Law Firm Zashin & Rich Co., L.P.A. Attorneys Cleveland Ohio Lawyers

Editors: Andrew Zashin and Christa Heckman

Thank you for visiting our blog. We are a Cleveland based law firm. Zashin & Rich Co., L.P.A. represents individuals in all facets of domestic relations law and employers in all aspects of workplace law.

We have created this web log (blog) to provide useful information about common legal concerns related to all aspects of family/domestic relations law. Browse our prior posts, and keep checking in with us as we continue to update this site with more helpful news on a variety of topics.

If you have any questions or topics you would like to see addressed in a future post, please don't hesitate to Contact Us.

Andrew Zashin & Christa Heckman
Zashin & Rich, Co., L.P.A.
Cleveland, Ohio

Property Division in Divorce - Jamie McCourt is Looking for the Payoff Pitch
May 13, 2013
Topic: Property Division

March 28, 2012... the Los Angeles Dodgers announced that the team sold for a record-breaking $2 billion dollars. And Jamie McCourt cries FOUL! Jamie claims that her ex-husband Frank McCourt, former owner of the team, intentionally underestimated the value of the team and cheated her out of a serious chunk of change. About $770 million worth of pocket change. That's a whole lot of Cracker Jack!

What led to the dispute was that on October 11, 2011, Jamie and Frank executed a Binding Term Sheet agreeing to a distribution of assets from the marriage. Subsequently, in January 2012, Jamie executed a Stipulated Judgment asking the court to enter the terms of the Binding Term Sheet and acknowledged that she was waiving her right to a full hearing. Jamie even agreed that although the value of the LA Dodgers had been a contentious issue during negotiations, she was willingly entering into the agreement "egardless of the value that [the team] may ultimately have." Now Jamie is asking the court to set aside that agreement and award her a distribution based upon what the team actually sold for.

Why Courts Make It So Hard to Relocate with Your children... And How to Win...
March 05, 2013
Topic: Relocation

Once upon a case, a woman from New York met a man from Cleveland and they fell in love. The man had a successful business in Cleveland and lots of family there. All of the woman's family was in New York. The woman decided to move to Cleveland in order to marry the man and start a family. They had several children. The woman primarily raised the kids while the man worked. The years passed. The marriage failed. The woman wanted to return "home" to New York with the children. In the practice of Family Law, this sad story repeats itself over and over again.

These are complicated and emotional cases. Almost always the woman in this situation cannot "relocate" to New York with her children, even though the relocation is actually a return for her. There a several reasons for this. But to make a long story very short, here's why:

Laws generally prevent the permanent removal of children from the jurisdiction of court. Ohio's law is a perfect example. It is specifically biased against out-of-state relocations, requiring the moving parent to file a notice of relocation, and permitting the non-moving parent to demand a hearing to determine what sort of modification to the parenting plan is possible. While Ohio courts will not prohibit a parent from moving, they can, and sometimes will, find that the parenting arrangement should be modified to keep the children in Ohio. But it is theoretically possibly to relocate if the parent who wants to move can demonstrate that the move is in the child's "best interest." The "best interest test" is the heart and soul of nearly every custody or relocation case.

Attorney Jonathan Rich Certified as a Specialist in Family Relations Law
January 17, 2013
Topic: Law Practice Nationally Recognized

Congratulations to Zashin & Rich Co., L.P.A. attorney Jonathan A. Rich, who has successfully completed the rigorous qualification and examination process necessary to become a Certified Specialist in Family Relations Law. Mr. Rich joins an elite group of Ohio attorneys who have demonstrated the expertise and dedication to the practice of family law necessary to be labeled as a "specialist."

With this accomplishment, the firm claims two Family Relations Law Certified Specialists, Jonathan Rich and Andrew Zashin, and six Labor and Employment Law Certified Specialists, including George Crisci, Pat Hoban, Michele Jakubs, Patrick Watts, and Stephen Zashin.

How to Get a Religious Divorce in a Secular State
January 13, 2013
Topic: Religion and Divorce

The issue of the agunah - a woman whose husband refuses to give a get (Jewish writ of divorce) that must be offered by her husband - has garnered a good bit of attention in Israel. Earlier this year, it was reported that the Great Rabbinical Court in Jerusalem upheld one man's indefinite prison sentence. He has been imprisoned, and will continue to be imprisoned, for so long as he refuses to offer a get. As an aside, he has been in prison for more than 10 years.

