be able to advise you as to the best course of action to achieve the most favorable outcome for everyone involved.

The lawyers at Hoover Kacyon, LLC., are dedicated to supporting our clients. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.

What Does Deposition Mean?

Mon, 15 Feb 2021 21:08:38 GMT

A deposition is a legal, formal question-and-answer session that occurs outside of a courtroom. It is similar to any other testimony given by a witness during a trial or other proceeding in that both sides of the case get to ask questions and responses are given under oath and the deposition is recorded.

Giving a deposition does not mean you won’t be called to testify during trial proceedings later on. Then why have a deposition in the first place?

There are a few reasons:

The primary purpose of a deposition is discovery, to determine what facts of the case the witness has knowledge of. Depositions help both sides get a clearer picture of the case, and may help the parties reach a settlement before going through a long expensive trial.
The other crucial purpose of a deposition is to preserve witness testimony. Courtroom proceedings can be intimidating to some, especially victims and children. The presence of a jury and a courtroom full of spectators can be overwhelming and can affect a witness’s ability to even give testimony let alone remember important facts or answer questions confidently. A deposition helps preserve not only the content but also the tone in which the original testimony was given.
Preservation of testimony via deposition is also important in the event a witness passes away before they are able to give courtroom testimony. It can also be used to identify any discrepancies in the witness’s story which could validate or invalidate their credibility.

What should you do if you have received a Notice of Deposition? You should contact an experienced attorney if you don’t already have one. A lawyer can help you prepare for a deposition and address any questions you may not have anticipated. You can also voice any concerns you may have regarding your involvement in proceedings. Court proceedings are intimidating for many people, consulting with an attorney may help you feel more confident in your answers and more comfortable with the examination process in general.

Why do I need to hire a business lawyer?

Wed, 10 Feb 2021 21:03:41 GMT

If you own or are starting your own business, you may wonder if hiring a business lawyer is worth the cost? Almost inevitably your business will be engaged in some form of litigation during its lifetime. Litigation is expensive and one lawsuit can bankrupt a small business. Many business owners don’t consult an attorney until they are faced with an important legal dilemma, but consulting a business lawyer today may save you money and legal woes tomorrow.

Certainly, there are many tasks and documents a business owner can undertake on their own using the extensive online resources available. With a little extra research, a smart and savvy business owner can even tackle some of the more complicated matters. But even savvy business owners have their limits, and that’s when you should consider talking to a business attorney.

Aside from seeking representation for current or potential lawsuits, seeking legal counsel from an experienced business lawyer can provide you peace of mind that your business is safeguarded from preventable future damage.

You may consider consulting an attorney for:

Determining your business structure when first forming your business to help you decide which structure is best for your business for tax liabilities, set up costs, and other factors to consider when setting up your business.
Preventing future lawsuits by ensuring your business complies with state and federal business and employment laws.
Drafting and reviewing contracts and agreements. Contractual language can often be full of legal verbiage that you might find confusing. It is important to be sure that any contract you enter into is clear and that you fully understand your obligations and liabilities as well as the obligations and liabilities of the other parties involved. This would include agreements for the sale or acquisition of any assets or real estate.
Protecting intellectual property to ensure your business ideas and the integrity of your brand

Even if you don’t feel that you need an attorney to represent your business right now, it’s good to know one before you need one. It is important to choose an attorney that you trust and feel comfortable with and who is responsive to your needs.

If you believe you need to talk to an attorney regarding the setup of a business, business litigation, contract formation or litigation, or any other commercial or corporate law needs, contact our office at 330-922-4491 or through our contact page to schedule an initial consultation.

How to Deal With Unfaithful Business Partners

Thu, 04 Feb 2021 20:58:37 GMT

No one intends for a business partnership to turn sour, but like any relationship, differences in values, business style, opinions, and decisions can lead to divisions. Business involves money and risk; for some, the stress can become too overwhelming. Sometimes the partnership simply runs its course and is no longer beneficial to one or both parties. The fact remains, almost 70% of all business partnerships ultimately fail (The Balances Mb).

