Grounds for Divorce in Ohio

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Divorce in OH

An attorney with more than 18 years of experience, Kyle T. Kirts runs his private practice in Dayton, Ohio, where he represents clients in a variety of legal areas, including criminal and traffic law. Kyle Kirts also practices family law, which includes fault and no-fault divorce cases.

Every state allows no-fault divorces in which the person filing for divorce does not have to prove his or her spouse did anything wrong, but Ohio and some other states allow divorce on either fault or no-fault grounds. A client may want to consider a fault divorce when it can provide some leverage regarding decisions on child custody or distribution of marital property.

In Ohio, a no-fault divorce requires only a separation of at least one year. Grounds for a fault divorce include adultery, extreme cruelty, and habitual drunkenness. A fault divorce may also be granted if the adverse party was imprisoned at the time of filing or willfully absent for the year prior. Any proof that the marriage contract was fraudulent or the adverse party committed gross neglect of duty in the marriage is also considered in a fault divorce. A consultation with a seasoned Ohio attorney can help determine whether a fault or no-fault divorce is the right choice for each client’s unique situation.


Probate Administration in Ohio

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Probate Administration in Ohio

A privately practicing attorney, Kyle T. Kirts comes to his role with more than 15 years of experience. Kyle Kirts handles a diverse portfolio of cases, including those processed in probate court.

Probate court exists to process the distribution of assets after a person’s death. Probate proceedings cover any assets that the deceased individual solely owned, as co-owned assets typically transfer directly and without difficulty. Assets in survivorship tenancy also transfer automatically, as do any insurance benefits or assets with a particularly designated beneficiary. Individuals may also choose before their deaths to specify inheritance via a trust, which specifies a different path of transfer, though some estates are exempt from probate because the value is below a specified amount.

Assets that do go through probate fall under the management of the estate’s executor. The deceased person’s will often indicates the identity of this person, though estates without a willing named executor may require the courts to appoint an appropriate individual. If the deceased person has not developed a will, the court will name an administrator to resolve finances and distribute assets. The full process can progress to closure in as little as six months or as long as several years, depending on the complexity of legal proceedings and the necessity of any claims or audits.

Penalties in Ohio for Operating a Vehicle While under the Influence

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Owner of a solo practice in Dayton, Ohio, Kyle T. Kirts serves clients facing criminal and civil charges. Kyle Kirts has represented many clients in traffic court since opening his practice in late 2009.

In the state of Ohio, intoxicated drivers 21 years of age or older may receive a conviction of operating a vehicle impaired (OVI). The conviction applies to any driver of a motor vehicle whose blood alcohol content is 0.08 percent or higher. However, drivers of commercial vehicles must only reach a level of 0.04 percent to receive a charge.

If convicted, a driver would receive a license suspension of 90 days for a first offense. Offenders also are subject to criminal charges that include monetary fines and mandatory imprisonment, though courts may instead order a first offender to complete a driver intervention program. Criminal charges may also increase an offender’s length of license suspension, which may include restricted operating privileges.

Penalties increase in severity with each subsequent offense. Second offenses incur higher fines and longer suspensions, as well as extended prison sentences and the potential for house arrest. Courts may also require these offenders to surrender their vehicles for 90-day impounding and to undergo mandatory drug and alcohol testing. Third offenses lead to mandatory drug and alcohol treatment as well as increasingly severe penalties.

Sentences also become higher for any offenders with blood alcohol levels over 0.17 percent. Similarly, those who refuse blood alcohol testing may be subject to lengthier license suspensions. An offender can appeal a refusal-based or failure-based suspension, though he or she must prove the charges invalid according to state law.

Fighting a Traffic Ticket in Ohio

For the last six years Kyle T. Kirts has served clients in and around Dayton, Ohio, as an attorney at law. Kyle Kirts has experience in various areas of law, ranging from landlord and tenant disputes to traffic defense.

Ohio residents or travelers passing through the state have two options after receiving a traffic ticket. A person can choose to pay the ticket or to fight the charges. Individuals who opt to fight the ticket can either represent themselves during traffic court proceedings or can elect to hire a traffic ticket lawyer.

To officially challenge the ticket, a driver must enter a “not guilty” plea in writing on or before the court date and time listed on the citation. However, it can be advantageous to travel to the court well in advance of the trial date in order to fill out the necessary paperwork and perform beneficial research. A traffic lawyer skilled in the intricacies of Ohio driving laws can be especially helpful when it comes to the latter.

In the event of a successful challenge, all fees and penalties associated with the ticket will be waived by the court. However, an individual may still need to pay attorney fees and, if applicable, court fees.

A Landlord’s Legal Responsibilities in Ohio

An attorney representing clients in the Dayton, Ohio, area, Kyle T. Kirts has more than 15 years of experience litigating criminal defense and family law matters. Kyle Kirts also handles landlord and tenant cases.

In the state of Ohio, landlords must comply with specific regulations regardless of whether these stipulations are outlined in a lease. The law also does not allow a tenant to waive the landlord’s obligations under any circumstance.

The regulations require landlords to maintain the facilities up to health code and safety standards, assume responsibility for sanitation in common areas, and supply running water to tenants. Further, landlords must make a reasonable amount of hot water and heat available at all times. However, the regulations allow the landlord to enforce an agreement stipulating that the tenant will pay for part or all of the utilities supplied to a residence. Property owners must also adhere to tenant privacy rights and not enter a home without a legitimate reason, such as to make repairs, inspect for damages, or show the home to prospective renters.

Ohio Pushes for Harsher DUI Penalties

For 15 years Kyle Kirts, a member of the Ohio State Bar Association, has worked as an attorney in Dayton, Ohio. Throughout his legal career, Kyle T. Kirts has worked in numerous areas of law, including traffic defense and juvenile law.

Ohio law makers and public safety advocates have joined forces in hopes of passing Annie’s Law, a piece of legislation which would force individuals who have been charged with driving under the influence to install a sobriety-testing device in their car. The push for these ignition interlock devices is currently stalled in a legislative committee, though supporters maintain hope that Annie’s Law will pass if individuals such as Christopher Hart, acting chairman of the National Transportation Safety Board, continue to champion the cause.

Should Annie’s Law pass, Ohio would join 24 states that have already implemented interlock ignition legislation for convicted drunk drivers. When using an interlock ignition device, drivers must register a blood alcohol level of .025 or less before the engine will respond. Should the driver fail the test three times, the car engine will lock for a period of time. In states that have passed the law, first-time offenders often have to use the device for at least six months. At present, Ohio utilizes such measures only for repeat offenders.

Evicting a Tenant in Ohio

Since 2009, Kyle Kirts has served as an attorney based out of Dayton, Ohio. As a legal professional with more than 15 years of experience, Kyle Kirts has worked in various areas of law. Among these, Kyle T. Kirts has excelled in representing both landlords and tenants in legal disputes.

In the state of Ohio, the eviction process may begin when a tenant fails to pay rent on time or in some other way violates the terms of the lease the individual signed with the landlord. If a landlord attempts to evict an individual for any other reason, additional legal actions can be taken against the landlord. If the lease has been violated, the landlord must first issue a notice of intent to evict; the tenant then must be given at least three days to vacate the premises before the eviction process begins. Although the process does not begin until this three day period has passed, landlords are not obligated to accept late rent, or a fix to other lease violations, and stop the process.

After an eviction notice is served, the landlord must file an official complaint with the relevant municipal court, which then serves the tenant with a court date. At this time, tenants are afforded the opportunity to defend themselves. At the close of the eviction trial, a judge will determine whether or not the eviction is justifiable.