Registering an Out-of-State Decree when a Parent and Minor Children have Relocated to Ohio

By Anne Shale   |   November 6th, 2010

In the days of my parents who were born in the 1920’s, persons typically lived in the small towns or cities in which they were born and remained there carrying on the family farms or businesses or following the trades or professions of their parents.  In today’s society, people are much more mobile.  Persons move to find employment, attend college, or due to military assignments.  Many individuals who have had their marriage terminated in another State may find themselves now living in the Miami Valley area.  Some of those persons are parents of minor children.  So, if Post-Decree problems occur, to which Court do they go for help or assistance?

I should explain that “Post-Decree” refers to situations which occur after the parties’ Final Judgment and Decree of Divorce or after the parties’ Decree of Dissolution of Marriage have been filed.  So, the parties’ marriage has ended but issues may continue regarding spousal support, child support, parenting time schedules, transportation, etc.   … View Full Article → “Registering an Out-of-State Decree when a Parent and Minor Children have Relocated to Ohio”

Don’t Create Halloween Horrors for your Child!

By Guest Contributor Donna F. Ferber, LPC, LADC   |   October 23rd, 2010

For many kids, Halloween is one of the most important holidays of the year. The child of divorce is faced with choices and concerns. Who will take me treat-or-treating? Who will get my costume and dress me? Where will I trick-or-treat?

Then, of course, there logistical problems for the divorced parents. By addressing these issues in advance, parents can reduce stress and not distract from the child’s positive experience. These include:

  • In two-parent homes, often one parent gives out candy while the other parent takes the child trick-or-treating. Now there is only one parent in the home. Do you stay and give out candy or do you go with your child?
  • Parents often do not specify in their divorce decree who “gets” the child on October 31. If it falls on a visitation day, some children feel disappointed that they don’t get to trick-or-treat in their own neighborhood with their friends.
… View Full Article → “Don’t Create Halloween Horrors for your Child!”

Sexually Transmitted Diseases and Alimony Proceedings

By Robert "Chip" Mues   |   October 16th, 2010

Question Presented: Is it likely that one spouse would be granted an award of spousal support in a divorce for having been infected with a sexually transmitted disease (STD) by the other spouse?

Most states have spousal support/alimony statutes which list factors for the Court to consider when awarding spousal support.  Many of these statutes, such as Ohio’s statute, include in the list “any other factor that the court expressly finds to be relevant and equitable” or something similar to this. Using this factor, courts do have the authority to consider the contraction of an STD between spouses when awarding spousal support.  In many cases in which one party to a marriage contracts an STD, it is the result of an extramarital affair.  The other party is then infected with the STD through continued sexual relations between the spouses.  Obviously, there may be significant proof problems associated with establishing the origin of the STD.… View Full Article → “Sexually Transmitted Diseases and Alimony Proceedings”

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

By Anne Shale   |   October 9th, 2010

The 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.  … View Full Article → “The Importance of a “Correctly Completed” Affidavit of Financial Disclosure”

When Your Ex Opts Out -Talking to Your Children When Your Former Spouse Decides to Not Parent

By Robert "Chip" Mues   |   October 2nd, 2010

Consistently, one of my favorite blogs is Michael Mastracci’s Divorce Without Dishonor Blog. Mike is an excellent attorney from Baltimore, Maryland. His own difficult and acrimonious divorce and child custody battle led to his personal interest in collaborative family law.  Both attorneys and clients should include his blog on their frequent read list. Mike regularly espouses ethical, moral and philosophical standards that we should aspire to meet. I have personally and professionally been a proponent of child welfare issues for over 30 years. So, when I read his recent post about “When Your Ex Opts Out – Talking to Your Children When Your Former Parent Decides to Not Parent”, I had to ask Mike if I could have his permission to republish it. He kindly agreed. Here it is:

Although most divorcing couples deeply desire a relationship with their children after the marriage dissolves, there are exceptions to this rule. Sometimes, one of the newly divorced parents feels that their life would be easier or freer if not encumbered by their children.  … View Full Article → “When Your Ex Opts Out -Talking to Your Children When Your Former Spouse Decides to Not Parent”

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

By Robert "Chip" Mues   |   September 25th, 2010

Psychotherapist 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.… View Full Article → “The “Un-Advisability” of an “Un-Divorce” Arrangement”

Custody Wars: My Lawyer Suggested that I Fabricate a Child Abuse Allegation!

By Guest Contributor, Judianne Cochran   |   September 18th, 2010

Our guest contributor this week is Judianne Cochran a nationally recognized expert/consultant in the following disciplines: sex offender profiling; false allegations in custody cases; interstate and international parental abduction; interstate custody and parental alienation. She has testified in numerous Courts throughout Ohio and the country. Judi presently resides in Columbus, Ohio.

In recent years there has been a steady and alarming increase in the use of false allegations of vague, unsupported claims of domestic violence and even vaguer claims of child abuse, used solely in an attempt to find a shortcut to a presumed better position in custody cases. What is more alarming is the observation that more often than not the attorneys of record for the litigants making these claims have been those unschooled in and relatively new to the family law arena, who have chosen to step outside their actual specialty and add a minor “division” of family law to their practices.… View Full Article → “Custody Wars: My Lawyer Suggested that I Fabricate a Child Abuse Allegation!”

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