Divorce Representation Without A Lawyer On The Rise

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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:… Read More... “Divorce Representation Without A Lawyer On The Rise”

Military Custody Law Update For Deployed Members

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Congress Passes Law Affording Military Custody Protection to Our Deployed Servicemembers

Deployment Can No Longer Be Held Against Military Parent In Child Custody Disputes

military custody law
Left to Right: Lt. Eva Slusher, her daughter Sara Slusher and Mike Turner

For 8 years, Michael R. Turner, R.-Ohio, has been calling for Congress to afford its military members child custody protection while deployed; it appears they finally listened.

In February 2010 and February 2011, Anne Shale posted articles entitled, “They Fight for America and Upon Return Must Fight for Their Children” and “BREAKING NEWS: Secretary of Defense Gates Changes Position to Protect Custodial Parents Deployed Overseas!” articles addressed Turner’s arduous fight to persuade lawmakers to amend the National Defense Authorization Act (“NDAA”) to provide military members child custody protections while deployed overseas.  Tuner was inspired in 2007 when he met Lt. Eva Slusher, a member of the Kentucky National Guard, who lost custody of her daughter after returning home from a deployment in 2004 because according to the judge, “the military lifestyle is not stable and is not conducive to raising children.”  While Slusher did eventually regain custody of her daughter, … Read More... “Military Custody Law Update For Deployed Members”

Revenge Porn Laws Enacted In Many States Except Ohio

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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 … Read More... “Revenge Porn Laws Enacted In Many States Except Ohio”

Divorce Filings Spike in January by One-Third

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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 … Read More... “Divorce Filings Spike in January by One-Third”

Divorce: Options to Dispose of the Marital Residence

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What Are The Options To Consider When Disposing Of The Marital Residence In A Divorce Proceeding?

divorce marital residenceIn the usual divorce or dissolution proceeding, the disposition of the marital residence is often one of the most important decisions in the case and one of the most emotional issues with the exception of “custody” of the minor child or children. One or both parties may have very strong emotional ties to the home and may overlook important financial considerations in their quest to “keep” the family home.

I now provide to you my list of available options in disposing of the marital residence during divorce:

  1. Sell the residential property for the “best obtainable price” and divide the net sale proceeds.
  2. Sell the residential property for the “best obtainable price” and use the net sale proceeds to pay off marital debt or to pay down marital debt.
  3. Determine the equity in the marital residence, if any, with one party “buying the other party out” of his or her interest in the marital residence.
  4. Determine if the home is “upside down” meaning that the mortgage indebtedness is greater than the
Read More... “Divorce: Options to Dispose of the Marital Residence”

Divorce on Your New Year’s Resolution List?

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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, … Read More... “Divorce on Your New Year’s Resolution List?”

Animal Protection: New Ohio Law Will Shield Pets From Abuse

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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 … Read More... “Animal Protection: New Ohio Law Will Shield Pets From Abuse”

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