The decision to terminate a marriage is a difficult one and not to be made lightly or hastily. The process of ending a marriage presents a number of complex legal issues. Experienced counsel is advisable, if not essential, to ensure a fair division of property and debts, allocation of parental rights and responsibilities, and determining spousal and child support.  These complexities are present in either litigating a divorce or reaching an amicable dissolution and the professionals at Rosenthal | Lane will have you navigate the difficult waters to final resolution.

Prenuptial agreements, antenuptial agreements, and premarital agreements are basically different names for the same type of agreement. They may dictate the management of assets during a marriage, as well as establish how they are to be divided upon the marriage’s end or a partner’s death. Experienced attorneys who understand the agreements and the consequences of divorce without an agreement can provide invaluable guidance.

A legal separation is like a divorce in that the parties divide assets and debts, allocate parental rights and responsibilities, and set support obligations, but remain married.

If you believe you, a family member or a property interest are under threat, Rosenthal | Lane will help you understand the various types of restraining orders that a court can issue and pursue the protection you need.

Custody cases are caustic, destructive and expensive – financially and emotionally. Rosenthal | Lane provides full and frank counsel about the process and its costs and be an aggressive advocate and protector if contentious litigation is inevitable.

Alternative Dispute Resolution (ADR) provides families with a supportive and respectful way to resolve conflicts outside of the courtroom.

Sometimes, questions or disputes over a deceased person’s estate or intentions inevitably end up in court. Our attorneys represent beneficiaries, family members and estates to ensure fair outcomes of inheritance disputes. Just a few potential areas of litigation include: the deceased’s competency; the executor’s or administrator’s qualifications or behavior; allegations that someone used undue influence to coerce changes to the will; or to seek a clarifying court ruling where some directive of the will is not clear.

Ohio has its own set of laws regarding adoptions and no two adoption cases are the same. Entrusting an experienced attorney will streamline the adoption process and ensure that you have the necessary guidance throughout its proceedings.

Surrogacy can be a long and complex road, and it is a specialized area of contract law. The enforceability of such contracts in Ohio relies on their context and framework. Choosing experienced counsel to assist is essential to protect your rights, whether you are the intended parents or the surrogate. A written surrogacy contract takes effect before the surrogacy process begins. It defines rights and expectations of all parties and addresses issues such as compensation, insurance coverage and medical care for the surrogate.

If an accident or illness leaves you unable to make the most critical decisions about yourself and your affairs, you will need someone you trust completely to represent you. Legal and health-care power of attorney documents are the way you choose your delegate.

It is no fun to think about who will raise your children if you die. But the alternative – having a disinterested court decide for you – is worse. Legal preparation ensures your control.

If you are asked to be the executor of an estate, you are responsible for carrying out the deceased’s wishes. That can be a lot of responsibility. You are entrusted with finding and filing the deceased’s will, notifying interested parties, inventorying and appraising assets, claiming life-insurance payouts, paying debts and taxes, distributing inheritances, closing accounts, and possibly representing the estate in court if disputes arise. Many executors wisely hire a probate attorney to assume some of these duties, ensure all are properly fulfilled and to reduce the chance of conflict.

Beneficiaries are inheritors named in a will. Heirs are descendants or close family members who have a legal inheritance claim if there is not a will. Beneficiaries and heirs may have specific rights. They may challenge the validity of a will. Beneficiaries can petition the court to replace an executor for misconduct, neglect of duty, estate mismanagement and other reasons. Beneficiaries and heirs often hire probate attorneys to secure their rights and ensure they are treated fairly.

In Ohio, courts may appoint a guardian to make personal, medical or financial decisions for a person who has lost the capacity to make such decisions. Probate lawyers are advocates in the complicated and emotionally charged process of filing or contesting a petition to have the court appoint a guardian. You should consult with a probate attorney if you believe a family member is incapacitated; you question the qualifications, motivations or ethics of a loved one’s court-appointed guardian; or you need to defend yourself against someone’s claim that you have become incompetent.