Divorce: What is a Settlement Conference?

By Robert "Chip" Mues   |   November 30th, 2019
Divorce: What is a Settlement Conference?

What To Expect And How To Prepare For A Settlement Conference

A Settlement Conference Can Be Beneficial In Divorce To Avoid A Trial

Are you in the midst of a divorce? Getting a divorce can be a rough experience and emotionally difficult. Court dockets are crowded and litigating a case through a trial can take a very long time and end up being very expensive!

Many divorce Courts schedule mandatory settlement conferences routinely as part of the normal process. This is done to facilitate settlements and to reduce cases on the contested trial docket. Please note that in addition to mandatory Court ordered settlement conferences that scheduling voluntary settlement conferences outside of Court are typical and can be very beneficial. The goal in both is the same. Reach settlement to avoid trial.

What happens at the divorce settlement conference?

Each Judge and County conduct these conferences differently. Ask your lawyer to detail the process that is ahead in your case.… View Full Article → “Divorce: What is a Settlement Conference?”

Blast From The Past: Dealing with the Holidays if You Are in Divorce Transition…

By Guest Contributor Donna F. Ferber, LPC, LADC   |   November 23rd, 2019
Blast From The Past: Dealing with the Holidays if You Are in Divorce Transition…

PUBLISHER’S UPDATE: Here is a great post about dealing with the holiday season if you are going through a divorce transition. It is written by Donna F. Ferber from back on September 23rd, 2017! Donna F. Ferber, LPC, LADC is a psychotherapist in private practice for 30 years in Farmington, Connecticut. She is a licensed professional counselor, a licensed alcohol and drug abuse counselor and an educator. In her private practice, Donna specializes in issues related to life transitions. These include but are not limited to divorce, remarriage, chronic illness, loss, relocation. Donna has been a guest contributor to the Ohio Family Law Blog since 2010. We have enjoyed collaborating on several articles over the years. 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!

Divorce Transition: 10 Tips To Cope With The Holiday Season

Every major life event, whether joyful or sad, brings on a period of transition as we adjust to the “new normal.”… View Full Article → “Blast From The Past: Dealing with the Holidays if You Are in Divorce Transition…”

Disabled Individuals May Save and Invest Without Losing Need-Based Benefits

By Joseph E. Balmer   |   November 16th, 2019
Disabled Individuals May Save and Invest Without Losing Need-Based Benefits

Social Security Disability Benefits

New Investment Program, “STABLE” Available To Disabled Ohioans Who Are On Social Security Disability Benefits

Back in 2016, then Ohio Treasurer Josh Mandel announced a new program called STABLE, which created a new type of investment account that had certain tax advantages, and was available to disabled Ohioans and their families. Ohio was the first state to create such a program, and it has since been expanded to residents of all states.

A person is considered eligible for a STABLE account if they are entitled to receive Supplemental Security Income (SSI) because of their disability, Social Security Disability Insurance (SSDI) because of their disability, have a condition listed on the Social Security Administration’s List (https://www.ssa.gov/compassionateallowances/conditions.htm), or be able to ‘self certify’ their disability and diagnosis via a certain set of procedures including a signed diagnosis from a licensed physician in most cases.… View Full Article → “Disabled Individuals May Save and Invest Without Losing Need-Based Benefits”

What to Do if Your Spouse is Missing and You Want a Divorce in Ohio?

By Robert "Chip" Mues   |   November 9th, 2019
What to Do if Your Spouse is Missing and You Want a Divorce in Ohio?

Ohio Court Can Publish Divorce Complaint In Local Newspaper If The Address Of Missing Spouse Is Unknown

Typically when a divorce is filed the adverse spouse is served with the summons, divorce complaint and other required documents. This can be accomplished a number of ways as set forth in the Ohio Rules of Civil Procedure.  Obtaining “service of process” is essential for the Court to obtain jurisdiction over the matter and to proceed with your case and issue orders over support, property division, custody etc. All states require that the opposing spouse receive a copy of the divorce papers typically delivered by a private process server (especially if there are any restraining orders).

