Palimony Not Recognized in Ohio

By Joseph E. Balmer   |   April 7th, 2012

Palimony Not Recognized in Ohio – Resuming a Romantic Relationship is Insufficient to Establish a Contract

PALIMONY DEFINED

Palimony is a form of alimony awarded to one of the unmarried partners in a romantic relationship after the breakup of that relationship following a long period of living together. Unlike alimony which is typically provided for by law, palimony is not guaranteed to unmarried partners.  Generally, a palimony plaintiff must prove an underlying contractual basis for his/her claim, such as an express (written or oral) or implied contract.  My research shows that approximately 23 states have enforced a cohabitation agreement, either express or implied.

Palimony cases are determined in civil court as a contract matter, rather than in family court, as are divorce cases. The “palimony” phrase was coined by celebrity divorce attorney, Marvin Mitchelson, back in 1977 when his client Michelle Triola Marvin filed an unsuccessful suit against the actor Lee Marvin. … View Full Article → “Palimony Not Recognized in Ohio”

Parallel Parenting: When You and Your Ex Can’t Play Nice

By Guest Contributor Donna F. Ferber, LPC, LADC   |   March 31st, 2012

How Parallel Parenting is a viable alternative to banging your head against the wall

The continued post-divorce acrimony that plays out in the arena of parenting is the probably the most aggravating and stressful part of divorce for all involved. Parents struggle with a sense of wanting to make this transition easy for their children but when left over marital issues continue to play out in the co parenting arena, the adults often throw up their hands in frustration. The continued conflict is worrisome as it is the fighting, not marital status, that hurts the kids.

So, here you are embroiled in a constant struggle of trying to play “nice.” Ideally we would all like co-parenting to be like silly sit-coms with mad-cap situations leading to easy going resolution. The parenting books tell us how it “should” go, but is it too idealistic to believe this is possible all, or even most, of the time?… View Full Article → “Parallel Parenting: When You and Your Ex Can’t Play Nice”

Parenting Time Calculator

By Guest Contributor, Daniel Pollack   |   March 24th, 2012

A Helpful Parenting Time Calculator Tool for Family Law Attorneys

Any family law attorney, judge, or child custody expert will tell us that, except in unusual circumstances, during and following a divorce it is desirable for a child to have a strong relationship with both parents. It follows that the less contentious the divorce the better off are the children, the parents, and the department in charge of child support issues. Indeed, custody and support issues can unravel what might otherwise be an amicable divorce. One of the major problems that may arise after divorce is custodial interference with visitation. Many jurisdictions, including Ohio, have held that unreasonable interference with the noncustodial parent’s parental rights can even be grounds for a change of custody.

According to Susan D. Stewart, in her study published in the Journal of Marriage and Family in October, 2010, one third of all children in the United States have a nonresident parent.… View Full Article → “Parenting Time Calculator”

Divorce Celebration: Complete with Cake!

By Anne Shale   |   March 17th, 2012

Should We Participate in a Divorce Celebration?

The word “celebration” is derived from the verb “celebrate” which is defined as “to commemorate an anniversary, holiday, etc., with festivity”. If you think of a birthday celebration, you think of gifts, a party, and a birthday cake! If you think about a wedding, you think about the ceremony, the reception that follows, and a wedding cake! If you think about someone’s graduation or retirement, there is the assumption of a party with a cake to be included with the celebration. But, do you think about a divorce celebration? Some persons do; and some bakeries are happy to oblige by providing divorce cakes.

There is a bakery in Broward County, Florida, that has been making divorce celebration cakes for approximately three years. The owner works carefully with her customers to create a cake that symbolizes the “happiness” or “celebration” in being “set free” or in celebrating a new beginning for a new stage in life.… View Full Article → “Divorce Celebration: Complete with Cake!”

Social Security and Divorce Alert

By Jessica M. Shively   |   March 10th, 2012
“The problem with receiving unearned income through adjudication/settlement agreements In A divorce or dissolution when one receives social security income or social security disability income”

If you are a recipient of Social Security Income or Social Security Disability Income  and you are going through a divorce or dissolution, your first step should be to find an attorney who has a good working knowledge of social security income and social security disability income. Spousal support, child support, and property settlements are often the main issues in any divorce or dissolution. Not only does spousal support, child support and property settlements encompass a great deal of the divorce or dissolution proceeding, but when one receives these things as part of a global settlement or adjudication, and they are also receiving social security income, social security disability income, Medicare, or Medicaid, one can find that what they want and what they get can be often two very different things.… View Full Article → “Social Security and Divorce Alert”

Parenting with an Uncooperative Ex

By Robert "Chip" Mues   |   March 3rd, 2012

Parenting with an Uncooperative Ex: A Divorce Lawyer’s Perspective

Parenting Tips for dealing with an Uncooperative Ex Spouse!

This topic is an exceedingly broad one, but I will try to share my insights from my perspective as a practicing family law attorney for the past 34 years.  The original idea to write this article was that of Connecticut psychotherapist, Donna Ferber. I thought it was a great idea of hers to tackle this subject; from both a therapist’s perspective and a lawyer’s perspective.  Here is the link to Donna’s perceptive take about parenting with an uncooperative parent in her blog article, The Uncooperative Co-Parent, posted on her blog February 18, 2012.  In addition, she gave me permission to repost her article in this blog on February 29, 2012.

When the parties have children, while it might be desirable, it’s impossible to apply a “no contact rule” and completely disassociate themselves from their uncooperative ex spouse.… View Full Article → “Parenting with an Uncooperative Ex”

The Uncooperative Co-Parent From a Therapist’s Perspective

By Guest Contributor Donna F. Ferber, LPC, LADC   |   February 29th, 2012

Co-parent issues in Divorce, Custody and Child Custody.

Important tips for when a co-parent becomes uncooperative

This is the first of two back-to-back articles on this subject.  The second one from the viewpoint of Dayton, Ohio, divorce lawyer Robert “Chip” Mues, will be posted here on Saturday March 3, 2012.

When you are going through a divorce, keeping your children’s well-being in the forefront of your mind is critical. Whether the children ultimately have an experience that is traumatic or manageable is a direct result of how well their parents’ behave. Some parents even stay together “for the sake of their children” but their behavior is so appalling that the kids beg their parents to split up. Whether you stay together or not, your children learn from and emulate your behavior. You are role models for healthy relationships.

Your commitment to protect your children from divorce acrimony is tested when you find yourself in the throes of splitting property and assets.… View Full Article → “The Uncooperative Co-Parent From a Therapist’s Perspective”

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