Robert L. Mues, Author at Ohio Family Law Blog

WHAT’S THE DIFFERENCE BETWEEN A DISSOLUTION AND DIVORCE IN OHIO

Marriages In Ohio Can Be Ended In One Of Two Ways, Dissolution Or By Divorce

A dissolution and divorce in Ohio is different than most states. In most states, those terms can be used synonymously, but they are alternate proceedings with different statutory regulations in Ohio. Marriages in Ohio can be ended in one of two ways – by divorce or by dissolution.

Dissolution

A dissolution proceeding is the quickest and easiest of the two methods to terminate your marriage, but in order to proceed with a dissolution there are certain considerations that must be met. Primarily, there must be a total and full agreement signed by both parties as to ALL terms of the dissolution. This means that both parties have to have a full agreement on all issues, including alimony, custody, child support, division of assets, debt allocation, division of household goods and furnishings, etc. There is no subpoena power available, which means both parties must exchange all financial information voluntarily.

If such an agreement cannot be reached on ANY issue, then a dissolution proceeding is not appropriate. In addition, restraining orders are not available to be issued in a dissolution action. Any party wanting to proceed with … Read More... “WHAT’S THE DIFFERENCE BETWEEN A DISSOLUTION AND DIVORCE IN OHIO”

Served with Divorce Papers in Ohio? Tips From Experienced Dayton Divorce Lawyer

List of What To Do When Served With Divorce Papers According to Experienced Dayton Divorce Lawyer Robert L Mues

You go answer the door and there’s a big guy on the other side. You slowly open it. He puts his foot in the door and asks your name. Before you open your mouth he hands you an envelope containing a fat stack of papers. He announces “You’ve been served!” which is often followed by “Have a nice day!” BAM! Whether expected or not, this is the “kick off” of your divorce case.

Your reaction will no doubt vary depending on your feelings about your marital situation and your level of happiness. Some individuals will be blindsided, hurt and even physically sick. Others may actually be relieved and welcome a fresh new start. No matter where you fall in this spectrum, here are some tips of what to do and not do.

THINGS TO DO…

Read the documents
As difficult as this may be, try to read through them. On the SUMMONS (which should be the first page), note the deadline to file your Answer. In Ohio, it is 28 days from the date you were served. Count those days on

Blast From the Past: Bitcoins and Hiding Crypto and Digital Assets in a Divorce Action

Blast from the past 13 years Ohio Family Law Blog

PUBLISHERS NOTE: The ownership of digital currency including cryptocurrency and Bitcoin has increased exponentially since my first Ohio Family Law Blog article “Bitcoins and Hiding Assets in a Divorce Action” on the subject on October 4, 2014. In that ”Blast From the Past” we provided an overview of bitcoin and cryptocurrencies and we geared it primarily towards my fellow divorce lawyers. Today, I want to update legal developments in this exciting area of Bitcoin And Cryptocurrency Divorce Issues and focus more towards spouses who may be having marital issues and who own bitcoin or other cryptocurrencies.

Finding Hidden Assets During Divorce: Bitcoin And Cryptocurrency

Current Bitcoin and Cryptocurrency Tidbits

Bitcoin and cryptocurrency has been in the news a great amount since the start of this year. In 2017 it soared in value to almost $20,000 per bitcoin, but this January it fell to below $8,000. It appears that it is on its way back up until Twitter joined Facebook and. Google banning cryptocurrency ads on March 26, 2018. At this point, the most popular coins are bitcoin, ethereum, and ripple. Lots of new merchants now accept bitcoin. Did you know that there are even bitcoin ATM’s in Cincinnati … Read More... “Blast From the Past: Bitcoins and Hiding Crypto and Digital Assets in a Divorce Action”

Another Same-Sex Parenting Rights Issue Upheld by the U.S. Supreme Court

U.S. Supreme Court Upholds Arizona Supreme Court Same-Sex Custody Case Decision

The U.S. Supreme Court declined on February 22, 2018, to hear an appeal of a case where the Arizona Supreme Court found that a lesbian woman should be recognized as the legal parent of the child she and her former wife conceived through artificial insemination during their marriage.

