Divorce: Service Of Process In Ohio

By Anne Shale   |   June 14th, 2014

Don’t Know Your Spouse’s Location? How to Complete “Service of Process” When Seeking A Divorce In Ohio

When I am retained by a client (Husband or Wife) who is seeking a divorce from his or her spouse, one of my initial questions is:  Do you know where your spouse is residing?  Or, do you know where your spouse is living or working?  This information is important as the spouse will need to be formally “served” with the Complaint for Divorce and associated pleadings (Financial Affidavit, Parenting Proceeding Affidavit, Family Questionnaire, and Title IV-D Application for Child Support Services).  The two (2) most commonly used methods of serving a party with the necessary divorce papers are:

  1. Personal Service of Process:  A Process Server is identified to personally go to the residence or place of employment of the Defendant and to personally deliver the divorce packet (containing all the pleadings and Summons of the Court) to the Defendant.  
View Full Article → “Divorce: Service Of Process In Ohio”

Parents Behavior During Divorce Can Often Lead To Child Favoritism

By Robert "Chip" Mues   |   June 7th, 2014

Behavior Dangers: Poll Reveals Financial Or Marital Stress Can Affect Parents Behavior Toward Their Child

A recent 60 minutes “vanity fair poll” discussed numerous situations in which parents discussed their feelings, and opinions regarding their children.  The poll consisted of calling 1,000 adults nationwide and polling their opinion.

Some of the results were obvious, for example 90% of the parents polled stated that of all their children, they did not maintain a favorite, and all were equal in their eyes.  An article in Psychology Today discussed the dangers of not treating your children equal.  Stating often, a child personality and behavior play a large role in favoritism, in that parents often pick their “best” child.  This is also significant because once a child maintains the “favorite” role; this attention can mold their personality and behavior.

Another point the article makes is how stress, often financial or marital, can affect the way individuals approach their children, often creating a favorite, and reducing the ability to either mend a relationship or to show your true affection.… View Full Article → “Parents Behavior During Divorce Can Often Lead To Child Favoritism”

Internet Becomes First Choice For Attorney Searches

By Robert "Chip" Mues   |   May 24th, 2014

The Most Popular Way To Find An Attorney Is Through Internet Searches According To Survey

A recent survey conducted by Thomas Reuters (published by Findlaw.com) found that today more individuals prefer using the internet to find an attorney than any other method.  Of the individuals surveyed, 38% preferred to use the internet as a first choice to find their next attorney.  This percentage rose from 7% in 2005 to the current 38% in 2014.  The second choice, asking a relative or friend, dropped from its 2005 percentage of 69% to a mere 29%.

The advancement of the internet as a tool to find attorneys should come as no surprise.  The internet is booming in the United States and has continued to rapidly spread among all age groups in usage and access.  The United States ranks second worldwide in internet subscriptions (behind China) but ranks number one in the world with mobile access to the internet.  … View Full Article → “Internet Becomes First Choice For Attorney Searches”

International Divorce: Hague Convention Abduction Report Issued

By Robert "Chip" Mues   |   May 17th, 2014

Hague report lists countries who are not compliant; seek experienced International Divorce and Abduction Attorneys as early as posibile.

The U.S. Department of State Office of Children’s Issues has now submitted its annual report pertaining to compliance problems on international abduction matters for 2013. This “compliance report” identifies countries that are “Not Compliant with the Convention” and countries that show “Patterns of Noncompliance with the Convention”.   This 51 page report lists cases that have remained open and active for 18 months or more after the convention application was filed.  The report also lists countries with Convention enforcement concerns.

Highlights include:

  • Costa Rica, Guatemala, and Honduras were determined to be “non-compliant” with the Convention.  Both Costa Rica and Guatemala demonstrated non-compliance in the areas of judicial and central authority performance.  Honduras demonstrated non-compliance in the areas of judicial, law enforcement, and central authority performance.
  • Brazil and the Bahamas have showed “patterns of noncompliance” with the Hague
View Full Article → “International Divorce: Hague Convention Abduction Report Issued”

Adoptees Can Access Original Ohio Birth Certificate Says New Ohio Law

By Robert "Chip" Mues   |   May 10th, 2014

New Ohio Adoption Law Helps Adult Adoptees Find Their Original Birth Parents

A new law in Ohio will unseal records for about 400,000 Ohio adult adoptees.   This law, Senate Bill 23, was signed by Gov. John Kasich on December 19th. This new law will unseal records and allow these adoptees to find out who their birth parents are.  This is done by allowing adult adoptees to access their original birth certificates, which list their birth parents.

According to Adoption Network Cleveland founder and Executive Director, Betsie Norris, this legislation was the sixth attempt to address this issue in the past 25 years. “Birth parents, adoptees, adoptive parents and adoption scholars and professionals all testified in favor of this bill,” she said. “There was no stated opposition, and we are also thrilled that the bill had such overwhelming support in the Ohio Legislature.”

The previous law regarding this type of discovery was very convoluted.  … View Full Article → “Adoptees Can Access Original Ohio Birth Certificate Says New Ohio Law”

Adultery in the Military

By Robert "Chip" Mues   |   May 3rd, 2014

Is Adultery A Crime Under The Uniform Code Of Military Justice?

The Legal Ramifications For Military Members Who Commit Adultery

Adultery is fairly common in our society.  Frequently, adultery is the grounds for many legal separation and divorce actions; however, “marital fault” is not typically given a great deal of attention by our legal systems.  There are some steps individuals can take to help ensure their asset protection from adultery, such as prenuptial agreements, which may limit the ability for one spouse to take part in the estate once the divorce commences.

A research report conducted by the Associated Press found that nearly 22% of men have strayed during their married lives, and nearly 14% of women have done the same.  Even more say that if they could have an affair, and never have the risk of being caught, they would (Men = 74% Women = 68%).

These numbers are staggering, but not totally surprising.  … View Full Article → “Adultery in the Military”

Military: Immigration Citizenship Laws for Family Members

By Robert "Chip" Mues   |   April 19th, 2014

Obama Policy Memo Outlines How Illegal Immigrants Can Obtain ‘legal status’ If They Are Family Members Of A U.S. Military Service Member.

Memo Could Affect 65,000 Military Immigrants

A memo released by the Obama administration outlines how and when the administration can legally permit relatives of U.S. service military members who are here illegally to stay in the country on a “parole in place” status.  This will essentially give illegal immigrants “legal status” as long as they don’t have a criminal record and are family members of a U.S. military service member.  This applies to both current and former U.S. military service member family members.

Before Policy Memorandum PM-602-0091, issued on November 15, 2013, relatives here illegally were still able to remain in the country but were required to apply for “parole in place”.  This was often very confusing and convoluted to military service member family members. Additionally, it was not taken advantage of due to the uncertainty and lack of awareness surrounding the matter.  … View Full Article → “Military: Immigration Citizenship Laws for Family Members”

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