Robert L. Mues, Author at Ohio Family Law Blog

Legal Alert: Planning for Parenting Time – Ohio’s Guide for Parents Living Apart

Did You Know? Ohio Supreme Court Chief Justice Maureen O’Connor has Written a Guide About Planning Parenting Time Schedules for Parents Living Apart

Looking for a resource in Ohio to help you design a parenting time schedule that will work best for you, your Ex, and your children? I thought it worthwhile to share this resource with the readers of the Ohio Family Law Blog. This is not a new resource. It was published in 2019 by the Ohio Supreme Court Chief Justice Maureen O’Connor.

I was thinking about her the other day, since I knew she was retiring from the Ohio Supreme Court in January. She has served Ohio for 24 years in various elected State of Ohio offices – longer than any other woman in Ohio. In addition, Justice O’Connor has been passionate about child related issues throughout her career.

She introduced this resource as being “Ohio specific and it is intended to . . . foster fair and creative parenting schedules based upon children’s developmental milestones and best interests.”

Prenting Time Schedule Resource: How To Download “Planning for Parenting Time – Ohio’s Guide for Parents Living Apart”

This Planning for Parenting Time – Ohio’s Guide for Parents … Read More... “Legal Alert: Planning for Parenting Time – Ohio’s Guide for Parents Living Apart”

Tips for Smooth Parenting Exchanges for Divorced Parents

Tips To Help Make Visitation Exchange Go Smoothly For You, Your Ex, And Your Child

Visitation Exchange Involving Children can often be Stressful after Divorce. Tips to make Parental Exchanges Trouble-Free for all!

It goes without saying that in most cases divorce is a difficult and an emotional time, especially when children are involved. Even though you may have worked out the details of “sharing” the children the actual exchange of the child/children can be a stressful time and can bring out the worst in the parents. Remembering what you both want is in the best interest of the children is so important! This blog article is going to offer tips to help ensure that the swap goes well.

BE PREPARED IN ADVANCE

First of all be prepared and plan ahead so that your child has all that he or she will need at your ex’s house. It is a good idea to have clothes, toys, and school supplies at both residences, but there are certain items that will most likely need to travel back and forth. In order to make the transition easier, try to get everything ready in advance to reduce the stress. Make sure any medications are … Read More... “Tips for Smooth Parenting Exchanges for Divorced Parents”

Should I Stay or Should I Go? To Divorce or Not?

The perfect month For filing for Divorce is…

Divorce for the Holidays! The Perfect Time to File for Divorce?

This is the time of year that many people have this exact question on their mind. If you are old like me, perhaps you remember this song by the British punk rock band The Clash from 1982. Or if not, maybe later from a Levi’s 501 jeans television commercial shot in a pool hall.

Here are some of its memorable lyrics:

“Darling you got to let me know
Should I stay or should I go?
If you say that you are mine
I’ll be here till the end of time
So you got to let me know
Should I stay or should I go?

It’s always tease tease tease
You’re happy when I’m on my knees
One day is fine, and next is black
So if you want me off your back
Well come on and let me know
Should I stay or should I go?”

Click here to watch the Levi Jeans commercial including the song.

Why is January Often Referred to as “Divorce Month?”

There are many reasons that folks come in to my law office after the holidays… Read More... “Should I Stay or Should I Go? To Divorce or Not?”

Tips to Avoid Exhaustion After Your Divorce

I tell new clients to prepare themselves at the start of their divorce. My warning – A divorce is typically not a sprint but is usually a marathon! So, prepare yourself accordingly! So, how does one go about avoiding that “marathon”?

Here are my top tips to help you avoid total exhaustion after your divorce.

Tip One: Establish Your Top Priorities

I can’t tell you how critically important this truly is. Contested divorce litigation moves slowly and is very expensive! Some individuals come to the initial conference with a warrior’s mindset. They are often “hurt” and want to lash back by fighting everything. Please understand that there is really no “winner” or “loser” in divorce litigation. That “fight at all costs” approach is a mistake for most people. Why? Because litigating all the small issues will take forever and likely cost a fortune!

