Divorce During Pendency: Living Separately or Living Together?

By Anne Shale   |   September 27th, 2014

Should Couples Live Separately Or Together Through A Divorce Or Dissolution? – List Of Factors Crucial In Each Case

The parties agree the marriage is not working; the decision is made by one of the parties to initiate a divorce proceeding.  Do the parties live separately or together during the pendency of a divorce?  There are many factors to be considered:

Finances:  If there is adequate income available to cover the living expenses of two (2) households, it is probably easier and less emotionally draining to live separate and apart while the divorce is taking place.  This arrangement allows each party to experience what it feels like to live alone and to take care of one’s home or apartment without the physical assistance or presence of the other party.  If the money or income is not sufficient to pay for two (2) households, some parties will elect to move in with a relative or friend.… View Full Article → “Divorce During Pendency: Living Separately or Living Together?”

Beta Marriage Concept – A Trial Union for 2 Years?

By Robert "Chip" Mues   |   September 20th, 2014

Can Beta Marriage Avoid A Complicated Divorce?

Time magazine recently published an article discussing the concept of a “beta marriage” and millennials.  For those unfamiliar with the word “Beta” let me explain.  In the tech world, the word “beta” is often affiliated with a trial period, in other words, it’s something that’s tested before it’s released or finalized.  For example, when a video game company is nearing the release of a new video game, they’ll often release a “beta version” to a select few individuals.  This version is played and enjoyed as if it were a full released video game.  Instead, what is really going on is the developers are collecting information, analyzing all types of data, and fixing various bugs that may not have been discovered prior to the beta.

In other words, a beta is a test run designed to fix errors.  After a beta has ran its course (often a predefined period of time) the beta is closed.  … View Full Article → “Beta Marriage Concept – A Trial Union for 2 Years?”

Divorce Assets In Ohio – Survivorship Benefits For Spouse

By Joseph E. Balmer   |   September 13th, 2014

What Happens in Ohio if a Divorcee Dies Before Transferring Property or Assets as Divorce Court Ordered?

How Assets are to be Divided After the Passing of a Spouse During the Divorce Decree

The question was recently  posed to me as to what happens if, after a valid and enforceable Decree of Divorce, Dissolution or Legal Separation is filed, one of the spouses or ex-spouses dies before the division of assets can be fully completed.  Does the ex-spouse or spouse still retain an interest in an asset that has been released by the Court Order?  Two possible scenarios may arise, and each will be addressed separately.

Husband Passes First:

Let’s address the situation when the husband passes first.  What about those assets in which wife released or no longer had any interest, yet she remains either a beneficiary or a joint survivorship owner when husband dies?  By operation of law, you would think that those assets would pass to her regardless of the Court Decree, but a quick look to Ohio statutory law helps answer this question.  … View Full Article → “Divorce Assets In Ohio – Survivorship Benefits For Spouse”

Military Divorce Rate Climbs – Are Multiple Deployments at Fault?

By Robert "Chip" Mues   |   September 6th, 2014

Recent Study Reveals Increased Length In Deployments Will Increase The Risk Of Military Divorce

A recent study conducted by the RAND Corporation with the Department of Defense sponsorship found that increased length in deployments will increase the risk of divorce.  The study goes into detail regarding marriages originating prior to and after the September 11, 2001, attacks.  The study found that couples who married prior to the attacks and had one of the spouses deployed to Iraq or Afghanistan were over 20% more likely to divorce than couples who married after the September 11 attacks.  The researchers conducting this study believed that this was likely due to the fact that couples who married after the attacks were better equipped to deal with the challenges of war.

Another study conducted in 2011 found that military divorce rates overall had an uptick from what they had been in the past.  This study found that from 2000-2011 the enlisted military divorce rate increased drastically from 2.9% to 4.2%, edging out the civilian rate of divorce. … View Full Article → “Military Divorce Rate Climbs – Are Multiple Deployments at Fault?”

An Interview with Michael Newsom, Fatherhood Coordinator for the Montgomery County Child Support Enforcement Agency

By Anne Shale   |   August 30th, 2014

Let us first look at some important statistics published by the National Fatherhood Initiative.

The Effects of Father Absence in the Home of Minor Children:

Children of Father-Absent homes are:

  • Five times more likely to live in poverty.
  • Three times more likely to fail in school.
  • Two times more likely to develop emotional or behavioral problems.
  • Two times more likely to abuse drugs.
  • Two times more likely to be abused and neglected.
  • Two times more likely to become involved in crime.
  • Three times more likely to commit suicide.

Compare the facts with children having Father’s involved in their lives:

  • Better cognitive (“knowing and perceiving”) outcomes.
  • Higher self-esteem and less depression as teenagers.
  • Higher grades, test scores, and overall academic achievement.
  • Lower levels of drug and alcohol use.
  • Higher levels of empathy and other pro-social behavior.

I recently had the opportunity to interview Michael Newsom, an employee of the Montgomery County Child Support Enforcement Agency (“CSEA”).  … View Full Article → “An Interview with Michael Newsom, Fatherhood Coordinator for the Montgomery County Child Support Enforcement Agency”

Divorce: Sudden Divorce Syndrome in Ohio

By Robert "Chip" Mues   |   August 23rd, 2014

Can Sudden Divorce Syndrome Impact You Both Emotionally And Legally? What You Need To Know

Sudden Divorce Syndrome (SDS) refers to a situation that occurs, most often in a man’s life, where his spouse, without any signs, wants a divorce.  Perhaps the most publicized SDS (Sudden Divorce Syndrome) case involves Mr. Martin Paul.  Mr. Paul discusses how he was nearing retirement, wasn’t having any ill feelings towards his wife, and had even been planning numerous vacation and relaxation events for himself and his wife together.  Unbeknownst to Mr. Paul, his wife had other plans.  She blindsided him when she announced that she wanted a divorce.  Following the completion of the divorce Mr. Paul was devastated. He was unable to cope with the loss of his family and the accusations his wife threw his way.  He overdosed multiple times but each time was able to dial 911 in time.  Mr.… View Full Article → “Divorce: Sudden Divorce Syndrome in Ohio”

Divorce: Dividing Property, Assets & Debts in Ohio

By Robert "Chip" Mues   |   August 16th, 2014

Property Division in Ohio Can Be Complicated In Marriage Breakup – Hire A Experienced Divorce Lawyer Early

Depending upon the issues in a marriage breakup, dividing assets and debts is usually a preliminary topic of conversation.  This can be a complex and lengthy discussion depending upon the nature of the assets, length of the marriage, and title of the property. The first aspect of analyzing how the court may divide property pertains to whether or not the property was acquired before or after the date of marriage. If the property is separate pre-marital property, that property would remain the property of the initial owner and would not be subject to division. In Ohio, property acquired during the term of the marriage is generally divided “equitably”.  While the courts in Ohio strive to create a fair property division, this may not always lead to a 50/50 equal distribution. But, an equal division is presumed to be the starting point.… View Full Article → “Divorce: Dividing Property, Assets & Debts in Ohio”

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