What should you do if you think your business partner is embezzling money from your business?
What should you do if you think your business partner is using your business for fraudulent purposes?
How do you hold a partner accountable for bad decisions that affect the business?
How do you settle disputes over the management of your business or creative differences?
What if your visions of the future of the business don’t align anymore?

These are all questions that many business owners ask. Ousting a bad business partner may be more difficult than you think, particularly if you have no partnership or exit agreement in place. An attorney will be able to help you navigate the best strategy for reaching a settlement and/or dissolving your partnership. They can also provide advice regarding the pursuit of any further legal action you may want to consider pursuing, as you may be entitled to compensatory damages.

Your business is your financial security and you should feel confident in any person or entity you create a partnership with. The future of your business depends on strong relationships. The best decision you can make is to ensure you do your research and protect your business prior to entering into any partnership. However, when someone wrongs your business it might be time to split from your business partners.

If you suspect you have a business partner acting unfaithfully the corporate lawyers at Hoover Kacyon can provide you an initial consultation to evaluate your case. Contact our office at 330-922-4491 or through our contact page to schedule an initial consultation.

Learn more.

Do I Need a Lawyer If I Have Been Robbed?

Thu, 21 Jan 2021 20:46:44 GMT

According to Neighborhood Scout, over 8,500 robberies were reported in the state of Ohio in 2020. As a victim, you may be experiencing the full gamut of emotions. You may be confused by all the phone calls and interviews and interactions during an investigation. You may not fully understand your rights and all of the legal terminology being thrown at you. If you feel you are not receiving adequate communication and representation it may be time to contact an attorney.

When a person has been a victim of a crime, such as a robbery, the prosecuting/district attorney’s office in that jurisdiction handles the prosecution and conviction of the perpetrator. A victim coordinator generally acts as a liaison between the victim and the prosecutor. They will prepare a victim impact statement as well as submit requests for any damages the victim is seeking as a result of the crime. However, there may be times when the victim might benefit from hiring their own attorney to represent them during proceedings.

If an injury resulted during the crime and a personal injury lawsuit is conceivable. An attorney can provide guidance and advice regarding your responses during criminal proceedings that could impact any future civil proceedings.

Being a victim of any crime can be traumatic and stressful. Having representation can help simplify complicated and sometimes confusing proceedings and ensure you have someone competent and knowledgeable fighting for you and ensuring your rights are being protected.

What Does Child Support Really Mean?

Thu, 07 Jan 2021 17:38:20 GMT

What is a Survivorship Deed, and Why is it Important?

Tue, 29 Dec 2020 17:34:09 GMT

In Ohio, a survivorship deed creates a “joint tenancy” between two or more owners. It ensures that the interest rights of a property will be passed to the surviving owner(s) in the event of the other tenant’s death automatically. Without a survivorship deed, the surviving tenant(s) may have to begin proceedings in a probate court to have the property interests legally transferred, even if the property was owned by two people who have been married and residing in the property together for years.

In addition to providing a means to bypass probate courts , the survivorship deed also grants that each tenant holds an equal share of the title and each has an equal right to occupancy and use of the property. This also means that any profits or any costs related to the ownership or use of the property are equally shared among the owners. Upon the death of one owner, the survivorship deed proportionally transfers all rights and interests to the survivor(s).

In some situations, the survivorship deed may conflict with an owner’s will or estate plans. In most cases, the survivorship deed will override the provisions included in a will or estate plan. Therefore, it is important to review all estate planning with a trusted attorney.

Should I Hire a Lawyer After a Personal Injury?

Thu, 17 Dec 2020 17:27:53 GMT

If you or someone you know has been injured in an accident, you already know that handling the aftermath can be overwhelming. When dealing with pain, mounting medical bills, and emotional trauma, who has the time or energy to fight with insurance companies who don’t want to pay? Let the personal injury lawyers at Hoover Kacyon fight for you.

When do you need to consult a personal injury attorney? Any time an accident has occurred that has resulted in injury to you or the death of a loved one and that accident was a result of someone else’s actions or decisions.