Some divorce lawyers may not agree with me on this. Many are willing to champion every fight their client wants. Others seem to have a form “checklist”. They start with the first item on the top of their checklist and won’t move on to item 2 until number 1 has been resolved. Yes. This is … Read More... “Tips to Avoid Exhaustion After Your Divorce”

What Do I Do if My Ex Refuses to Follow the Terms of Our Final Decree of Divorce?

Filing a Contempt Motion Against Your Ex: The Pros and Cons

Your Ex Could be Held in Contempt Motion for Failure to Comply with a Divorce Court Order

Divorce cases can often continue to create headaches for the parties long after the Final Decree of Divorce has been issued. Sorry to perhaps be the bearer of bad news! Some individuals will refuse to follow Court Orders no matter what the issue or how clearly it is stated in the Court Order.

Some Ohio Courts are becoming more sensitive to that reality and are channeling “high conflict” post decree cases to a different docket so that they receive greater attention including scheduling periodic review hearings (especially if the issue pertains to parenting time).

But, let’s go back to the basics first.

WHAT IS A MOTION FOR CONTEMPT?

The Court speaks through its Court Orders and Entrys. For example, the Final Judgment and Decree of Divorce sets out the specific terms the parties are Ordered to follow on each and every issue from parenting time to division of assets and debts. Technically,” contempt” is a disregard, or disobedience to the Orders or commands of Judicial authority.

For example, your Ex can … Read More... “What Do I Do if My Ex Refuses to Follow the Terms of Our Final Decree of Divorce?”

Protect Your Credit Score if You are Going Through a Divorce!

Your Credit Score Could Drop During Divorce

If you are going through a divorce, most likely there are lots of things on your to do list, and lots of details to attend to. One of which is, protect your credit score. According to a 2019 survey conducted by Debt.com with Moneywise.com, 38% of respondents saw their credit score drop by more than 50 points after separating from their partner. If you are going from a 2 income house to a one income, yours, your financial situation could change quite a bit.

The first thing you want to do is to run your credit report. You may not like what you see, but it is not one of those things you want to ignore. Hiding your “head in the sand” and ignoring what is there won ‘t help matters. By running your credit report you will find out what your credit score is. You can run it by going to this website. annualcreditreport.com or call this number to request it. (1-877322-8228)

In addition to getting your score, you can also see all of your accounts. It will list when each account was opened, and if they are still open. … Read More... “Protect Your Credit Score if You are Going Through a Divorce!”

LEGAL ALERT: Sealing a Divorce Court Case File in Ohio May Now be a Bit Harder

Clear And Compelling Evidence Must Be Presented To Obtain An Order To Seal Records In Ohio

Going through a contentious divorce can be a horrible experience! In addition, the Courts require that lots of personal information be submitted as part of the process. But who wants all that “dirty laundry” to be online for anyone to view? There may be a lot of reasons why it could be harmful to the parties to allow public access to the filings, pleadings, decisions and Court Orders.

REQUEST TO SEAL COURT FILE?

The typical remedy is to file a motion requesting the Court to seal the entire file (or at a minimum the very sensitive ones) — meaning that the public cannot access the contents of the Court proceedings. In Ohio, as in most states, that decision comes down to the Judge’s view on the merits of your request. Typically the Judge almost has unlimited discretion to decide to seal or not seal a case file.

WHY IS MY DIVORCE CASE ANYONE ELSES BUSINESS?

In Ohio, as in most states, the court systems are “open” proceedings. [That is not true for Juvenile Court where the proceedings are generally closed.] The Rules of Superintendence for … Read More... “LEGAL ALERT: Sealing a Divorce Court Case File in Ohio May Now be a Bit Harder”

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