WHAT DO YOU DO IF YOU LOOSE TRACK OF YOUR SPOUSE AND WANT A DIVORCE?

Most states have a law or civil rule about the requirements to utilize the service by publication provision when the address of the defendant is unknown.… View Full Article → “What to Do if Your Spouse is Missing and You Want a Divorce in Ohio?”

Update Flash: Looking for Therapists in Southwest Ohio Experienced in High Conflict Divorce/Custody Matters?

By Robert "Chip" Mues   |   November 2nd, 2019
Update Flash: Looking for Therapists in Southwest Ohio Experienced in High Conflict Divorce/Custody Matters?

PUBLISHER’S NOTE: Five years ago, we posted an article about the The Counseling and Cooperative Parenting Center of Ohio, LLC, also known as “CCPC – Ohio”. It seemed long overdue that we post an update on this wonderful resource for families with children having been involved in a high conflict divorce case. Click here, to read our initial article about this Center from April 12, 2014. Brenda Patton, the owner and director of the Center, was kind enough to provide me an interview to discuss the evolution of CCPC. Southwest Ohio is certainly fortunate to have this resource!

SO, WHAT IS A HIGH CONFLICT DIVORCE CASE?

Ms. Patton defined it as being cases that have a “revolving door” relationship with the Domestic Relations Courts. They are the cases that are never resolved or settled.  Months and/or years after divorce has been finalized, the parties are still returning to Court to resolve unsettled issues relating to support, visitation, selection of schools, selection of treating physicians, payment of medical expenses, payment of extracurricular expenses, etc.… View Full Article → “Update Flash: Looking for Therapists in Southwest Ohio Experienced in High Conflict Divorce/Custody Matters?”

Divorcing? What do You do With Your House?

By Robert "Chip" Mues   |   October 26th, 2019
Divorcing? What do You do With Your House?

Home’s Equity To Be Divided Equally Between Two Parties In Divorce

You have agreed to a divorce. Now for the difficult and often unpleasant task of dividing the assets. Sure, you can agree who gets the tv and who gets the dishes, but the most difficult division is often how do you “divide” the house. Generally speaking, the home is considered a marital asset and the equity needs to be divided equally between the two parties.

Perhaps the home was bought by one of you before you were married. In that case it may be considered non-marital property. However, if both parties have been put on the deed or if the home was refinanced in both of your names, then the house will likely be considered marital property regardless of who paid for the house initially. Of course, if you purchased a home together during the marriage then it is definitely a marital property and the equity needs to be divided. … View Full Article → “Divorcing? What do You do With Your House?”

Seeing a Divorce Lawyer for the First Time – Thoughts from a Divorce Lawyers Summer Extern

By Lily Mann, Second Year Law Student at the University of Dayton School of Law   |   October 19th, 2019
Seeing a Divorce Lawyer for the First Time – Thoughts from a Divorce Lawyers Summer Extern

A Good Divorce/Dissolution Attorney Cares, Even About The Little Things

As an extern with the Dayton, Ohio, law firm of Holzfaster, Cecil, McKnight, & Mues, I’ve had the opportunity to sit in on a number of divorce/dissolution consultations. As my time here is drawing to a close, here are a few truths I’ve gleaned from my time here at the office.

  1. No two clients are ever the same. Some cry, some just want to get it over with, some crack jokes for most of the consultation. The occasional client will do all of the above during the course of a single meeting.
  2. Nothing you can say will be shocking or weird or too much. This one may seem counterintuitive based on the first statement, but it is true. Every divorce is entirely unique, but after a while, the different components start to look similar.
  3. Yes, we do listen to everything you say.
… View Full Article → “Seeing a Divorce Lawyer for the First Time – Thoughts from a Divorce Lawyers Summer Extern”
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