Reflections About My Impending Retirement From The Practice of Law…

FROM EVERYONE AT HOLZFASTER, CECIL, McKNIGHT & MUES: Anne, throughout your legal practice you have always exemplified the highest standard of competence, professional and civility in in your dealings with clients, staff, Courts and other lawyers. We will ALL miss you as will the entire domestic relations bar! Please stay in touch as you transition into retirement!

anne shale retirementTo become organized and prepared to write this Ohio Family Blog Article, I spent some time reflecting upon my entire life and determined it would be more clear to the reader if I described the four (4) stages of my life. They are as follows:

Stage 1 – Growing Up and Being a Student:  The first stage of my life encompassed the ages of birth through graduation from college in 1967. I was a student during most years of Stage 1. I was very fortunate to be raised by an intact family. My parents loved and adored one another and they loved and cherished the four (4) of us. As a practicing attorney who specializes in domestic relations law, I can appreciate the gift that I was given by being raised in a loving and intact family.

Stage 2 – Getting Married, Read More... “Reflections About My Impending Retirement From The Practice of Law…”

Domestic Violence Law Creates an Address Confidentiality Program for Victims

ALERT: New Voter Registration Address Confidentiality Law For Domestic Violence Survivors And Other Crimes, Passes In Ohio

domestic violenceOn October 6, 2016, Governor John Kasich signed a new law that allows domestic violence victims, as well as victims of rape, sexual battery, menacing by stalking and human trafficking, to secure an Address Confidentiality Program (ACP) number, assigned to a P.O. Box at the Ohio Secretary of State’s office, to be used for all governmental records in Ohio.  Ohio’s “Safe at Home” law allows victims to apply for a confidential address from the Secretary of State’s office, which will not be accessible to an abuser trying to track them down.

State Rep. Mike Duffey (R-Worthington), a primary sponsor of the legislation, said in a released statement, “In one case, a woman was tracked three times as she moved to avoid her abuser, but because her address wasn’t confidential, that abuser was able to find her and climb into her bedroom window at night carrying a gun. No person should have to choose between the right to vote and simply being safe at home”.

Emergency Protection To Victims of Domestic Violence

This law will permit victims the freedom to register to vote, register … Read More... “Domestic Violence Law Creates an Address Confidentiality Program for Victims”

Revenge Porn Legislation Now Pending in Ohio!

ALERT: Will A New Revenge Porn Bill Pass in Ohio?

revenge porn ohioOn January 31, 2015, we posted an article “Revenge Porn Laws Enacted In Many States Except Ohio ” and chronicled the trend of States rushing to enact anti-revenge porn legislation. For those unfamiliar with the term, it is defined by the National Conference of State Legislatures as “posting of nude or sexually explicit photographs or videos of people online without their consent, even if the photograph itself was taken with consent.” As we then predicted, Ohio would likely be considering this type of legislation soon. Thirty-four states and the District of Columbia have similar laws, according to the Cyber Civil Rights Initiative. In addition, there is also Federal legislation pending.

Senate Minority Leader Joe Schiavoni (D) introduced Senate Bill 353 on September 8, 2016, to make revenge porn a crime and add protections for victims. “We know that when these images go public, it has devastating effects on a person’s career and personal life,” Schiavoni said in a news release. “This bill gives Ohio the tools it needs to hold these perpetrators accountable.” Schiavoni indicated that he decided to address revenge porn after working on legislation about cyber bullying.… Read More... “Revenge Porn Legislation Now Pending in Ohio!”

A Review of the Book, Unliving the Dream

Review Unliving the Dream

Below is my review of the book Unliving the Dream by Sandra Vischer. These five (5) are the major characters or “players” in this fictional life story.

  • Alex: The Wife/Mother and author of the book. She has been married for twenty-plus years before the “story” unfolds before her eyes. She believes that she has a very happy and loving marriage.
  • James: The Husband/Father of the story. He is the one who initiates the break-up of the marriage and family.
  • Mara: The “other woman” who just happens to be a friend of Alex and an employee of the family firm.
  • Lily: The daughter of Alex and James.
  • Jack: The son of Alex and James.

