Madeline Kallay Madeline Kallay

Does Ohio Recognize Common-Law Marriage?

In most cases, no. However, under limited circumstances, Ohio could recognize a common law marriage that was entered in Ohio prior to 1991 or a valid out-of-state common law marriage.

Common law marriage, a union formed through mutual consent and cohabitation without obtaining a marriage license or ceremony, has long been a subject of legal debate across various jurisdictions. In Ohio, like many other states, the recognition and enforcement of common-law marriages are subject to specific legal criteria and requirements. Understanding the legality of common-law marriage in Ohio requires an examination of state statutes, court decisions, and established legal principles.

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Nicholas Weiss, Esq. Nicholas Weiss, Esq.

Can I change my child’s name after I’ve established paternity?

Yes, but it can be tricky. This scenario often lands in the jurisdiction of juvenile courts, where decisions are made with the child's best interests in mind. Changing a child's name is a significant legal step, and it requires careful consideration of various factors to ensure that the decision serves the child's welfare. There are a few key factors that must be weighed by juvenile courts when contemplating a name change for a minor after paternity has been established.

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Nicholas Weiss, Esq. Nicholas Weiss, Esq.

Securing your Future: How Divorce can Affect Your Social Security and Retirement Plans

The end of a marriage has intricate implications on your life, especially when it comes to financial aspects like Social Security and retirement plans. When a court considers spousal support, one aspect that emerges is the potential division and distribution of retirement benefits. Retirement benefits can also be divided as a part of marital property when it is earned during the marriage. Dividing retirement benefits in divorce proceedings can spark concerns about “double-dipping,” where a marital asset is divided in property division and again in spousal support. “Double-dipping” can lead to a financial burden on one party.

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Guest User Guest User

Landlord 101: Cleveland Heights Part 2

Landlord 101 is part of a series of informational posts provided by the Team at N.P Weiss Law that reviews commonly asked questions and other information and what a landlord/tenant could expect from each city/town/municipality in the Northeast Ohio area. This article is part two for Cleveland Heights and before reading this article, we recommend you begin with Part 1.

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Nicholas Weiss, Esq. Nicholas Weiss, Esq.

Landlord 101: Cleveland Heights Part 1

Landlord 101 is part of a new series of informational posts that reviews what a landlord could expect from each city/town/municipality in the Northeast Ohio area.

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Nicholas Weiss, Esq. Nicholas Weiss, Esq.

How to Avoid Probate without a Trust

The easiest way to avoid probating estate assets is to put those assets in a trust. This, however, is also an expensive and cumbersome way to do it, that typically requires numerous transfers and funding steps to put all of the assets inside.

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Nicholas Weiss Nicholas Weiss

How do you remove a house lien?

Have you recently discovered that your house has a lien on it? There are a couple of options available to you. It is highly recommended to hire a real estate attorney to help you through the process. These are the options they might guide you through from easiest to hardest.

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Nicholas Weiss Nicholas Weiss

Divorce or Dissolution?

Can I get a dissolution instead of a divorce?

Hopefully, yes. A dissolution is a process of obtaining a divorce. It is faster, cheaper, less adversarial, and better for your long term emotional and mental health. You may not be lucky enough to qualify though. Only certain couples who are on the same page with most things can qualify.

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Kelly Rochotte, Esq. Kelly Rochotte, Esq.

How to Choose a Contractor

In Cleveland, the real estate market is booming. However, many of the homes being snapped up by families and investors are also some of the oldest homes in the state. New homeowners and investors need competent contractors now more than ever. While there are many hardworking and experienced contractors, there are also many who should not be in the field.

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Bridget Sciscento, Esq. Bridget Sciscento, Esq.

Does my business need a lawyer?

Many people decide to create an entity like an LLC or corporation when they open a business. Creating an entity for your business has a lot of benefits, but it also has pitfalls. The biggest pitfall is that businesses cannot represent themselves in Court like individuals can.

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Bridget Sciscento, Esq. Bridget Sciscento, Esq.

Cleveland Evictions: Lead Safe Update

Trying to Evict a Tenant in Cleveland? Your Property No Longer Needs to be Lead Safe.

Ohio Court invalidated the Cleveland Municipal Housing Court’s Local Rule that required all landlords to provide proof that their lead safe was before filing an eviction against a tenant.

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Bridget Sciscento, Esq. Bridget Sciscento, Esq.

Should I Get a Prenup?

Prenuptial agreements (prenups) are deals between people getting married. They allow couples to decide how they want their money and property distributed if they get divorced. Frequently, a person getting married wants a prenup if they have a good deal more money or property than the person they are marrying and want to protect that money or property.

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Kelly Rochotte, Esq. Kelly Rochotte, Esq.

Where There’s a Will: Estate Planning 101

Everyone can benefit from an estate plan, and contrary to popular belief, it does not need to be complicated. A basic estate plan only has four elements to it: your last will, a living will, and two powers of attorney. Each item shares a common goal: to make sure your needs and values are heard when you can no longer express them. While most people don’t like to ponder their own demise, putting an estate plan together is an easy and practical measure for you and your family.

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Nicholas Weiss Nicholas Weiss

Beating a Default Judgment In Ohio

Beating a Default Judgment In Ohio

You’ve just received a garnishment order. Someone is trying to take money out of your paycheck, your bank, or is filing a lien against you. They claim that they’ve got a judgment against you in a case you’ve never even heard of. You call the court and, sure enough, a default judgment was entered against you. Now what?

• Prove that you didn’t respond because of mistake or confusion

• Prove that you didn’t know about it, that you never received the original complaint

• If you do any of these three things you have a much better position to fight the judgement

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Family Law Nicholas Weiss Family Law Nicholas Weiss

Domestic Violence, What Do You Need to Know?

Domestic Violence is a terrible and all too present reality that has only been exacerbated in the time of COVID. With current social distancing measures in place, the victims can’t escape and the abusers have no other outlet.


Though certainly not a complete description, this post hopefully can provide some basic information to those needing information about what domestic violence is and how they can get started in obtaining a domestic violence protection order.

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