Gray Divorce: Division of Retirement Assets Disparity

Be Sure To Hire A Divorce Attorney With Experience In “Gray Divorce” Cases

gray divorce divisionAn interesting article published in the Arkansas Business Journal discussed the issue of divorce with retirement age individuals.  As a founding member of the International Academy of Attorneys for Divorce Over 50, I personally am quite familiar with the unique issues that often arise in these “gray divorce” cases. When discussing the financial background of many couples aged 50-60, the typical equal asset allocation can be problematic.

These couples are more likely to have combined their retirement planning and savings. Over the past 5 generations, the workplace demographics have shifted.  Often, many couples who marry today both pursue a career path and develop their own separate retirement accounts.  In the 1950’s and 1960’s, married couples often relied financially on the men in the relationship to be the primary “breadwinner”.  This means that when a retirement account is discovered during the divorce process, and it’s distributed equally, each party will be left with 50% of their retirement assets even though they are often only a few years away from retirement.  Fair, right? Maybe not.

Let’s consider this scenario of Mary and John.  Mary and John … Read More... “Gray Divorce: Division of Retirement Assets Disparity”

Adoption Records NOW Unsealed in Ohio!

All Adoption Records And Original Birth Certificates Available To Ohio Citizens

New Ohio Law Gives Adoptees Easier Access To Adoption Birth Records

UPDATE – March 20, 2015, is the first day that individuals adopted in Ohio between January 1, 1964, and September 18, 1996, can pay a $20 fee, and fill out a request form to get a copy of their original birth certificate and certificate of the adoption. Ohio now becomes the twelfth state to provide ALL of their adopted citizens access to their adoption records. This will affect up to 400,000 people who have previously been denied access to their Ohio birth records.

To learn more about this process, view this comprehensive 8 minute video from the Ohio Vital Statistics.

To obtain the request form go to: www.odh.ohio.gov/vs

Here is the backstory from my article from May 10, 2014, posted on the Ohio Family Law Blog.

Adoptees Can Access Original Birth Certificate Says New Ohio Law

adoption ohio birthA new law in Ohio will unseal records for about 400,000 Ohio adult adoptees.   This law, Senate Bill 23, was signed by Gov. John Kasich on December 19th. This new law will unseal records and allow these adoptees to find Read More... “Adoption Records NOW Unsealed in Ohio!”

Divorce Representation Without A Lawyer On The Rise

Representing Yourself in a Divorce? No Way! Why Retaining Legal Counsel Is Worth It!

divorce representationCourtrooms all across the country are seeing an increase in the number of unrepresented parties on their dockets.  Whether it’s due to the failing economy, the rise in popularity of television shows such as “Judge Judy” which encourage the legal “do it yourself” attitude, or perhaps the belief that the courts will take it easy on those who represent themselves…the amount of people trying to navigate their way through the legal system without a lawyer is on the rise.

While it is easy, (and perhaps self-serving) for a family law attorney to claim that it is in a person’s best interest to hire a lawyer for their divorce or child custody matter, the courts’ decisions in cases where a party appears on their own behalf speak for themselves. Family law is filled with rules and procedures, nuances and intricacies…many of which differ depending on which county, district, state, etc. you are filing in.  So, before you decide to go it alone, consider the following Ohio cases in which people chose to do so:

  1. Hutchinson v. Hutchinson – In this Montgomery County case, the wife chose to
Read More... “Divorce Representation Without A Lawyer On The Rise”

Revenge Porn Laws Enacted In Many States Except Ohio

Groups Push To Outlaw Revenge Porn

Facebook Hit With Civil Lawsuit Over Revenge Porn

revenge porn ohioIn today’s ever connected world, what was once private often becomes public. Most individuals almost certainly have a smart phone camera or tablet device with a camera at their fingertips at any time.  This increase in accessibility coupled with the desire to photograph anything and everything has turned often daily tasks into internet posts.  This is all well and fun when it comes to photographing your dinner, your adventures and travels, and most often, your pets. Things can turn ugly though when this type of technology is brought into private relationships and intimate encounters.