In Ohio, in 2019 there were hundreds of thousands of accidents and over 5,400 fatal accidents involving motor vehicles. Manufacturing employs a large percent of the Ohio population. Chances are you or someone you know has been involved in a vehicle or equipment accident. You may need an attorney to negotiate with insurance companies to ensure you receive fair compensation for things like repair bills, medical bills, and lost wages.

If you’ve experienced the death of a loved one due to someone else’s negligence, you should consider consulting an experienced attorney in the matter of a wrongful death lawsuit in order to seek compensation for medical expenses, funeral costs, past/future lost wages, as well as compensation for the unmeasurable emotional loss.

Accidents happen for a multitude of reasons, but financial relief may be available to lessen some of the burdens. The personal injury lawyers at Hoover Kacyon, LLC., are dedicated to supporting our clients. We deliver the highest quality legal representation from a team of injury professionals while also providing excellent customer service.

If you need to retain an attorney immediately, as there are court required deadlines that need to be met, call us at 330-922-4491 or contact us online so that we can immediately schedule you for an initial consultation.

Source: https://www.statepatrol.ohio.gov/statistics/statspage3.asp

Prenuptial Agreements

Fri, 11 Dec 2020 17:22:03 GMT

Getting engaged and planning a wedding is an exciting time in a couple’s life. The idea of considering a prenuptial agreement seems like a dark cloud over what should be a joyous occasion. After all, doesn’t a prenuptial agreement suggest there will inevitably be a separation or divorce?

It is important during this time to remember that things do not always work out the way we plan them in life. Nearly half of all marriages end in divorce. And while a prenup may not be the most romantic topic of discussion, a marriage is a legal contract between two people and it is important to be sure you are protected when you enter into any legally binding agreement.

More and more people are opting for prenup agreements. Here are some reasons you should consider one as well:

They help outline and establish what happens to future assets and current debt obligations
They can help with the costs of divorce litigation because terms have already been agreed upon.
They override most state laws. Therefore, you are able to uniquely dictate the rules of your relationship with your partner.
You can (and should) think of it as marriage insurance.
When the emotional and personal aspects are removed, marriage is essentially the same as a business agreement.
The number one stressor in a marriage is money. A prenup can help couples discuss and identify financial issues before the marriage even begins, which can help build a more solid foundation.

If you are interested in learning more about prenuptial agreements or would like to discuss your rights regarding marriage and divorce, please call our Akron attorneys to make an appointment.

Child Custody

Tue, 24 Nov 2020 17:19:37 GMT

No legal issue can be more complicated and emotionally-charged than a child-custody case. Most frequently divorce is the precursor to a child custody case. However, there are other instances where the custody of a child needs to be determined, such as establishing custody between two never-married parents, a deployed military parent, a move, illness, or death of the custodial parent. Due to the complicated nature of child custody proceedings, hiring an experienced attorney is vital to ensuring an outcome that is, first and foremost, in the best interest of the child and secondly, the other parties involved.

There are two different types of custody: legal and physical. Legal custody refers to decisions pertaining to the child such as healthcare, education, and religion of a child. Physical custody refers to the actual presence of the child and their well-being at that particular time. There are numerous potential combinations of legal and physical custody, and additional orders, such as split and temporary orders, that can further complicate matters of custody.

The primary job of the child-custody attorney is to negotiate custody arrangements, either during litigation or through mediation and a written agreement. A child-custody attorney facilitates visitation arrangements, ensures the parental and agreed upon rights are being observed and provides measures necessary for the safety of the child. In the event of a voluntary transfer of custody, a child custody attorney can prepare an agreement or compose instructions on the custody and care of the child, including directives regarding education and health/medical services.

When multiple jurisdictions are involved, child custody proceedings become even more difficult. This is especially true when multiple countries are involved. International custody cases are exceptionally complex and complicated. International family law often involves agencies such as Central Authority and federal courts. Having adequate and experienced representation in these cases is paramount to an agreeable outcome. Due to the sensitive nature and complexities involved in custody proceedings, it is advisable to consult a child custody attorney in any case. The input provided by an objective and experienced attorney will help ensure the best outcome for the child.

