Hottenroth, Garverick, Tilson & Garverick Law Blog

Your divorce is final, and you breathe a sigh of relief because you can now move forward with your life. However, life likes to throw curve balls. Unexpected changes are difficult enough but even more so after a divorce due to added complexity. You find that now your agreement no longer works for your situation. What can you do?

Fortunately, Ohio allows for post-divorce modification under certain circumstances. If you can show a substantial change that affects one of these areas, you may be able to petition the court to modify your divorce order to meet your new needs.

When going to a hospital here in north central Ohio for surgery or other treatment, you might experience a flurry of thoughts and emotions. You might have all kinds of hopes regarding how your treatment will go. You also may have some worries. This could include concerns about the possibility of developing an infection during your time at the hospital.

Generally, the answer to this question is YES. Real estate closings typically can involve some of the largest dollar transactions in a person's life yet, it seems that many people avoid using lawyers in such transactions, and appear to be much more prone to use the services of lawyers in transactions involving far fewer dollars! Not only do we recommend that our clients discuss real estate transactions with their attorneys before entering into contracts to sell or buy real estate, we also recommend that they keep their attorneys involved until after the transactions are closed. Innumerable potential problems can arise, many of which will legitimately require advice or other services from a trained and licensed attorney. These can include, but certainly are not limited to the following: a problem with an easement, difficulties with tax liens, inaccurate legal descriptions, incorrectly executed documents to prior owners of the property, court orders affecting title to or the use of the property, restrictions on property use, entitlement to appliances located in the real estate, possession of window treatments, antennas and rotors, etc. And, even at closings issues can arise like inappropriate crediting of costs or expenses, improper charge backs, improper execution of documents, etc. I know I have said this before on a lot of occasions, but it seems to me that there are many people who are very quick to seek the services of a lawyer when they buy a relatively small item (like a vacuum cleaner, bicycle, used car, etc.) who are for some reason much more reluctant to consult lawyers with transactions as major as purchasing or selling a home. I think it makes good practical common sense generally for people to consult lawyers when they are contemplating engaging in real estate transactions, and through the process of acquisition and financing homes and land.

The American justice system depends upon testimony of witnesses. Most testimony is handled orally, but there are some situations in which it is done in writing. If you have a case in which a lawyer is representing you, and you are a Plaintiff, Defendant, Movant, Respondent, etc., the odds are that you will need to be a witness in your own case. You will probably be requested to give oral testimony, which more often than not will involve you answering questions presented to you by lawyers on both sides of your case. If you are not a party in the case, you may still be called upon to answer questions as a non-party witness, to clarify the facts for the aid of the Court. You may be called as a witness by one side or the other, or in some cases both.If you receive a request to testify, it would be wise for you to discuss the matter with your own attorney to determine what your responsibilities, rights and obligations may be. When you testify in a Court proceeding, you will be under oath. You are required to tell the truth. It is not appropriate for you to guess, exaggerate, or to fabricate facts that don't exist. If you are asked a question that is not clear to you, it is generally permissible to ask for clarification. It is important that witnesses understand what is being requested.Always remember that a person who lies while giving Court testimony may be charged with the crime of perjury, which is quite serious.Sometimes witnesses are asked questions which are difficult, and which may lead one to anger. However, raising your voice at a lawyer or Judge in a Court proceeding, being critical of the Court or counsel, etc., is inappropriate. When testifying, you should always focus on the question and the answer, and tell the truth. If you don't know the answer, you should say so.Many people feel that they are being asked to go above and beyond the call of duty when they receive requests to testify. Sometimes, that may be the case. However, having the ability to question witnesses is one of the hallmarks of our legal system, and often is very necessary to the orderly administration of justice in America.Many times, acting as a witness can be a very responsible thing for an American citizen to do. If in doubt about your rights or your obligations, we suggest that you should consult your attorney.