Can You Post Nude Photos of Your Spouse Online Without Consent?

As a divorce lawyer, I am seeing more cases where a bitter spouse either threatens or disseminates nude photos of his/her spouse online.  Assuming there are current restraining orders in place preventing “harassment”, a contempt motion can be filed. That may be an inadequate remedy after the fact. So, individuals are looking  at both the state criminal and civil statutes.

State legislatures are rushing to enact laws that prevent the posting of private nude photographs and videos online.  This is a … Read More... “Revenge Porn Laws Enacted In Many States Except Ohio”

Divorce Filings Spike in January by One-Third

January Is Often Called Divorce Month

Recent UK Study Claims One In Five Will Divorce After Holidays

divorce spikeThe first of the year is the time that many unhappy couples who are reluctant to break up the family during the holidays officially start their divorces. January is often called the “divorce month.” This trend occurs not only in the United States but in the UK and abroad as well. According to a recent study in England one in five couples had plans to divorce after the holidays.

James McLaren, President of the American Academy of Matrimonial Lawyers, recently said, “we see a significant increase in people seeking out divorce advice and ultimately, filing. The number of filings is one-third more than normal. That begins in January and probably goes into early March”.  This trend is nothing new. Recent research even suggests the pattern dates back to medieval times. Frederki Pedersen, a senior lecturer in history at the University of Aberdeen, recently wrote in Science 2.0 that in the 14th century a third of the litigation heard by the church court in York was initiated in January.

Not surprising, but divorce courts aren’t the only busy place after the start of … Read More... “Divorce Filings Spike in January by One-Third”

Divorce on Your New Year’s Resolution List?

If a Divorce is on Your New Year’s Resolution List, Consider this First…

Seven Tips for Dealing with Family Issues During the Holidays from Texas Divorce Attorney Richard C. Price

divorce tips resolutionI was pondering a list of various topics for this blog article. I wanted to publish a strong blog article to start 2015. I started a couple and even finished one that wasn’t honestly that memorable. So I decided to hold that one in the “bank” for another less important time of the year. The start of any new year is an obvious time for reflection and to take an inventory of our blessings and shortcomings.

To start the year, I wanted to post an article encouraging people experiencing marital problems to take certain steps before going the divorce route.  I drilled into the extensive archive of blog articles written by my colleague and acclaimed Texas lawyer, Dick Price, for inspiration. Success! I found the article below which he has graciously granted permission for me to repost from his Divorce and Family Law in Tarrant County, Texas, blog at http://dick-price.blogspot.com/  It was originally posted on January 2, 2008. While initially geared towards divorced or separated families, his tips are equally … Read More... “Divorce on Your New Year’s Resolution List?”

Animal Protection: New Ohio Law Will Shield Pets From Abuse

Ohio Joins 29 Other States to Protect the Family Pet Against Domestic Animal Abuse with New Protection Order

animal pet protection On June 28, 2014, we published an article about S.B 177, an Ohio Bill that was introduced in August 2013 that would amend domestic protection order laws to allow your furry friend to be included.  The legislation became a reality when Governor Kasich signed it into law on Friday, December 19, 2014.

The ASPCA had urged Governor Kasich to quickly sign this bill into law to address this pervasive problem and protect Ohio families and their pets. “Too often, victims will not flee an abusive situation if they have to leave a pet behind, unprotected,” said Vicki Deisner, Midwest Legislative Director for the ASPCA. “No one should have to make the impossible choice between escaping an abusive situation and ensuring their pet’s safety.”

The court may now include within the scope of a protection order issued under this section any companion animal that is in the complainant’s or alleged victim’s residence and may issue additional orders as it considers appropriate for the protection of the companion animal, including any listed in division (D)(1) of this section.

This new added language grants courts … Read More... “Animal Protection: New Ohio Law Will Shield Pets From Abuse”

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