Ohio Family Law Blog

Domestic Violence Cases Continue to Skyrocket!

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Did You Know that October is Domestic Violence Awareness Month?

On September 21, 2022, I attended a Zoom seminar convened by Federal U.S. Chief Judge Algenon L. Marbey and U.S. District Judge Michael J. Newman, to provide an update on domestic violence cases in the Southern District of Ohio. They assembled an excellent panel for the seminar including Magistrate Jacquelin V. Gaines from the Montgomery County Domestic Relations Court; Jane Keiffer, the executive Director of the Artemis Center; Summer Hawks, the Executive Director of the Greater Dayton Volunteer Lawyer Project and Carl Anderson, a Senior Attorney with Legal Aid of Western Ohio.

They gave a re-cap about the Power Act, which was enacted on September 4, 2018, designed to promote pro bono legal services to empower survivors of domestic violence. In part, the Act states: “Research and studies have demonstrated that the provision of legal assistance to victims of domestic violence, dating violence, sexual assault, and stalking reduces the probability of such violence or behavior reoccurring in the future and can help survivors move forward.”

Interestingly, the Act states that “Legal representation increases the … Read More... “Domestic Violence Cases Continue to Skyrocket!”

What Happens in Ohio if I Lose My Will?

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A Lost or Destroyed Will Can Be Submitted To Probate…Under Certain Circumstances

We strongly suggest that our clients protect all of their original estate planning documents by keeping them in a fireproof container. This includes their Last Will and testament. However, what happens if a will is somehow lost or destroyed?

A lost, spoiled or destroyed will can be admitted to probate under certain circumstances. The question becomes did the testator intentionally destroy the will, which makes it null and void or was it unintentionally lost or destroyed which makes it still valid. The law in Ohio used to be that if a will could not be found, the assumption was that it was intentionally destroyed as a way of revoking it. This assumption no longer exists.

Keep your Original Estate Planning Documents in a Safe Place

Upon applying to admit a lost or destroyed will, the court will set the matter for a hearing. Certain individuals must be notified of the hearing, Those include any surviving spouse, anyone named as a beneficiary under the will, anyone who would be a beneficiary if the decedent had … Read More... “What Happens in Ohio if I Lose My Will?”

September is Suicide Prevention Awareness Month

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Suicide Prevention – Seek Help With These Supportive Resources

September is Suicide Prevention Awareness Month — a time to raise awareness of this stigmatized, and often taboo, topic. It is hoped that this initiative will help to shift public perception, spread hope and share vital information to people affected by suicide. The goal of the various suicide prevention organizations is ensuring that individuals, friends and families have access to the resources they need to discuss suicide prevention and to seek help.

Here are some alarming statistics:

Individual Impact:

79% of all people who die by suicide are male.
Although more women than men attempt suicide, men are 4x more likely to die by suicide.
Suicide is the 2nd leading cause of death among people aged 10–14 and the 3rd leading cause of death among people aged 15-24 in the U.S.
Suicide is the 12th leading cause of death overall in the U.S.
46% of people who die by suicide had a diagnosed mental health condition – but research shows that 90% may have experienced symptoms of a mental health condition.

Community Impact:

Annual prevalence of serious thoughts

How To Fix A Miserable Marriage

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Before You Can Fix A Broken Marriage Learn What Needs To Be Fixed!

You take your vows anticipating the good, the hopeful, the uncomfortable-but-not-insurmountable conflicts. What you don’t anticipate is struggling to figure out how to fix a miserable marriage. And yet, sometimes it’s a slippery slope from happy to just-a-shift-in-priorities to growing apart to unhappy…to miserable.

Would you even know the 12 signs of a bad marriage without reading about them or learning about them in therapy? Granted, there is an infinite spectrum of subjectively interpreted happiness and unhappiness. And what’s happy/unhappy for one person/couple may not be so for another. But, if you’re going to learn how to fix a miserable marriage, you need to first recognize the signs of issues you want to “fix.”

Do you know what’s making you miserable?

Have you and your spouse stopped talking? Do you fight all the time? Or have you stopped fighting altogether?

Has sex become a thing of the past or even something withheld as retribution or an expression of contempt?

Has one of you had sexual indiscretion or begun to push the limits … Read More... “How To Fix A Miserable Marriage”

Looking for an Online Parenting After Divorce Seminar? Have You Considered the eNew Beginnings Program?

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eNew Beginnings Program is a Parenting Skills Program Designed To improve Parenting Quality

Parenting After Divorce: New eNew Beginnings Program Allows Parents to Learn on Their Own Schedule

It is an unfortunate statistic, but nearly half of the marriages in the United States fail, ending in divorce. Over one million children are affected by their parents divorce. These children are more likely to be at risk of experiencing mental health issues, struggling in school and at increased risk of engaging in risky sexual behavior, as well as for substance abuse.

Sharlene Wolchik and Irwin Sandler both professors of psychology at Arizona State University, led a study and adapted an in person parenting skills program into a web based program called The eNew Beginnings Program. It is designed to be asynchronous, which means a person can learn on their own schedule. The class can be taken anytime, any place where the learner has access to a computer, even on a smart phone. This web based program has 10 sessions. These sessions focus on interparental conflict and parenting quality.

Of course many parents are worried about … Read More... “Looking for an Online Parenting After Divorce Seminar? Have You Considered the eNew Beginnings Program?”

Blast From The Past: What is a Divorce Retainer Fee Agreement and What is Its Purpose?

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PUBLISHER’S UPDATE: Here is one of my favorite posts about the definition of a Divorce Retainer Fee Agreement and it’s purpose, from August 8, 2020! 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!

Divorce Retainer Fee Agreement

Divorce Lawyers Require A Retainer Fee On Start Of Your Legal Representation

So, unfortunately you find yourself meeting with a divorce lawyer to discuss terminating your marriage. The conference goes well and after careful consideration you decide to hire the lawyer.

HOW DO DIVORCE LAWYERS CHARGE?

When the subject of fees and the attorney’s hourly rate comes up, you will likely hear the request for a “retainer fee“. Most all divorce lawyers will require a retainer fee at the inception of accepting your legal representation. Some, on the other hand will instead request a fixed fee amount rather than one based upon the amount of time and services provided. Fixed fee divorce representation is rare these days, in part because it is impossible to really gauge the … Read More... “Blast From The Past: What is a Divorce Retainer Fee Agreement and What is Its Purpose?”

Here are Some of the Worst Things that You Can Do After a Divorce!

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Important “Don’t Dos” Post-Divorce Checklist Could Be Crucial In Healing From Painful Divorce Proceedings

Should you use a Post-Divorce Checklist? How about Tips to Avoid!

Typically going through a divorce is a “bad” experience. Often times these are very long painful proceedings. A couple of years ago I posted a blog article titled “A Post-Divorce Checklist“. Here is a link to that article. Below is the flip-side to that post!

Here are 8 “Don’t Dos Post-Divorce.”

DON’T EXPECT YOUR EX TO BE REASONABLE

If your Ex was not reasonable during the divorce, it is likely that his/her “reasonableness” level won’t have changed after the divorce is finalized! So, that means to plan accordingly. Try to plan way ahead so you can get your divorce lawyer involved if necessary. But always do your best to maintain a positive relationship with your Ex after the divorce.
DON’T TRY TO GET EVEN WITH YOUR EX

No matter how miserably you were treated during your marriage, never try to retaliate after the case is over! It likely will come back to bite you! I can share many many stories

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