Think Before You Drive Buzzed This Holiday Season

Thu, 19 Nov 2020 17:15:32 GMT

The holidays are full of reasons to celebrate, but if you are planning to consume a few alcoholic drinks during festivities in the coming weeks, take heed. Even just one or two drinks can render you unfit to drive, even if you think you feel fine.

Many factors can affect your BAC (Blood Alcohol Content) including your gender, ethnicity, weight, and alcohol tolerance. Unless you have the proper testing equipment, there’s no precise way to tell if you’re over the legal limit.

In all states, the BAC limit for alcohol in drivers is 0.08%, anything between 0.02 and 0.08 is considered “buzzed” driving. And while it may not be illegal it is still not safe.

* https://www.nhtsa.gov/campaign/buzzed-driving

In 2017, there were 405 OVI-related fatalities in Ohio and 10,874 in the United States. In 2016, 781 people lost their lives to alcohol-related traffic accidents in the month of December alone. That is certainly nothing to celebrate about.

Be safe this holiday season. If you choose to drink, commit to finding a safe alternate way home and don’t let others drink and drive.

If you have recently been charged with a DUI or OVI, call our Akron attorneys at 330-922-4491 immediately to schedule an initial consultation. You can also fill our contact form and someone from our office will respond to your inquiry.

Do You Need a Business Lawyer?

Thu, 19 Nov 2020 17:08:02 GMT

Owning a business may seem like your key to happiness and financial freedom, but the fact is business is full of complicated legal issues that you may not be prepared to deal with. The laws and regulations governing all facets of business is extensive. And what happens if someone sues your company? In order to protect your business (and yourself) you may want to consider consulting a business attorney.

Business law deals with two different areas: transactional and litigation.

Transactional attorneys focus on business acquisitions, taxes, management, and compliance with regulations. It is a good idea to consult with a transactional attorney when you begin forming your business. Partnerships, LLCs, Corporations and S Corporations all require registration with the state and have more complicated paperwork requirements. A transactional attorney can help you with preparing business formation documents, trademarking, as well as lease agreements and other contracts.

In the event you are being sued or need to take legal action against another party, you will definitely want to contact a litigation attorney. A litigation attorney represents your business when there is a contractual or other dispute. These processes are typically complex and time-consuming and there is often too much at stake for most business owners to attempt to handle these affairs on their own.

Many business documents can be found online and can be completed without the need for an attorney (and attorney fees), but you may want to focus your attention on your business instead of spending your efforts learning the legal processes. Some business owners elect to use a lawyer on an “as-needed” basis. They utilize their business attorneys as “legal coaches” wherein the business owner completes documents and contracts and then requests their attorney review the documents and provide feedback. For a savvy business owner this may prove to be a cost effective arrangement.

In the event that you choose to hire an attorney to represent your business, it is important to choose an attorney that you trust and feel comfortable with and who is responsive to your needs.

If you believe you need to talk to an attorney regarding setup of a business, business litigation, contract formation or litigation or any other commercial or corporate law needs, contact our office at 330-922-4491 or through our contact page to schedule a free, initial consultation.

Is Adoption the Right Choice for You?

Tue, 27 Oct 2020 17:04:22 GMT

There are a plethora of reasons you may be considering adopting a child or are considering placing your child for adoption, but chances are you have not reached that decision easily. Perhaps you are still in the midst of making that decision and are researching whether adoption is, in fact, the right choice for you.

On a personal level, choosing adoption is a complex emotional decision, but when you add in all of the legal and financial issues, adoption can quickly become confusing and overwhelming for anyone. The good news is, that there are many resources out there to help you through the process of adoption and help alleviate some of the stress.

Likely the first place you will turn to when researching adoption is an adoption agency. Adoption agencies are there to help facilitate the adoption process and provide services to place children with families to ensure a safe and successful union. Those services include matching services, in-home studies, counseling and education, document preparation, and post-placement visits. Not all adoption agencies are the same. They have varying adoption requirements and pricing structures for the services they provide. Be sure you visit with several before choosing the one that’s right for you and your situation.

