Ohio Family Law Blog

Blast From The Past: Lingo You Might Not Know From the Divorce World

By Robert "Chip" Mues | June 1st, 2019

PUBLISHER’S UPDATE: This “Blast from the Past” was originally posted on the Ohio Family Law Blog on August 15, 2008. I have updated it to add 9 new terms. This glossary is not a substitute for talking with your divorce lawyer about any of these divorce terms and the implications with your case.

What’s A Deposition? Common Divorce Terms [And Their Definitions]

If you find yourself involved in a divorce, custody case or other family law litigation you may run across some unfamiliar divorce terms. Here are some common ones with a short basic definition:

AFFIDAVIT – Information provided under oath. Often times pertaining to current finances, debts and assets.
CORROBORATING WITNESS – In a non-contested divorce proceeding in Ohio, you will need to bring a corroborating witness for the final non-contested hearing. That witness will have a narrow role to briefly corroborate the facts surrounding the grounds for your divorce.

… View Full Article →

Tips on Dealing with Your Divorce Lawyer [And Why it Matters]

By Robert "Chip" Mues | May 25th, 2019

How To Get The Best Outcome From Your Divorce Lawyer

So, you have selected your divorce lawyer. Here are some tips for how to deal with him/her to hopefully achieve the best outcome possible.

Be Candid and Honest – Don’t ever leave your divorce lawyer in the dark. Try to be completely open about all the relevant facts whether they are good or bad. Disclose all assets and debts. Don’t try to hide assets. Honestly complete the required Financial Disclosure Affidavit. [Here is a link to an article about the importance of properly completing your financial affidavit.] If in doubt about anything bring it up to your lawyer! Remember that all conversations with your lawyer are confidential.
Actively Participate with your Divorce Lawyer – Fully cooperate with your divorce attorney and the paralegal(s). Become part of your team. Help him/her by providing requested documents and information as timely as possible.

… View Full Article →

Estate Planning and Digital Assets in Ohio

By Joseph E. Balmer | May 18th, 2019

Who Can Access Your Digital Assets In The Event Of incapacitation or Death? RUFADAA In Ohio Explained.

Whether it be on-line bank accounts, social media accounts, e-mail accounts, etc., most people today have digital assets. When one becomes incapacitated or deceased, how does a fiduciary gain access to this information? First, one must become familiar with the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA).

Ohio, like a number of states has adopted RUFADAA. To read ORC Section 2137.01, click here. RUFADAA defines “digital asset” as an electronic asset to which a person has a right or interest. The extent to which a fiduciary has access to this information is determined under RUFADAA as follows:

First – The account custodian may have an on-line tool through which the user has provided direction as to the extent digital assets can be revealed to third parties.

Second – If number one does not apply, the owner can designate in estate planning documents (POA, Will, Trust) who can access this information and to what extent.… View Full Article → “Estate Planning and Digital Assets in Ohio”

Are Divorce Lawyers Just “Love Undertakers”? [A Rebuttal]

By Robert "Chip" Mues | May 11th, 2019

Divorce Lawyers Should Not Assist Clients With Mental Health Issues Says NYC Attorney

A well respected New York City divorce lawyer by the name of Val Kleyman recently sent out a newswire to divorce lawyers warning them “to be careful not to cross over into the role of personal therapist for clients. This is a common problem that does not get enough attention” Attorney Kleyman said. He added, “helping someone deal with their emotions, feelings and mental health is a very serious undertaking and must only be done by professionals who are trained and experienced doing this.”

While I agree with most of that, here is the point he made that hit me hard. “Divorce lawyers are the love undertakers. Unlike marriage counselors and therapists whose job it is to save relationships and help people heal, our job is to bury dead marriages quickly and efficiently before their toxicity spreads any further,” says Kleyman.… View Full Article → “Are Divorce Lawyers Just “Love Undertakers”? [A Rebuttal]”

Blast From The Past: 10 Tips To Cut Your Attorney Fees

By Robert "Chip" Mues | May 4th, 2019

PUBLISHER’S UPDATE: Here is one of my favorites posts about attorney fees from back on August 8, 2009! The advice rings as true now as it did then…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!

Tips To Reduce Attorney Fees And Save On Divorce Costs

I would like to share some constructive fee-cutting suggestions for you to consider implementing after you have done your “due diligence” in selecting the right attorney for you and your issues. Many of the cases I have handled over the last 30 years are family law matters which are engagements typically based upon the number of hours spent in the representation. The amount of time to complete these cases varies based upon many factors, including the nature of the issues, contentiousness of the parties, and the cooperation level existing between both counsel.… View Full Article → “Blast From The Past: 10 Tips To Cut Your Attorney Fees”

Can I Demand Proof Where my Ex Spends the Child Support I Pay?

By Robert "Chip" Mues | April 27th, 2019

Can A Parent Request Accounting Of The Child Support Expenses?

This is a frequent question that I hear as a Dayton, Ohio, divorce lawyer. In Ohio, the short answer is “no” as long as the child’s basic needs are being taken care of. There are a few states (such as Washington) which allow for a parent to request an accounting of the child support expenditures.

In most states there is a common misconception that child support must be spent on things that ONLY benefit the child only. In Ohio, child support may be used to pay for a very broad range of expenses including:

Food
Clothing
Mortgage/rent of the home where the child lives
Utility bills, internet, cell phones
Medical expenses
Transportation and vehicle costs (including gas, auto insurance and car repairs)
Childcare/babysitters/camp costs/sports/extracurricular activities
School fees and supplies
Entertainment for the child
Any miscellaneous expenses that contribute to the general welfare of the child.

… View Full Article →

LEGAL ALERT: New Ohio Minimum Age to Marry is 18 Absent Court Order

By Robert "Chip" Mues | April 20th, 2019

PUBLISHERS NOTE: We have blogged about this situation twice before. First, on May 12, 2018, in Teen Marriages and the Push for Reform in Ohio and then on January 12, 2019, shortly after Ohio Governor John Kasich signed the new law abolishing underage marriage in most all cases. Click here to read that post. That new law just became effective on April 8, 2019. We have kept our readers up-to-date on this because underage marriage and human trafficking are important issues in society. So, here is the latest update…

Minimum Age To Marry In Ohio Is Now 18. Underage Marriage Permitted Only With Juvenile Court Consent

Children under age 17 will no longer be permitted to marry in Ohio as a new child marriage law took effect on April 8, 2019. This issue was investigated by the Dayton Daily News in 2017 when it found that 4,443 girls age 17 or younger were married in Ohio between 2000 and 2015, including 59 who were 15 and younger.… View Full Article → “LEGAL ALERT: New Ohio Minimum Age to Marry is 18 Absent Court Order”

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