What Do I Need to Consider Before Getting Remarried?
Hoover Kacyon
February 4, 2025

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:


  1. Understanding Past Mistakes: Reflect on the reasons your first marriage ended. Identify patterns or behaviors to avoid repeating in your new relationship.
  2. 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.
  3. Reviewing Financial Implications: Second marriages often involve complex financial considerations, including:
  4. Alimony: Remarriage typically terminates alimony payments. Notify your former spouse promptly, as required by your divorce agreement.
  5. Household Finances: Discuss shared expenses and financial responsibilities to avoid conflict later.
  6. Life and Health Insurance: Update beneficiaries and ensure compliance with previous agreements before making changes. 
  7. 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.
  8. 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.


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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.
By Hoover Kacyon January 15, 2025
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.
By Hoover Kacyon January 26, 2024
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.
By Hoover Kacyon January 17, 2024
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. 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.
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