Blast From The Past: Are There Advantages to Filing First for a Divorce in Ohio?

By Robert "Chip" Mues   |   January 30th, 2021
Blast From The Past: Are There Advantages to Filing First for a Divorce in Ohio?

Why should I file first in a Divorce Complaint? Here are the reasons.

PUBLISHER’S NOTE: This blog on filing a divorce complaint is as meaningful today as it was when we originally posted it on December 16, 2019. The importance of meeting with an experienced divorce lawyer in your area to evaluate when and where to file cannot be overstated! We have a ton of interesting articles in our archives of the Ohio Family Law Blog. Use our Search tool and enjoy a few oldie but goodies!

Several Strategic Reasons Why Filing Of The Divorce Complaint FIRST, Makes Prudent Sense

Unfortunately, you have concluded that your marriage needs to come to an end. Now it is time to put on your “business hat” and plan how to accomplish that result. When feasible, a dissolution proceeding is the best vehicle to accomplish the termination of an Ohio marriage. However that approach takes a full agreement in advance of filing by both parties on ALL issues and obviously cooperation.… View Full Article → “Blast From The Past: Are There Advantages to Filing First for a Divorce in Ohio?”

Tips for Divorce Lawyers – Having Trouble Obtaining Out of State Discovery?

By Robert "Chip" Mues   |   January 23rd, 2021
Tips for Divorce Lawyers – Having Trouble Obtaining Out of State Discovery?

UIDDA (Uniform Interstate Deposition and Discovery Act)

Ohio Civil Practice Discovery Help For Divorce Attorneys – How To Obtain Documents Outside Ohio?

As a lawyer who focuses my practice primarily on Ohio divorce and family law cases, it is easy to sometimes forget about Ohio Civil practice discovery rules and statutes. How many of you have had difficulty obtaining documents or setting depositions with companies located outside Ohio? I suspect, most of my fellow divorce lawyers would acknowledge the frustration this has caused!

I have recently had a battle obtaining retirement statements from a plan administrator located outside Ohio. It is hard to complete needed ‘due diligence’ to value assets in a divorce  without retirement statements to determine if all contributions were marital as well as the dates and amounts of loans or withdrawals.

If you find yourself in this situation, I want to remind you to look at O.R.C.… View Full Article → “Tips for Divorce Lawyers – Having Trouble Obtaining Out of State Discovery?”

Do Criminal Convictions Impact Custody Determinations?

By Robert "Chip" Mues   |   January 16th, 2021
Do Criminal Convictions Impact Custody Determinations?

Child’s Best Interest Considered When Custody Is Granted In Ohio, But What If The Parent Has Criminal Convictions On File?

Yes. Criminal convictions may impact the Judge’s decision regarding who is granted custody. In Ohio, as in most states, the guiding principle is “what is in the child’s best interest“. By necessity, this must be a very comprehensive consideration of many factors. In Ohio, Section 3109.04 (F)(1) lists 10 specific factors the Court is to consider when making a custody determination.

They are:

(F) (1) In determining the best interest of a child pursuant to this section, whether on an original decree allocating parental rights and responsibilities for the care of children or a modification of a decree allocating those rights and responsibilities, the court shall consider all relevant factors, including, but not limited to:

  1. The wishes of the child’s parents regarding the child’s care;
  2. If the court has interviewed the child in chambers pursuant to division (B) of this section regarding the child’s wishes and concerns as to the allocation of parental rights and responsibilities concerning the child, the wishes and concerns of the child, as expressed to the court;
  3. The child’s interaction and interrelationship with the child’s parents, siblings, and any other person who may significantly affect the child’s best interest;
  4. The child’s adjustment to the child’s home, school, and community;
  5. The mental and physical health of all persons involved in the situation;
  6. The parent more likely to honor and facilitate court-approved parenting time rights or visitation and companionship rights;
  7. Whether either parent has failed to make all child support payments, including all arrearages that are required of that parent pursuant to a child support order under which that parent is an obligor;
  8. Whether either parent or any member of the household of either parent previously has been convicted of or pleaded guilty to any criminal offense involving any act that resulted in a child being an abused child or a neglected child; whether either parent, in a case in which a child has been adjudicated an abused child or a neglected child, previously has been determined to be the perpetrator of the abusive or neglectful act that is the basis of an adjudication; whether either parent or any member of the household of either parent previously has been convicted of or pleaded guilty to a violation of section  2919.25 of the Revised Code (Domestic Violence)  or a sexually oriented offense involving a victim who at the time of the commission of the offense was a member of the family or household that is the subject of the current proceeding; whether either parent or any member of the household of either parent previously has been convicted of or pleaded guilty to any offense involving a victim who at the time of the commission of the offense was a member of the family or household that is the subject of the current proceeding and caused physical harm to the victim in the commission of the offense; and whether there is reason to believe that either parent has acted in a manner resulting in a child being an abused child or a neglected child;
  9. Whether the residential parent or one of the parents subject to a shared parenting decree has continuously and willfully denied the other parent’s right to parenting time in accordance with an order of the court;
  10. Whether either parent has established a residence, or is planning to establish a residence, outside this state.
View Full Article → “Do Criminal Convictions Impact Custody Determinations?”