When the book commences, Alex and James are at a hotel in Victoria, Canada. Alex senses that something is amiss with their relationship and marriage of twenty-plus (20) years and keeps asking James questions about what is wrong and what is happening to their relationship. He finally blurts out these words: “There is someone I would like to start seeing. I just need a little break. I want to see what it feels like to live on my own”. The words are devastating to Alex and she, … Read More... “A Review of the Book, Unliving the Dream”

Parenting Time: The “New” Standard Order of Parenting Time for Montgomery County, Ohio

What Are The New Changes In The Standard Order of Parenting Time Regarding Mother’s Day And Father’s Day?

standard order of parenting time father's dayOn September 3, 2011, I posted an article on the Ohio Family Law Blog about the “New” and “Improved” Montgomery County Standard Order of Visitation. At that time, the major change was in the way Summer Parenting Time was to be exercised. The Court decided that Fathers should have alternate weeks of visitation during the summer rather than being limited to just five weeks or thirty-five (35) days of visitation. Some Fathers have elected to take advantage of this change in the Standard Order of Parenting Time and some Fathers, because of work schedules and other factors, have simply chosen to stay with the four (4) to five (5) weeks of visitation during the summer vacation period.

On February 1, 2016, the Domestic Relations Court of Montgomery County, Ohio issued a “new” Standard Order of Parenting Time with the major difference being in the way that Mother’s Day and Father’s Day are addressed. I shall present to you the exact changes in this provision and the rationale for same:

7/01/2011: Standard Order of Parenting Time regarding Mother’s Day and Father’s Day:… Read More... “Parenting Time: The “New” Standard Order of Parenting Time for Montgomery County, Ohio”

Separation: What is the Difference Between a “Separation” and a “Legal Separation” in the State of Ohio?

Delaying your divorce? Things you should know before filing for legal separation; an unexpected court decision for you and your spouse

legal separation divorce

When I began to practice family law in 1988, there were three (3) major proceedings in the Domestic Relations Courts of the State of Ohio:

  • Divorce:  Wherein one party files a Complaint for Divorce and the other party generally files an Answer and Counterclaim. The proceeding is assigned to a Judge and the case is managed by that Judge and the Court.  The parties’ marriage would be terminated via a Final Judgment and Decree of Divorce. A divorce proceeding generally takes nine (9) months to twelve (12) months to reach closure.
  • Dissolution:  Wherein the parties file a Petition for Dissolution of Marriage with a Separation Agreement attached thereto.  This proceeding is characterized as being “settled” at the time of filing.  A hearing is held at least thirty (30) days after the filing of the Petition and the parties marriage is terminated via a Final Decree of Dissolution of Marriage.  This proceeding is generally less expensive and less traumatic/emotional as all issues are “resolved” via the parties’ Separation Agreement.
  • Alimony Only:  Wherein one party, usually the “financially disadvantaged” Wife,
Read More... “Separation: What is the Difference Between a “Separation” and a “Legal Separation” in the State of Ohio?”

Divorce: Helping Children Succeed After Divorce Seminar – Hosted By The Greene County Domestic Relations Court

Greene County Domestic Relations Court Seminar To Help Children Succeed Post Divorce – A Review and Breakdown

divorce seminar childrenOn Saturday, February 22, 2016, I had the opportunity to attend a seminar entitled “Helping Children Succeed After Divorce.” The seminar was held at the Greene County Domestic Relations Court located at 595 Ledbetter Road, Xenia, Ohio. The cost for attending the program is included in the Court’s filing fee for either a divorce, dissolution of marriage, or legal separation proceeding. The Court has three (3) two-hour seminars per month to accommodate the working schedules of all parties. Two seminars are held in the evening from 6:00 to 8:00 p.m. and one seminar is held on one Saturday per month from 9:30 a.m. until 11:30 a.m.

Parents of minor children are “ordered” at attend this seminar and a failure to attend could result in a loss of parenting time (also known as visitation) until the non-compliant parent attends the seminar. To schedule an appointment time for the mandatory divorce seminar, parties are instructed to call (937) 562-6249, Extension 0 to schedule their date and time to attend the workshop. Although parents must attend the mandatory divorce seminar, the parties are not required … Read More... “Divorce: Helping Children Succeed After Divorce Seminar – Hosted By The Greene County Domestic Relations Court”

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