In addition, adoption attorneys are required for every adoption proceeding and are there to work in conjunction with the adoption agency and guide you through all of the complicated, state-specific legal processes to ensure a secure and ethical adoption as well as overseeing financial matters. They are there to protect the rights of the adoptive parents, birth mother, and the rights of the child. In situations where a birth mother has already been identified, an adoption attorney may eliminate the need for an adoption agency, this is called an independent adoption and may help reduce some of the expenses of the adoption process.

Estate Planning: Planning For Your Future

Tue, 27 Oct 2020 16:59:12 GMT

Estate planning is the process of planning the distribution and management of your assets and to delegate responsibilities in the event of your death or incapacitation. It may include a will or trust, but is more advanced and helps to also ensure that tax responsibilities are addressed and minimized for the beneficiaries.

The first step in estate planning is to inventory all of your assets to determine what exactly your estate includes. Your assets not only include physical assets such as your home and possessions but also your banking and financial accounts. You will also want to declare who the beneficiaries of your estate are and include any contingent beneficiaries.

Second, you will want to ensure that you have addressed your desires and the needs of your beneficiaries; such as ensuring you have adequate life insurance, establishing guardianship of your children and pets, and documenting your wishes for their continued care.

Estate planning establishes various powers of attorney and details your medical directives. You will want to be sure who you have carefully considered who you delegate these responsibilities to and that they have been advised of their responsibilities and are comfortable accepting those charges.

Employing the help of an attorney or tax professional can be very beneficial when you begin the process of estate planning. Tax laws are complicated and vary across states. You want to ensure that you have minimized the estate and inheritance taxes your beneficiaries may be subject to upon the transfer of your estate, especially if your estate is large and complex.

Estate planning can seem like a daunting and complicated process, but it is necessary to protect your beneficiaries and give you the peace of mind that they are taken care of and will not have to endure years of expensive, drawn-out court battles over your estate.

The experienced estate planning attorneys at Hoover Kacyon LLC are ready to help you plan for the future. Our will and trust lawyers can help you by drafting the estate planning documents you need to ensure that your property and assets are transferred to the people that you desire.

What is the Difference Between Trusts and Living Wills

Mon, 19 Oct 2020 16:53:39 GMT

No one likes to think about their death or incapacitation, but it is necessary to plan for those circumstances to ensure not only that decisions made are based on your personal beliefs and preferences, but also to prevent undue stress and hardship on your loved ones resulting from trying to “guess” at what you would want or arguments over the management and distribution of assets and finances.

You probably are already familiar with the concept of a will, as being a legal document that provides instruction on how one’s estate and assets should be distributed posthumously. However, you may not understand the other instruments that can be written to help carry out your wishes while you may still be alive but unable to make certain decisions for yourself.

A trust is a legal document that gives another person or entity the authority to make certain decisions on your behalf and, unlike a will, can go into effect as soon as it is written. Meaning, the person designated as your trustee, may begin making those decisions while you are still living. These directives are often related to the distribution of finances and assets.

There are two primary types of trusts that can be created. A revocable trust can be changed at any time by the originator. Whereas, an irrevocable trust cannot be changed once written without the consent of the trustee/beneficiaries nor can assets included in the trust be managed by the originator. There are pros and cons to both types of trusts. Contact your attorney for further clarification and to decide which one might suit your needs best.

A living will’s primary purpose is to designate a decision-maker and provide instruction specifically pertaining to your care and health directives, in the event that you are unable to make those decisions for yourself or if your attorney-in-fact is not willing or able to make those decisions on your behalf. These include your wishes regarding medical treatment, life-saving measures, and organ donation.

Provide yourself and your loved ones with the peace of mind that an already stressful situation will not be compounded by a multitude of indecisions and speculation. There are many resources available to help you with composing the necessary legal documents, but we recommend contacting an attorney to be sure all matters and potential situations are properly addressed.

Can You (And Should You) Refuse a Field Sobriety Test?

