Robert L. Mues, Author at Ohio Family Law Blog

Blast From The Past: An Overview of Adoptions, Guardianship and Custody Actions in Ohio

PUBLISHERS UPDATE: Here is one of my favorites posts about Adoptions, Guardianship and Custody Actions from back on June 5th, 2021! We have a ton of interesting articles in our archives of the Ohio Family Law Blog. Use our Search tool and enjoy a few oldie but goodies!

Legal Advice is Essential, if contemplating Adoption, Custody or Guardianship Action

The Legal Caregiver Roles in Ohio: Adoption, Custody and Guardianship. Which Role is Right For Me?

It is fundamental to those contemplating a new role of a caregiver of a child to know the rights and restrictions of each of these proceedings in order to best be informed about the legal possibilities and implications.

It is critical to have a committed person/family step in and assume the role of care in the precarious situations children or others needing care are often left in. Being informed is priceless, but obtaining legal advice is essential. Which option or approach is best for your situation may turn on specific facts and the legal jurisdictional requirements. But, here is an overview of the options.

What are the options?

Adoption:

Adoption terminates the legal relationship once held between the biological parent and the child. Anyone looking … Read More... “Blast From The Past: An Overview of Adoptions, Guardianship and Custody Actions in Ohio”

Did You Know that October is Domestic Violence Awareness Month?

domestic violence artemis center danger lethality assessment

Artemis Center in Dayton Provides Assistance to Victims of Domestic Violence

Recently Jane Keiffer, the executive Director of the Artemis Center in Dayton, shared an informative data sheet created by a past staff member about a “danger and lethality assessment” of cases from 2019-2022. Needless to say, Jane Keiffer and the Artemis Center do a phenomenal job assisting individuals who have been victimized by domestic violence. We are certainly lucky to have the Artemis Center in our community! Here is a link to the Artemis Center website.

What is a Danger and Lethality Assessment?

A “danger and lethality assessment” helps to evaluate the level of danger a victim of intimate partner violence is experiencing on a level-scale of 0 to 7. An Artemis advocate conducting the assessment goes through a 30-factor analysis to determine the level of danger and lethality a victim shows. A level of 0 is where there is no risk of future abuse either physical or sexual, while a level of 7 is where there is a high risk a homicide will occur.

Artemis advocates conducted 946 danger and lethality assessments in 2022. Artemis found that 54% of clients were at a … Read More... “Did You Know that October is Domestic Violence Awareness Month?”

How Your Health Insurance is Affected by an Ohio Divorce

Will My Health Insurance Coverage End During A Pending Divorce Proceeding? COBRA Law And Other Options To Consider

I recently realized that I had not posted a blog about health insurance and divorce in 10 years. Click here to read that one titled Health Insurance: Divorce Often Ends Coverage for Women. It is still worth reading after all those years!

YOUR SPOUSE CAN NOT CANCEL YOUR HEALTH INSURANCE DURING THE PENDENCY OF YOUR DIVORCE OR DISSOLUTION CASE.

In Ohio, Ohio Revised Code Section 3105.71 prohibits cancellation of health insurance coverage prior to the divorce court deciding responsibility. So that law preserves the status quo as it relates to maintaining health insurance coverage during the divorce. This is also true even if the insurance “open enrollment” period occurs during the divorce proceeding. Click here to read that statute. But what happens when the divorce cases ends?

The good news is that upon the termination of your marriage, there are various options to consider. Here are the basics.

DOES ONE SPOUSE PROVIDE HEALTH INSURANCE FOR BOTH SPOUSES?

If you both are on the same health insurance plan, you will likely need to take some steps to maintain your health insurance … Read More... “How Your Health Insurance is Affected by an Ohio Divorce”

How are Student Loans Treated in an Ohio Divorce?

Who Owes Student Loan Debt in a Divorce…is it Joint?

In the US Americans owe approximately $1.77 trillion dollars in student loan debts. That is a staggering figure! So, understandably, figuring out how these loans are dealt with can be very important for couples contemplating a divorce. In Ohio, there are many factors that need to be considered. Ohio is an equitable property division state. That means that the Court does not have to divide marital debts equally but only in a “fair or equitable” manner.

WAS THE DEBT INCURRED BEFORE THE MARRIAGE?

If so, the general rule in Ohio is that such a loan would be considered personal to the individual who incurred it. That person would continue to be solely responsible to pay his/her student debt loan.

WAS THE STUDENT LOAN DEBT INCURRED AFTER THE MARRIAGE?

Student loans obtained by one spouse during the marriage may be categorized as marital debt subject to equitable distribution. Heavilin v. Fillman, No. 2019-AP-04-0014, 2019 Ohio App. LEXIS 5502, at *10 (Ohio Ct. App. Dec. 23, 2019); Harris v. Harris, No. 2006-CA-0003, 2007 Ohio App. LEXIS 1160, (Ohio Ct. App. March 16, 2007); Webb v. Webb, No. CA97-09-167, … Read More... “How are Student Loans Treated in an Ohio Divorce?”

Tips to Reduce The “Shell-Shocked” Phase After a Divorce!

The Various Stages of Post-Divorce Transition…Once The Initial Shock Wears Off

I have been doing some reading lately regarding the various stages of post-divorce transition folks go through to compare it with what I have seen as a divorce lawyer over the past 40+ years. The various “expert’s” articles that I have read seem to confirm many of my personal observations.

Generally there are 5 to 7 different phases that psychologists have identified. Just like grief moves through different stages, so do divorced individuals. Like with grief, the stages vary with each person as does the length of each phase. This is understandable since often it is just one party that wants out of the marriage.

In a well-written article by Robert Taibbi, LCSW, posted in Psychology Today on March 11, 2023, titled 6 Stages of Separation or Divorce, the author clearly lays out the various stages of life during and after a divorce. He states that “once the initial shock wears off, many feel shell-shocked for many weeks. It takes about 6-12 months to feel more grounded”. Click here to read this article.

Beware the Calm Before the Stormy 7 Stages of Divorce

Dr. Jamie C. Williamson, … Read More... “Tips to Reduce The “Shell-Shocked” Phase After a Divorce!”

Blast From The Past: What Do I Do if My Ex Refuses to Follow the Terms of Our Final Decree of Divorce?

PUBLISHERS NOTE: Here is one of my favorites posts from back on November 12th, 2022! The advice rings as true now as it did then. We have a ton of interesting articles in our archives of the Ohio Family Law Blog. Use our Search tool and enjoy a few oldie but goodies!

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, … Read More... “Blast From The Past: What Do I Do if My Ex Refuses to Follow the Terms of Our Final Decree of Divorce?”

How a Dissolution of Marriage in Ohio Works and Why Completing a Financial Affidavit is Required

Financial Disclosure Affidavit Must Be Completed As Part Of The Dissolution Process

Why Must a Financial Disclosure Affidavit Be Completed Before A Dissolution Can Go Forward? I Just Want To Terminate the Marriage!

Since 2007 we have posted a fair number of blogs about the differences between divorce and dissolutions and about the dissolution process. Here are some links to make it easy to find and to read them.

Recently, it seems that I have had a lot of new clients come in to the office wanting to discuss and proceed with a dissolution rather than a divorce. I was asked by a client the other day why her husband needed to complete a financial disclosure affidavit because she didn’t care what he had, she just wanted to terminate the marriage and for each to go their separate ways.

Financial Disclosure Affidavit Serves As Springboard Towards Negotiation Process

That was a great question! Besides explaining that the Court … Read More... “How a Dissolution of Marriage in Ohio Works and Why Completing a Financial Affidavit is Required”

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