The Importance of a “Correctly Completed” Affidavit of Financial Disclosure

finan_aff.jpgThe Affidavit of Financial Disclosure (or a Financial Affidavit) is a very important document in domestic relations, especially in divorce matters.  If you are pursuing an agreed upon dissolution of marriage (instead of a divorce), the Financial Affidavits are required, but they are not nearly as important as in divorce actions.  In dissolutions, the Financial Affidavit establishes the required disclosure of all assets and liabilities which is the foundation for any dissolution. Also, in a dissolution, since the parties have everything settled between them, any issues regarding what Husband earns or what Wife earns are largely irrelevant because the parties have already determined which party will be paying child support and/or spousal support (alimony) and the amount thereof. The Court is not likely to interfere with those agreements.

In a divorce, which is an adversarial proceeding, one party may be requesting spousal support and/or child support.  In Montgomery County, Ohio, it is especially important to complete the Affidavit of Financial Disclosure because the Court relies upon that information when issuing its Temporary Order for Custody and Support.  Accordingly, if the Financial Affidavit reflects that both parties are still residing in the same home together, the Court will not typically issue … Read More... “The Importance of a “Correctly Completed” Affidavit of Financial Disclosure”

The “Un-Advisability” of an “Un-Divorce” Arrangement

proconunmarr.jpgPsychotherapist and Guest Contributor Donna F. Ferber sent me an email a month or so ago encouraging me to read Suzi Parker’s article about famous couples who chose, rather than going through a divorce, to simply live separate lives. Click here to read Ms. Parker’s article about a trend some people call an “un-divorce.”

We both agreed to attempt to fairly evaluate the “pros and cons” of this option: she from a psychological perspective and me from a legal perspective. Initially, Donna was much more open to the possible merits of this arrangement than I was. She made it clear that she was most interested in hopefully reaching and empowering people who are in unhappy marriages and who feel trapped by fear, ignorance, and the lack of financial and emotional resources. Donna and I continued to exchange numerous emails over the last six weeks about this “un-divorce” arrangement, discussing the relative merits of couples remaining married but living separate lives. By reading the title of this article, I suspect you can tell that I am not impressed with the overall wisdom of such a relationship.  While it is certainly possible to construct various hypothetical situations when an “un-divorce” arrangement might … Read More... “The “Un-Advisability” of an “Un-Divorce” Arrangement”

Sudden Divorce Syndrome: Reality or Myth?

suddendiv.jpgI am pleased that Donna Ferber, a psychotherapist and a frequent contributor to the Ohio Family Law Blog has agreed to co-author this article with me! Our goal is to present both the legal and emotional perspectives of a trend that we are seeing in our professional practices: long term marriages ending by divorce when the wife has come to the conclusion that she has just “had enough” and that the husband is seemingly caught “blindsided” by the situation. The intent of the article is not a male versus female point and counterpoint, but rather a collaborative discourse that can provide insight into the complexity of the issues.

My legal analysis is in regular black font and Donna’s perspective as a psychotherapist is in blue italics

Having been a divorce lawyer for over 30 years, I see recurring themes in many of my cases.  Statistics show that there will be about a million divorces in the United States this year.  About 75% are filed by women.  More of my male clients are telling me that they are completely “blind-sided” by the divorce situation.  These are individuals in long-term marriages who have honored their wedding vows, are not abusers, and … Read More... “Sudden Divorce Syndrome: Reality or Myth?”

How the New Health Care Reform Will Affect Seniors

health_reform.jpgThere remains great concern among seniors about how the new Health Reform Law will affect them, and it will be years before the true effect of the law among this group of citizens is known.  However, some aspects of the law are clear, and the hope is that the overall positives will outweigh the negatives when all is said and done.

Among the negatives are broad cuts in projected Medicare payments to insurance plans, hospitals, nursing homes, and other service providers.  Although many projections have been made, this is one area in which it is too early to evaluate the size of reductions or its effect.  Another negative is that those seniors enrolled in private insurance plans under Medicare Advantage will likely face higher premiums and reduced benefits.  Prior to passage of the new law, private insurers were subsidized by the government to manage Medicare programs on the government’s behalf.  The government will begin lowering the subsidies to these private plans likely resulting in higher premiums to the insured.  Also, although basic Medicare benefits will not be reduced, extras such as eyeglasses may be reduced or eliminated.

There are also significant benefits for seniors in the new health reform law.  … Read More... “How the New Health Care Reform Will Affect Seniors”

Location of Military Service Records and How to Obtain Them

nat_arc1.jpgOne of my all time favorite family law blogs is Updates in Michigan Family Law written by Attorney Jeanne M. Hannah. I read her posts every week even though thinking about Michigan gives me a twinge of pain as a “Buckeye”.  Nonetheless, her posts are always informative and excellent! She recently posted on a topic that I felt would be of interest to our readers, especially since our law office is only a few miles from Wright-Patterson Air Force Base. With Jeanne’s kind permission, I have republished her article below.

There are times when, in a family law case, it is important to have the military personnel records of a service member. Some records from personnel files are available and stored in various locations; some records are of a medial or mental health issue. Those are kept in other locations. Some of those may be unavailable.

Most veteran’s records are stored at the National Archives and Records Administration’s National Personnel Records Center, Military Personnel Records (NPRC-MPR). This includes records of veterans who are completely discharged (with no remaining reserve commitment), or who are retired or have died.  Starting in 1995, the service departments gradually began retaining their personnel records

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The Importance of Financial Planners for Clients Facing Divorce or Dissolution

fin_divorce.jpgI generally begin my articles for our Family Blog Web Site with a definition of the topic or subject that I am addressing, and this month’s article will not deviate from that practice.  Finance is defined by Webster’s New World Dictionary as being “the science of managing money”.  And, Financial Planner is defined by Wikipedia as “a practicing professional who helps people deal with various personal financial issues through proper planning, which includes but is not limited to these major areas: cash flow management, education planning, estate planning, investment planning, risk management and insurance planning, tax planning, estate planning and business succession planning (for business owners).  The work engaged in by this professional is commonly known as personal financial planning.  In carrying out the planning function, he or she is guided by the financial planning process to create a financial plan – a detailed strategy tailored to a client’s specific situation, for meeting a client’s specific goals.”

Jay Buckingham, CFP, of Buckingham Financial Group has been my personal Financial Planner for over ten (10) years.  In order to assist me with the preparation of this article, I recently met with Jay to discuss his role as a Financial Planner.  I … Read More... “The Importance of Financial Planners for Clients Facing Divorce or Dissolution”

Thoughts about Your Divorce Day

div_day2.jpgJust as each marriage is unique, so is each divorce. Your reaction to the final legal decree will vary from that of others going through this process. Your feelings will be based on your own special circumstances and will depend upon a number of factors:

  • How reconciled you are to the divorce.
  • How much time has passed between the filing of the original papers and the final day.
  • How much acrimony still exists with your spouse.
  • How much rebuilding of your own life you have already done.

Divorce Day can bring about a myriad of feelings, ranging from extreme sadness to exuberant joy to calm indifference. By knowing yourself and your own feelings about your situation, you can predict, to some degree, how you will feel.

Here are some tips for preparing for your day in court:

  • Make a trial run the day before so you know how to get there and where to park. This can help with any anxiety you may have about getting lost or finding parking.
  • Ask your lawyer to explain exactly what will happen on the final day. Will your lawyer be there? Will you have to testify? Will your spouse? Ask any questions you
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