Blast From The Past: The Red Ones Are the Best!

By Robert "Chip" Mues   |   July 1st, 2017
Blast From The Past: The Red Ones Are the Best!

“The Ohio Family Law Blog has continuously been posting information about divorce and family law topics since 2007. We are frequently asked about articles in our archives. So that got us thinking, perhaps it might be fun to occasionally repost a “Blast From The Past”…SO, IT’S BLAST OFF TIME!

It seemed appropriate that I should write something for the family law blog geared towards the “Birthday of America”. In the past, I liked to reflect upon the holidays and tried to find some correlation between the specific holiday and my family law practice. Not always an easy task without becoming repetitive in discussing how to celebrate the day in the aftermath of a traumatic divorce.  So, as I pondered possible themes, I considered offering a bit of a twist on “Independence Day”. Or, perhaps, writing a patriotic post about America and the importance of family values.  In the end, I decided to go in a different direction.… View Full Article → “Blast From The Past: The Red Ones Are the Best!”

Gender Equality: U.S. Supreme Court Rules for Unwed Mothers and Fathers

By Robert "Chip" Mues   |   June 24th, 2017
Gender Equality: U.S. Supreme Court Rules for Unwed Mothers and Fathers

Supreme Court Rules Federal Citizenship Rules Unconstitutional, Gender Equality Prevails

Recently the Supreme Court has made a ruling that has progressed society forward and upheld gender equality. On June 12, 2017, in the case of Sessions, Attorney General v. Morales-Santana, the Supreme Court ruled that the current federal citizenship rules were unconstitutional. Justice Ruth Bader Ginsburg wrote for the majority. This decision is a major victory for the justice, who for 20 years battled unsuccessfully for equal treatment of men and women seeking to pass citizenship on to their children.

The current federal citizenship rules state that a child born to an unwed mother automatically becomes a citizen of the United States if the mother previously lived in the United States for at least one-year. However, if a child was born to an unwed father, that child could not become a United States citizen unless the father had lived in the United States for at least five continuous years and two of which the father had to be over the age of 14.… View Full Article → “Gender Equality: U.S. Supreme Court Rules for Unwed Mothers and Fathers”

Prenuptial Agreement: How to Ask for a Prenuptial and Avoid a Break-Up!

By Robert "Chip" Mues   |   June 17th, 2017

Prenuptial agreements are daunting to bring up to one’s significant other and many individuals fear bringing up the topic. Many individuals worry that the prenuptial discussion will cause problems, such as making their significant other feel as if they are not trusted or as if there is an anticipation of a divorce in Ohio via a lack of commitment. However, research has shown that having a prenuptial agreement may in fact strengthen a relationship. Did you know that According to a survey of the American Academy of Matrimonial Lawyers (AAML), 63 percent of divorce attorneys say they’ve seen an increase in prenuptial agreements  over recent years? This is NOT just a male thing either.  Forty-six percent of these lawyers also noted an increase in the number of women initiating requests for prenuptials.

Moreover, there are benefits that may arise from having a prenuptial such as:

  1. A prenuptial can simplify a divorce by addressing the subjects of spousal/child support, the division of debts and assets, and so on…
  2. A prenuptial can also reduce the cost of a divorce simply because it hopefully removes almost all costs associated with a divorce trial (attorney’s fees, court costs, document fees, etc.)
… View Full Article → “Prenuptial Agreement: How to Ask for a Prenuptial and Avoid a Break-Up!”

Divorce: Does an Unequal Allocation Household Chores Lead to a Divorce?

By Robert "Chip" Mues   |   June 3rd, 2017

Does an Unequal Allocation Household Chores Lead to a Divorce? Studies says yes…and no!

To have a successful marriage there are several factors that need to be considered such as being honest with your spouse, being respectful of your spouse, being loyal to your spouse, and, a more recent trend, splitting household chores with your spouse. This last one may seem out of place, but according to research from Pew Research Center Religious Landscape Study more than half of married individuals feel that sharing household chores is important for a successful marriage.  Another study, led by Michael Rosenfield, Associate Professor of Sociology at Stanford University, discovered that women are more likely to seek a divorce due to their frustration when their husbands do not “pull their weight.” Read the study here.

Historically, gender roles in our society have dictated how men and women act. For example, women have been the ones to do the household chores while men went out into the workforce and were the “breadwinners.”… View Full Article → “Divorce: Does an Unequal Allocation Household Chores Lead to a Divorce?”

Holiday Parenting Time Post-Decree Divorce

By Robert "Chip" Mues   |   May 27th, 2017

Most intact families have established holiday traditions for their family. After a divorce, this may all change. The courts generally have established standard orders for parenting time that many people have adopted. Each varies county by county.  However, those orders can be modified by agreement. The standard order is basically a default arrangement utilized when parents have difficulty agreeing with one another.  It is NOT intended to be the ‘perfect” parenting order in all cases.

What Does A Holiday Parenting Time Standard Order Look Like In Montgomery County, Ohio Divorce Court?

Under the standard order in divorce court, holiday parenting time in Montgomery County, Ohio looks like this:

HOLIDAYS:

The non-residential parent shall have the children on the holidays in Column 1 in odd-numbered years and the holidays in Column 2 in the even-numbered years. The residential parent shall have the children on the holidays in Column 1 in even-numbered years and the holidays in Column 2 in odd-numbered years.… View Full Article → “Holiday Parenting Time Post-Decree Divorce”

Credit Score: Little Known Tip to Protect Your Credit After a Nasty Divorce – Request a Credit Reporting Freeze?

By Robert "Chip" Mues   |   May 20th, 2017

Some divorce cases are really nasty and contentious. I have been handling divorce cases in Dayton, Ohio for almost 39 years and I have seen some doozies! Clients regularly ask how they can protect their FICO credit score after their divorce is over. There are some very good articles that I’ve linked to below about those suggestions. I want to focus on the option of requesting a credit reporting freeze especially if you were the primary breadwinner.

While we always include language in the Final Decree of Divorce that both parties are prohibited from incurring debt in the name of the other party, there is more that can be done. If the divorce has been unusually contentious and if you believe that your ex-spouse will ignore this court ordered prohibition and create new credit cards under your social security number, then placing the credit reporting freeze may make great sense.  By doing this you will prevent the credit reporting agencies from releasing your credit report without your consent.… View Full Article → “Credit Score: Little Known Tip to Protect Your Credit After a Nasty Divorce – Request a Credit Reporting Freeze?”

An Ohio Landlord’s Primer to Evictions

By Joseph E. Balmer   |   May 13th, 2017

Should one get into the landlord-tenant business and stick with it long enough, one will probably, at some point, have to deal with evicting a tenant in Ohio.  With respect to this eviction area, there are certain basic rules that you must know.

First, most landlords know that it is good common sense for a landlord to set up as a corporation or a limited liability company and then transfer the rental property into the business entity.  This is so that if there is ever an accident on the property or a dispute, the landlord’s personal assets are protected.  However, if the landlord is a corporation or an LLC, the business entity cannot represent itself in court for an eviction.  In Ohio, a corporation or an LLC must be represented in court by an attorney in an eviction action.

Eviction Of A Tenant, Basic Rules In Ohio You Must Know!

… View Full Article → “An Ohio Landlord’s Primer to Evictions”
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