The case, stems from a custody dispute between Kimberly McLaughlin and Suzan McLaughlin. The couple was legally married in California in 2008, and chose to have a child via artificial insemination and an anonymous sperm donor. In 2011, Kimberly gave birth to the couple’s son. Two years later, she left with the child and cut off all communication between Suzan and their son. Upon filing for divorce, Suzan sought parenting time based upon an Arizona law regarding the presumption of parentage. Specifically, the law states that a child born to a woman within 10 months of her marriage is presumed to be biologically related to the father. However, Kimberly claimed that she cannot be required to share custody of her biological child because this presumption clearly states that it only applies when the other spouse is a man.

U.S.

Domestic Violence – Let’s Look at the Local Statistics!

Domestic Violence – No More Silence

The number of reported domestic violence cases has dramatically increased over the years since the domestic violence statute went into effect in Ohio in 1978. These numbers shocked me, even as a Dayton divorce lawyer who entered the practice back in 1978.

Chief Montgomery County Magistrate Keith Hall recently reported the following:

In 1978 there were 35 Civil Domestic Violence Filings
In 1979 there were 50 Civil Domestic Violence Filings
In 2016 there were 1,400 Civil Domestic Violence Filings
In 2017 there were 1,710 Civil Domestic Violence Filings

Believe it or not, this number of Civil Domestic Violence Filings in 2017 EXCEEDED the total number of divorces and dissolutions combined that year!

To try to help put this in context, I interviewed Jane Keiffer, MSW, LISW, the Executive Director of the Artemis Center in Dayton. Ms. Keiffer explained that she did not interpret these numbers to mean necessarily that MORE domestic violence was occurring, but that there was much more awareness in our society. She told me that in addition the #metoo movement “has allowed individuals to speak up when they have been afraid and has given some the courage to acknowledge what they … Read More... “Domestic Violence – Let’s Look at the Local Statistics!”

Blast From The Past: Tips on How to Select a Divorce Lawyer!

PUBLISHER’S UPDATE: This is a blast FROM WAY BACK in time! It is a merger and update from a two part series on selecting a divorce lawyer, which we posted on December 20, 2007 and January 2, 2008! The information 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!

Key Considerations When Selecting The Right Divorce Or Family Law Lawyer

Selecting the right attorney for a divorce is an extremely important and personal decision. Take the time to properly pick your attorney. The outcome of your family law case will impact your future dramatically!

The following are some key considerations in selecting the “right” divorce lawyer:

Experience

Most attorneys these days have narrowed their practice to one or a few areas of the law. Divorce law is a very specialized field. It is important to find a lawyer that concentrates his or her practice in the particular area of law that you need – whether it’s divorce, child custody, domestic violence or another family law category. An experienced divorce lawyer will understand … Read More... “Blast From The Past: Tips on How to Select a Divorce Lawyer!”

Divorce: New Sesame Street Videos Help Kids Deal with Trauma

For decades, Sesame Street has played on TV’s across the country, teaching children their ABC’s and 123’s, while also broadening their vocabulary, and increasing other academic skills. But now, Sesame Street is focused on another issue: helping children cope with traumatic experiences.

Children and Traumatic Experiences

A study conducted in 2016 found that nearly half of the children in the United States have experienced at least one traumatic or stressful event, including the death of a loved one, abuse, and divorce. The study also found that 1 in 5 of these children has experienced these events on more than one occasion. Click here to read the study.

How Can Sesame Street Help Children With Traumatic Experiences?

Children who experience traumatic experiences are more likely to develop posttraumatic stress disorder, depression, anxiety, panic attacks, and even substance abuse. Early exposure to traumatic events affects the neurodevelopment of a child, which changes the way that they respond to stress and other experiences. According to the Department of Psychiatry at Saint Vincent’s Hospital in New York, “exposure to trauma also affects children’s ability to regulate, identify, and express emotions, and may have a negative effect on the way that a child views … Read More... “Divorce: New Sesame Street Videos Help Kids Deal with Trauma”

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