Ohio Domestic Violence Proceedings – The Survey Says . . .

By Shawn P. Hooks   |   May 2nd, 2009

This is a follow-up to my recent article about Ohio Domestic Violence and the impact it can have on individuals. I decided to write this article to help educate the public about Domestic Violence proceedings in Ohio and what people should know when filing a petition or responding to a petition. After conducting an informal survey, I discovered that there are many important issues that people need to consider when dealing with a Petition for Domestic Violence. I have included some of the items that court personnel wished people knew, including information on the Petition, what is relevant in the proceedings, and the impact that a finding of Domestic Violence can have on an individual.

When filing a Petition for Domestic Violence, it is important to be specific. The main reason for this is that the other party has due process rights under the Constitution, and he or she is entitled to adequate notice of the allegations.… View Full Article → “Ohio Domestic Violence Proceedings – The Survey Says . . .”

Dividing Military Pensions

By Anne Shale   |   April 25th, 2009

Because our law practice is in close proximity to Wright-Patterson Air Force Base (“WPAFB”) and because I am a “former” military spouse (who receives a fifty percent (50%) share of my former spouse’s military pension), a decision was made to add several articles to our Family Law Blog Site related to special considerations which must be made in assisting a military member and/or his/her spouse in the termination of their marriage.   This is the first article having special emphasis on the division of military pensions.

Historically, it is important to note that military pensions were not always subject to division.   In 1981, in a decision that was hailed by military members and greatly criticized by their former spouses, the Supreme Court of the United States in McCarty v. McCarty, 453 U.S. 210 (1981), decided that military pensions were NOT marital property or community property; and as such, were not subject to division between spouses going through a divorce or dissolution.  … View Full Article → “Dividing Military Pensions”

Divorce Calculator—We have an App for That!

By Robert "Chip" Mues   |   April 18th, 2009

Recently, while doing some research for another blog article, I came across a “divorce calculator” posted on the divorce360.com website. With their permission, I have added it to this article below. The calculator is intended for first marriages only. The calculator works by comparing peoples’ backgrounds to yours. You and your spouse might well end up with two different calculation percentages because each of you comes from different backgrounds. The website advises that the best way then to determine your risk for divorce as a couple is to average the two percentages together. The statistical information they use comes from “historical data based on information given by real people and collected as part of the U.S. Census”. Click here to read more about the calculator.

I am, of course, not in a position to comment on the accuracy of the calculations. There are, of course, many other important factors which are not taken into consideration by the calculator which could alter the percentages considerably.… View Full Article → “Divorce Calculator—We have an App for That!”

Did Your Ex-Spouse Take the Easter Baskets? Resurrection After the Crucifixion of Divorce…

By Robert "Chip" Mues   |   April 11th, 2009

Holidays for those that have become divorced can be very difficult times. Easter is no exception. Have old memories of good times and happiness morphed into feelings of anger, regret and pain? We all know that Easter, in its most religious meaning, is the celebration of the resurrection of Jesus Christ. Some European countries stop the daily ringing of the church bell on Thursday in memoriam of the death of Jesus Christ. The daily tradition begins once again the early morning hours of Easter Sunday in commemoration of the resurrection. Devout Christians in America celebrate Easter in the spiritual manner, as do devout Christians all over the world.

But regardless of your religious beliefs, from a practical standpoint, Easter is about forgiveness, life, and in a sense, everlasting life. For those of us, however, who think about Easter in terms of the Easter Bunny, coloring eggs, surviving sugar-crazed kids, or spring break, Easter can still be a time of reflection and resurrection.… View Full Article → “Did Your Ex-Spouse Take the Easter Baskets? Resurrection After the Crucifixion of Divorce…”

Who Says, I Can’t Own a Gun?

By Shawn P. Hooks   |   April 4th, 2009

It isn’t every day that a Family Law issue makes it all the way up to the United States Supreme Court.  Last month, however, the Court issued a decision in United States v. Hayes that could have a far-reaching impact on Domestic Relations and Criminal Law in Ohio and elsewhere.  A lot of people realize that Federal law prohibits anyone who has been convicted of a misdemeanor crime of domestic violence from possessing a firearm or ammunition.  But now, after the Hayes decision, many more people are barred from possessing a firearm or even ammunition!

The Court’s decision in Hayes makes it so that an individual can be convicted of the Federal weapons prohibition statute even without having been convicted of a crime of domestic violence.  Most domestic violence laws are written in a manner that one of the requirements necessary to convict is proof that there was a “domestic relationship”.  … View Full Article → “Who Says, I Can’t Own a Gun?”

Ohio Enacts New Booster Seat Law

By Shawn P. Hooks   |   March 25th, 2009

On January 6, 2009, Governor Strickland signed Sub. H.B. 320.  This new law requires children between the ages of four and eight and under 4’9″ tall to be restrained by booster seats.  The law provides that this is a secondary offense, requiring the driver to be stopped for another reason before a citation may be issued.  The law goes into effect on April 6, 2009.  Warnings will be issued for six months before fines, ranging from $25 to $75, can be imposed.  Governor Strickland is seeking to increase those fines to between $50 and $100 in his proposed budget. Thanks to our friends at the Cleveland Law Library Weblog for posting this summary! To learn more about the new law, click here.… View Full Article → “Ohio Enacts New Booster Seat Law”

So You Want To Be A Parent…

By Robert "Chip" Mues   |   March 21st, 2009

In these challenging and difficult times, and with depressing news and economic turmoil seemingly everywhere, I thought it was worth re-publishing this humorous but poignant “Job Description” recently posted by fellow family-law blogger, Martha Milam, the publisher of the excellent Durham Family Law Journal. Click here to read and enjoy her blog!

POSITION:
Mother, Mom, Mommy, Mama, Ma
Father, Dad, Daddy, Dada, Pa, Pop

JOB DESCRIPTION: Long-term, team players needed, for challenging, permanent work in an often chaotic environment. Candidates must possess excellent communication and organizational skills and be willing to work variable hours, which will include evenings and weekends, including frequent 24-hour shifts on call. Some overnight travel is required, including trips to primitive camping sites on rainy weekends and endless sports tournaments in far away cities! Travel expenses are not reimbursed. Extensive courier duties also required.

RESPONSIBILITIES: Job responsibilities continue for the rest of your life. You must be willing to be hated, at least temporarily, until someone needs $5.… View Full Article → “So You Want To Be A Parent…”

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