LEGAL ALERT: Federal Court Strikes Down Ohio Law Blocking Trans People from Amending Their Birth Certificates

By Robert "Chip" Mues   |   January 2nd, 2021
LEGAL ALERT: Federal Court Strikes Down Ohio Law Blocking Trans People from Amending Their Birth Certificates

Equal Protection Clause Allows Discrimated Ohio Transgender Residents To Correct Gender On Birth Certificate

On December 16th, 2020, federal Judge Michael Watson of the Southern District of Ohio’s Eastern Division found unconstitutional the Ohio Department of Health’s policy which prohibited transgender residents from correcting their gender on their birth certificate. Ohio allowed for gender changes on birth certificates to be made until 2016. Judge Watson stated “the policy resembles the sort of discrimination- based legislation struck down under the equal protection clause in Romer v. Evans  as nothing more than a policy ‘born of animosity toward the class of person affected’ that has ‘no rational relation to a legitimate government purpose.’ ”

Judge Watson ruled in favor for four transgendered Ohioans to legally correct their birth certificate gender marker and overturn the state’s decision to deny the correction of the gender mark on their birth certificates . The case, known as Ray v.View Full Article → “LEGAL ALERT: Federal Court Strikes Down Ohio Law Blocking Trans People from Amending Their Birth Certificates”

The Importance of Ohio Health Care Documents During the Coronavirus Pandemic [UPDATED]

By Joseph E. Balmer   |   December 26th, 2020
The Importance of Ohio Health Care Documents During the Coronavirus Pandemic [UPDATED]

Health Care Decisions During The Coronavirus (COVID-19).

PUBLISHERS NOTE: In the rush of the holidays, please do not overlook the importance of helping your family members review their estate planning and health care documents. Doctors are urging people to take this important step! This blog, first published on April 11, 2020, demystifies durable health care powers of attorneys and living wills. For the sake of your loved ones, please don’t put this off.

Coronavirus: Health Care Durable Power of Attorney Covers All Health Care Decisions

A COVID vaccine is coming. So is the beginning of winter.  While a reason for optimism for 2021 exists, the winter of 2020-2021 will be unusually dangerous, with the coronavirus running rampant. Experts are pleading that individuals have their estate planning documents in order, especially power of attorney for health care documents and living wills (advanced directives). With many long-term care residents unable to meet personally with their loved ones, it is more important than ever that those loved ones know the wishes of an individual and can act on their behalf.… View Full Article → “The Importance of Ohio Health Care Documents During the Coronavirus Pandemic [UPDATED]”

Has the US Divorce Rate Dropped to an All Time Low?

By Robert "Chip" Mues   |   December 19th, 2020
Has the US Divorce Rate Dropped to an All Time Low?

Divorce Rate In The US Continues To Drop Amidst Covid Pandemic

The American Community Survey data released from the census Bureau recently revealed that the divorce rate in the USA has hit a record low. According to the data, 14.9 out of every 1000 marriages ended in divorce which is the lowest rate in 50 years. It is projected, that even though we are in the midst of the pandemic, the drop of divorces is likely to continue. Lower divorce rates translate to longer marriages. The new Census Data, reports that the average marriage length has increased almost one year in the recent decade. In 2010 the mediation duration was 19 years, and the length has increased to 19.8 years in 2019.

Journalists have speculated that there is a rise in divorce as a result of the pandemic, and there have been many headlines declaring it true. However according to Brad Wilcox, a University of Virginia sociology professor and the director of the National Marriage Project at the university, this is simply not true.… View Full Article → “Has the US Divorce Rate Dropped to an All Time Low?”

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