In the United States, the issue was recently in the news in relation to Tamar Epstein, the nation's most famous agunah. Separated from her husband, Aharon Friedman, tax counsel for the U.S. House of Representatives Committee on Ways and Means, in 2008 and civilly divorced in 2010, she remains even now "chained" to the man who refuses to grant her a get.

Zashin & Rich Co., L.P.A. Attorneys Receive Super Lawyer and Rising Star Accolades
December 18, 2012
Topic: Law Practice Nationally Recognized

Zashin & Rich Co., L.P.A. is pleased to announce that Andrew A. Zashin, co-managing partner and head of the firm's Domestic Relations Practice Group, has been named for the tenth consecutive year to the Ohio Super Lawyers list as one of the top Family Law attorneys in the state. No more than five percent of the lawyers in the state are selected for such an honor.

Three other attorneys from the firm's Domestic Relations Group, Victoria A. Glowacki, Christopher R. Reynolds, and Christa Grywalsky Heckman, have again been named as top up-and-coming attorneys in the list of 2013 Ohio Rising Stars. Less than three percent of Ohio attorneys received such an accolade.

Religious Agreements, Secular Courts, and Children
December 17, 2012
Topic: Religion and Divorce

It is relatively common for potential clients to come to us and inquire about what religion their children will be after the divorce. Although this question may seem strange to the uninitiated, experienced divorce lawyers hear questions like this quite frequently. The question most often sounds like this: "if I un-convert, what happens to my children?"

Seeking to Enforce Religious Agreements in a Secular Court
December 07, 2012
Topic: Religion and Divorce

Often people come to us for divorce consultations and ask our advice about the religious "deal" they struck with their soon-to-be ex-spouse. They want to know whether or not the terms of the deal are enforceable, or, whether they can avoid enforcement of the deal. The separation of church and state is axiomatic in our country, making the enforcement of religious agreements an area fraught with uncertainty both for litigants and their lawyers. Although courts will certainly offer guidance in many situations, it is just as often the case that they find they cannot order an individual to do something related to the exercise of religion.

After looking at prior cases decided in multiple jurisdictions, the most reasonable conclusion we can reach is that the effective lawyer is one who bases his or her arguments on secular contract law and "neutral principles," rather than on religious ones. But, generally speaking, the answer is "no," such agreements are not enforceable in civil courts. People can change theirminds about religion and the religious deals they make. Courts are unable to interfere with a person's changed religious preference. This means that family law attorneys often find have to help their clients sort through the consequences of such a change.

Halle Berry's Violent Custody Battle: Domestic Violence and Child Custody
November 24, 2012
Topic: Domestic Violence

Halle Berry's personal family saga continues to evolve (see our previous posts on Berry's child custody case here and here, and a related one involving Kelly Rutherford.) Just a few days ago, on Thanksgiving Day, a fight broke out between Gabriel Aubry, the father of Berry's daughter Nahla, and Olivier Martinez, Berry's fiancée. Apparently, Aubry was arrested at Halle's house after allegedly pushing Olivier and striking him in the shoulder. (Martinez apparently defended himself by punching Aubry in the face - and sources differ as to whether Aubry was rendered unconscious from the blow.)

This comes at a particularly interesting time for Berry as she just failed in an attempt to get a court to grant her permission to relocate with her daughter to France, where Martinez lives. Does this violent episode help her? Does it hurt Aubry in the eyes of the court with regard to child custody? If a court finds that Aubry committed domestic violence will it help Berry get out of the country?

Keeping up the Holiday Cheer When You're Feeling Less Than Cheery
November 22, 2012
Topic: Divorce

As lawyers, our job is to help our clients navigate the often murky waters of the law. But, family law matters by their very nature have an emotional component and we do occasionally find ourselves tasked with helping clients answer questions that are less law and far more human. As today is Thanksgiving, it is an especially appropriate time to discuss one of the biggest challenges faced by divorced and divorcing parents.

What You Can Learn From Halle Berry's Failed International Child Relocation Attempt
November 15, 2012
Topic: Relocation

According to media reports Halle Berry sought a court's permission to move with her daughter Nahla to France against the wishes of the child's father, actor/model Gabriel Aubry. Berry is apparently engaged to another actor, Olivier Martinez, who lives in France. The court denied Berry's request to relocate. For anyone considering relocating with their children against the wishes of the other parent, there are some important takeaways from Halle Berry's failed relocation attempt.