A Review of the Book, Unliving the Dream

Below is my review of the book Unliving the Dream by Sandra Vischer. These five (5) are the major characters or “players” in this fictional life story.

  • Alex: The Wife/Mother and author of the book. She has been married for twenty-plus years before the “story” unfolds before her eyes. She believes that she has a very happy and loving marriage.
  • James: The Husband/Father of the story. He is the one who initiates the break-up of the marriage and family.
  • Mara: The “other woman” who just happens to be a friend of Alex and an employee of the family firm.
  • Lily: The daughter of Alex and James.
  • Jack: The son of Alex and James.

When the book commences, Alex and James are at a hotel in Victoria, Canada. Alex senses that something is amiss with their relationship and marriage of twenty-plus (20) years and keeps asking James questions about what is wrong and what is happening to their relationship.… View Full Article → “A Review of the Book, Unliving the Dream”

Divorce: Why Marriages Fall Apart – And The Survey Says…

How Does A Marriage Fall Apart? Divorce Reseach Reveals Top 10 Reasons

The reasons couples divorce are as varied and different as the individuals involved.  However, upon closer examination, it seems that there is often a common thread as to why the breakdown occurred.

The British law firm of Slater & Gordon interviewed 1000 divorcees in order to better understand how a marriage ends up falling apart.

Their research showed that the top 10 reasons given for divorce were: 1 – infidelity, 2 – we were unhappy, 3 – we argued too much, 4 – we fell out of love, 5 – we didn’t communicate anymore, 6 – we wanted different things, 7 – they changed, 8 – we didn’t feel like partners anymore, 9 – they were abusive and 10 – we had money problems.

The rest of the firm’s findings are displayed in the infographic below.

The firm’s results clearly show that divorce is not something that couples enter into lightly.  … View Full Article → “Divorce: Why Marriages Fall Apart – And The Survey Says…”

Social Security Benefits Can Be Maximized Post Final Divorce Decree

Divorce Final? How To Maximize Your Social Security Retirement Benefit By Utilizing The Divorced Spouse Benefit

Your divorce is finalized!  It is over and done, and you have moved on with your life.  The assets, monetary accounts, retirement accounts, and the like all have been divided per the divorce decree.  With that divorce decree in hand, you ex-spouse is no longer entitled to any future benefit you may receive, and that goes the same for you.  However, there is one benefit you want to keep in mind when you are approaching retirement age.  That benefit is the ability to collect Social Security Retirement on your ex-spouses record even if he or she has remarried!  Like all government benefits there are some requirements you must meet in order to collect under your ex-spouse’s work record.

This benefit, entitled divorced spouse benefit, requires the following:

  • Your marriage lasted 10 years or longer;
  • You are currently unmarried;
  • You are 62 years or older;
  • Your ex-spouse is entitled to Social Security retirement or disability benefits; and
  • The benefit you are entitled to receive based on your own work record is less than the benefit you would receive based on your ex-spouse’s work record.
… View Full Article → “Social Security Benefits Can Be Maximized Post Final Divorce Decree”

Separation: What is the Difference Between a “Separation” and a “Legal Separation” in the State of Ohio?

Delaying your divorce? Things you should know before filing for legal separation; an unexpected court decision for you and your spouse

When I began to practice family law in 1988, there were three (3) major proceedings in the Domestic Relations Courts of the State of Ohio:

  • Divorce:  Wherein one party files a Complaint for Divorce and the other party generally files an Answer and Counterclaim. The proceeding is assigned to a Judge and the case is managed by that Judge and the Court.  The parties’ marriage would be terminated via a Final Judgment and Decree of Divorce. A divorce proceeding generally takes nine (9) months to twelve (12) months to reach closure.
  • Dissolution:  Wherein the parties file a Petition for Dissolution of Marriage with a Separation Agreement attached thereto.  This proceeding is characterized as being “settled” at the time of filing.  A hearing is held at least thirty (30) days after the filing of the Petition and the parties marriage is terminated via a Final Decree of Dissolution of Marriage. 
… View Full Article → “Separation: What is the Difference Between a “Separation” and a “Legal Separation” in the State of Ohio?”

Tax Deduction: Divorce Legal Fees

Are Your Legal Fees From your Divorce Tax Deductible? Tax Deduction Often Overlooked!

Generally speaking, the IRS does not allow a write-off for court costs and legal fees stemming from a divorce.  It does, however, offer deductions for any portions of those fees related to tax advice and alimony.

What Fees Can Be Considered Tax Deductable During A Divorce?

According to the IRS, legal fees that are specifically spent to collect spousal support can be included under “other expenses” with the itemized deductions listed on Schedule A of tax form 1040.  This write-off is also available for any proceeding in which a spouse is attempting to collect taxable spousal support, increase the amount of support, or collect any past due amount. It is important to note, however, that the IRS does not allow a deduction for the cost of trying to collect non-taxable income during divorce, such as overdue child support or temporary spousal support.  … View Full Article → “Tax Deduction: Divorce Legal Fees”

Divorce: Helping Children Succeed After Divorce Seminar – Hosted By The Greene County Domestic Relations Court

Greene County Domestic Relations Court Seminar To Help Children Succeed Post Divorce – A Review and Breakdown

On Saturday, February 22, 2016, I had the opportunity to attend a seminar entitled “Helping Children Succeed After Divorce.” The seminar was held at the Greene County Domestic Relations Court located at 595 Ledbetter Road, Xenia, Ohio. The cost for attending the program is included in the Court’s filing fee for either a divorce, dissolution of marriage, or legal separation proceeding. The Court has three (3) two-hour seminars per month to accommodate the working schedules of all parties. Two seminars are held in the evening from 6:00 to 8:00 p.m. and one seminar is held on one Saturday per month from 9:30 a.m. until 11:30 a.m.

Parents of minor children are “ordered” at attend this seminar and a failure to attend could result in a loss of parenting time (also known as visitation) until the non-compliant parent attends the seminar.… View Full Article → “Divorce: Helping Children Succeed After Divorce Seminar – Hosted By The Greene County Domestic Relations Court”

Native American Divorce Court: Potential Issues When A Spouse Is A Member Of A Native American Tribe

Does a State Court Have Jurisdiction Involving Native American Couples In Divorce, Domestic Relations And Marital Assets?

Throughout the years and probably over dozens of cases, the United States Supreme Court has it made clear that Native American tribes are self-governing and sovereign entities whose powers are only limited by the federal government. As a result, reservations are considered independent of state and local power.  With that in mind, what happens when a state court is presented with a divorce where one spouse is Native American?  Does a state court even have jurisdiction (the right to hear a case and make a decision), or power over an enrolled tribal member?  Does a state court have the ability to divide Native American assets upon divorce?

To start, a Native American tribe has jurisdiction over any domestic relations dealing with their members or arising out of their land.  However, in 1953, Congress enacted Public Law (PL) 280 (codified as 18 U.S.C.… View Full Article → “Native American Divorce Court: Potential Issues When A Spouse Is A Member Of A Native American Tribe”

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