The Name Game: Shirley, Shirley bo Birley . . .

By Robert "Chip" Mues   |   October 18th, 2008

Don’t forget to discuss with your Dayton divorce lawyer before the final hearing if you want to be reinstated to a former name. This is the time to accomplish the name change with ease, and typically, without any additional costs! Procedures vary from court to court whether the name change can be submitted as part of the Final Decree or by way of a separate Court Order. Either way, it is easy, and the wife has the right to decide whether she wants to keep her married surname. No, husbands, you cannot require your ex to relinquish your surname. And wives cannot pick a new surname; they can only be reinstated to a maiden or former name.

If you decide months after the divorce that you want to go back to a former name, it may be too late to have the Domestic Relations Court enter the name change for you.… View Full Article → “The Name Game: Shirley, Shirley bo Birley . . .”

Part 2 -The Consequences of Domestic Violence Victims Changing Their Identity

By Robert "Chip" Mues   |   October 11th, 2008

Submitted by Robert Mues with legal research and assistance from Aaron Hill, an extern from the University of Dayton School of Law.

Some cases of domestic violence in Dayton are so severe that an identity change may seem to be the only solution. At first glance, changing one’s social security number and name is an enticing proposition. However, there are a number of very serious consequences to consider before taking this drastic step.

Negative Consequences to Changing Your Identity and Social Security Number:

The effects of changing one’s identity and social security number are lasting. The victim is essentially eliminating any connection with his/her prior life and literally starting from scratch. The victim loses all professional and academic credentials, past credit history (good or bad), and loss of interaction with family and friends of the victim. This, in turn, makes it incredibly difficult to find a new career, buy a house or rent an apartment, obtain any type of insurance, or safely contact any former friends or family.… View Full Article → “Part 2 -The Consequences of Domestic Violence Victims Changing Their Identity”

The Pros and Cons Of Victims Of Domestic Violence Changing Their Identity

By Robert "Chip" Mues   |   October 4th, 2008

In recognition of October having been declared Domestic Violence Awareness Month, this post and next week’s article focus on trying to assist individuals who have faced such devestating violence.

This is the first of a two part article on this subject. While not widely known, the Social Security Administration had established a procedure in 1998 for victims of family violence to obtain a new Social Security number. The Administration states:

“Public awareness campaigns stress how important it is for victims to develop safety plans that include gathering personal papers and choosing a safe place to go. Sometimes the best way to evade an abuser and reduce the risk of further violence may be to relocate and establish a new identity. Following these changes, it also may be helpful to get a new Social Security number.

Although Social Security does not routinely assign new numbers, we will do so when evidence shows you are being harassed or abused or your life is endangered.… View Full Article → “The Pros and Cons Of Victims Of Domestic Violence Changing Their Identity”

Understanding the Courts: Family Relations Department of the Domestic Relations Court of Montgomery County, Ohio

By Anne Shale   |   September 27th, 2008

What Does the Family Relations Department of the Domestic Relations Court of Montgomery County, Ohio, do for the court and for the clients of the court?

The Family Relations Department entered into a Memorandum of Understanding Program Description wherein it describes it will provide the following services:

  • Guardian Ad Litem Services
  • Parenting Time Facilitation
  • Parenting Time Investigations
  • Home Study Investigations
  • Other.

An Interview with Sandra Fredrick, Manager of the Family Relations Department of the Domestic Relations Court of Montgomery County, Ohio, took place on Monday, June 30, 2008, with the specific intent to answer the question posited above.

Ms. Fredrick advised me that she had been with the Court since 1978, this being her thirtieth (30th) year with the Court. She explained to me that it was during Judge Charles Lowman’s term with the Court that he caused the Guardian Ad Litem program to be initiated to assist the Court with issues of custody, visitation, and other disputed child-related issues, especially for persons who did not have the money to pay for a psychological evaluation of the parties.… View Full Article → “Understanding the Courts: Family Relations Department of the Domestic Relations Court of Montgomery County, Ohio”

New Military Survivor Benefit Election (SBP) Procedure

By Robert "Chip" Mues   |   September 13th, 2008

I hate to get too technical, but I recently learned that there has been a significant change in the manner in which the Defense and Accounting Service will allow a continuation of payments to a former spouse after the military member/retiree dies. This SBP procedure used to be simple for the attorney. Previously, all that was needed was a timely letter from the attorney to DFAS requesting the election along with a copy of the court order and decree.

Guess what? After September 27, 2008, the ONLY manner such a survivor benefit election can be accomplished is by submitting to DFAS a completed DD 2656-10 form along with a copy of the decree. If the old approach is utilized, the election will NOT be valid. Click here to see a memo from the Under Secretary of Defense dated May 30. 2008, indicating the change.

The time perimeters have not changed. If the member/retiree requests the coverage, the deadline is one year from the date of the divorce.… View Full Article → “New Military Survivor Benefit Election (SBP) Procedure”

When to Seek Professional Counseling and/or Therapy During a Divorce Proceeding

By Anne Shale   |   September 6th, 2008

Being confronted with the fact that a divorce proceeding has been initiated can certainly be disconcerting and upsetting. As a former nurse and having primarily practiced divorce and family law for over twenty years, I would like to share some of my insights. While some parties may be knowledgeable that this action is taking place, other parties may be absolutely caught “off guard”, being unaware that anything was or is amiss. The fact that one party, either Husband or Wife, is placed on notice that a divorce proceeding has been initiated evokes many feelings and emotions. Many persons may need some assistance as they attempt to cope with the emotional roller-coaster they may be experiencing. If either party is having any or all of the following signs and/or symptoms, it may certainly be beneficial to seek some assistance from a family physician, psychologist, and/or counselor.

  1. Inability to sleep soundly and to get a good night’s sleep.
… View Full Article → “When to Seek Professional Counseling and/or Therapy During a Divorce Proceeding”

Divorce Cases Can Cause Emotional Explosions

By Robert "Chip" Mues   |   August 30th, 2008

Divorce cases can be emotionally devastating to the parties. As a family law attorney, I not only have to evaluate the facts and give sound advice to my client, but I need to use my best set of skills to assess the client’s emotional stability, support network, and anxiety level. Sometimes this is relatively easy and in other cases it is extremely tough.

I am writing about this topic after reflecting about the Dayton Daily News article on August 28, 2008, about the local Trotwood police detective who survived two gunshot wounds inflicted by his wife because she was upset that he was divorcing her. It is so sad that apparently her anger led her to take such an irrational and violent act. I have learned that reaction to a divorce can run the entire gamut, ranging from happiness, paralysis, anger, depression, revenge; and yes, even to murder or suicide. I often spend as much time in a client conference considering the emotional aspects of the client as the legal aspects.… View Full Article → “Divorce Cases Can Cause Emotional Explosions”

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