What About “Manimony”?

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mani.jpgPerhaps it is time to forget the “I am a man and can take care of myself” attitude. Did you know that under Ohio law, the factors for alimony or spousal support are gender blind? Up until the 1980’s there were few men who received spousal support from their wives, but times and attitudes are slowly changing. As more men are granted custody of their children or become stay at home dads, the need for women to pay both child and spousal support has increased. But interestingly, statistics show that “thirty-three percent of higher-earning spouses are women, but fewer than four percent of alimony payers are women”, according to a CNN article on Manimony (a slang term for alimony paid to men). In today’s society many men still refuse to request spousal support even if their spouse earns much more money than they do. So it seems that the inequality in spousal support awards may have more to do with male machismo than any legal bias.

In her blog, Attorney Marie Fahnert, the author of the Chicago Divorce Lawyer had a very insightful perspective on the topic. … Read More... “What About “Manimony”?”

Putting Aside the Boxing Glove, An Emerging Trend in Divorce Litigation

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box.jpgWhat I have sensed for a few years has now been corroborated by Gregg Herman, who chairs the American Bar Association Family Law Section. He says, “Divorce has become far less litigious in that more cases are settled than litigated.” The members of the American Academy of Matrimonial Lawyers have noticed the same phenomenon. In a poll last year, 58 percent of its members indicated that more of their divorce cases over the past five years were settled without trial. Only 12 percent said they were resolving fewer cases without trial. James Hennenhoefer, the president of the Academy, believes that there is a clear preference especially among middle-income clients to resolve cases with less contention, in part to cut down on costs.

Now I am not suggesting that nasty divorce cases don’t exist. They do. In my practice, custody/parenting issues still top the list of hotly disputed areas, followed by spousal support and division of retirement accounts. The general acceptance of shared parenting arrangements has helped lessen custody litigation. Nonetheless, the level of acrimony of the parties can drastically affect both the tone and contentiousness of the … Read More... “Putting Aside the Boxing Glove, An Emerging Trend in Divorce Litigation”

Cultural Tolerance For Divorce Continues to Rise

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gall.jpgSeventy percent of Americans now believe that divorce is “morally acceptable,” according to a recent poll conducted by Gallup’s 2008 Values and Beliefs survey. This figure represents an 11 percent increase from just 7 years ago and a 5 percent increase from 1 year ago. Only 22 percent of Americans said they believed divorce was “morally wrong.” Interestingly, divorce was the only ethical issue of the 16 issues measured in the survey where opinions significantly changed over the past year. The survey was conducted by a telephone sampling of 1,017 adults in the US, aged 18 or older, from May 8-11, 2008.


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Divorce Transition: What Happens To Our Friends Now?

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dfriends.jpgTransition to one’s “new” life after the divorce can be stressful and difficult for many people. The level of that stress often is dependant upon the issues surrounding the divorce as well as the level of acrimony afterwards. Maintaining friends and keeping a support group is important psychologically for most people to help them move forward after the divorce. But, as many divorced individuals will tell you, this transitional process can be awkward and painful. If mutual friends of yours have gone through a divorce, you too know that post divorce interaction with each person can be a challenge.

If you are struggling with this situation, let me recommend that you take a minute to read an excellent article recently published in the Yuma Sun written by Bill Reed. Not only does he accurately capture much of the conflict involved, but he also includes insights from both the perspective of the divorced couple but also their friends. There are 13 “behavior rules” included that were suggested by Counselors Dee Ring Martz, Beth Lieberman and Robin Wall who share their professional advice to divorcing couples and their … Read More... “Divorce Transition: What Happens To Our Friends Now?”

10 Ways to Alienate the Judge

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no_phones.jpgJudges are particularly annoyed by lawyers (and their clients) who:

  • ignore the rules of court;
  • fail to prepare;
  • arrive late;
  • repeat themselves;
  • act rudely;
  • make frivolous arguments;
  • mislead the court;
  • argue with the judge;
  • refuse to talk settlement; and
  • request a last-minute continuance.

I can add a few from my own experience:

  • allow your cell phone to ring while in court;
  • dress inappropriately;
  • interrupt other people who are speaking;
  • chew gum while in court;
  • bring a baby or child to court; and
  • generally act belligerently without proper decorum.

Source: “Sure-Fire Ways to Alienate the Trial Judge”, Excerpted from Convincing the Judge: Practical Advice for Litigators , by Cecil C. Kuhne III


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Be Sure to Pull Your Free Credit Report

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creport.jpgAs part of the divorce proceedings, your attorney will at some point be trying to determine what credit card debts are in each of your individual names as well as shared accounts and authorized user accounts. Often times, understandably, clients are not sure. The distinction in the type of account is important, as it not only affects future liability on the account but also future reporting to the bureaus.

The liability for an individual account lies with the person whose name is on the account (presumably the person who opened it). A shared or co-debtor account allows the credit card company to go after either or both parties on the account. An authorized user situation creates a more complicated scenario. The credit card company cannot attempt to collect payments from a mere authorized user. Their recourse for collection is against the individual whose name is on the account so long as the authorized user did not sign the application or give their social security number to the credit card company. But it is important to know that the credit card companies will still report the payment history … Read More... “Be Sure to Pull Your Free Credit Report”

The Role and Functions of a Guardian ad Litem in the State of Ohio, Pt. 2

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In part 2, Attorney Anne Shale lists four more functions of a Guardian ad Litem in the State of Ohio including her conclusion.

Who pays for the services of the Guardian ad Litem?

The Court has great discretion in determining which party shall pay for the services of a Guardian ad Litem. In many instances, the Court will initially direct each party to pay for one half of the Guardian ad Litem’s fees. Depending upon the recommendations of the Guardian ad Litem, the Court may reserve the right to reallocate or reapportion the payment of the fees for the Guardian ad Litem.

For example, if Mother is asserting that Father is abusive with a harmful dependence upon drugs and/or alcohol and the Guardian ad Litem finds no evidence of same with his/her investigation of the family unit, the Court may direct Mother to pay for all of the Guardian ad Litem’s fees.

What are the “usual” fees for having a Guardian ad Litem?

The “usual” fees will vary from case to case and from Court to Court so the answer is dependent upon the facts of the … Read More... “The Role and Functions of a Guardian ad Litem in the State of Ohio, Pt. 2”

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