Wed, 14 Oct 2020 16:49:12 GMT

A DUI conviction on your record can have a lasting damaging impact on your life. It could result in jail time, fines, the loss of your job, increased insurance rates, as well as many other hardships. Knowing your rights and the proper actions to take if you are being investigated for a DUI may help prevent years of negative fallout.

INITIAL CONTACT

In Ohio, a DUI is called an OVI (Operating a Vehicle Under the Influence). An OVI arrest begins with an initial traffic stop or other initial contact by a law enforcement officer. Upon first contact, the officer will begin observation to determine if there is suspicion of intoxication; including assessment of your physical appearance, engaging in conversation to evaluate your speech and identify other behavioral information such as where you are coming from and if you had been drinking. It is important to remember to be cooperative, but you are NOT required to make any statements to the officer, and you should fully exercise that right.

INVESTIGATION

Investigation by the officer begins with initial contact, but if you are asked to perform a series of roadside tests, you are officially being investigated for a DUI. Again, it is important to comply with the officer’s request to step outside the vehicle, but it is within your rights to refuse any field sobriety test including a breathalyzer. Refusing any testing prevents law enforcement from gathering additional evidence that can be used against you during court proceedings.

ARREST

Understand that refusing sobriety tests does have consequences. You will likely be arrested and have your license immediately suspended. However, it is important to remember that an arrest is simply an allegation and not a presumption of guilt. Contact an attorney as soon as possible following your arrest, and do not make any statements to law enforcement without your attorney being present. If you need immediate legal representation in the Akron, Canton or Summit county area, contact our office to schedule a free, initial consultation. Our Akron criminal and traffic law attorneys will work with each client and address their specific concerns to come to the best possible resolution to their criminal or traffic offense. Please call our office at 330-922-4491 or fill out our contact form.

How to Prepare For a Divorce

Tue, 06 Oct 2020 16:44:31 GMT

It’s time. You’ve decided to end your marriage. What’s next? Where do you start? How do you prepare for a divorce? All of the questions are coming up.

Divorce isn’t usually something people expect. Often, the process can be difficult and taxing.

With a little guidance, you can alleviate some of the pain of what you’re going through. Let’s look at some ways to ease your journey.

If you are in the beginning phases of the divorce process, there are several ways to prepare:

Remain Neutral

Keeping your transactions more business-like will help you maintain forward momentum and likely a more fair, smooth proceeding.

Actively Participate But Keep Reactivity in Check

You want to continue to look at the big picture, take responsibility, and surround yourself with support to help lessen your emotional reactions.

Goals and Expectations

What your aspirations for the case are and what you want the outcome to be will help you guide the process along and clearly outlines everything.

Criminal History/Police Involvement

Whether you or your spouse have run-ins with the law, you need documentation ready.

Drug/Alcohol Abuse Issues

Any current and previous issues need to be reported so that nothing comes up unexpectedly.

All Assets

It is important to know where they are located and how you acquired them will be necessary.

Prenuptial Agreement

A Prenuptial Agreement can protect yourself in case things do not go as planned. If you currently have/had one, disclose that information to ensure there are no surprises and it can be properly handled.

All Debts and Liabilities

Similar to assets, your future responsibilities will need to be considered as well.

Hidden Assets, Cash, Expenses

If your spouse is hiding assets, cash, or paying their current boyfriend/girlfriend’s expenses, bring that to light in the case.

Sources of Income

For the sake of being thorough, you want to be clear on any and all sources of income.

Children Information

Issues of child custody, visitation, and child support are not simple, there is a lot to consider when figuring out how you will raise your child moving forward. Details about your children (i.e. number of children, age, where they live, etc.) is going to be an integral part of the process.

Separation

You will want to have the dates for when you were married and when you were separated to take into account of the proceedings.

If you are interested in legally ending your marriage or would like to discuss your rights, please call us Akron divorce attorneys to make an appointment to discuss your potential divorce. If you have already been served with divorce papers by your spouse, you need to retain an attorney immediately, as there are court required deadlines that need to be met. Call us at 330-922-4491 or contact us online so that we can immediately schedule you for an initial consultation.