Artemis Center Provides Assistance To Victims Of Domestic Violence

By Anne Shale   |   October 25th, 2014

An Update on Dayton’s Domestic Violence Resource Agency – The Artemis Center in Montgomery County, Ohio

As the month of October is Domestic Violence Awareness Month, I chose to update an Ohio Family Law Blog article I had posted six (6) years ago on October 25, 2008.  Click here to read it. On Friday, October 10, 2014, I again travelled to Artemis Center to meet with and interview the new Executive Director, Judy Strnad.  Ms. Strnad is a graduate of DePaul University and received a Master in Social Work degree from the University of Illinois in Chicago. The new Director has over twenty-four (24) years of experience in administrative positions with non-profit organizations.  She commenced her position as Executive Director on April 28, 2014.

We began our discussion regarding the topic of Domestic Violence by addressing the “new” wallet-sized cards being issued to persons obtaining a Civil Protection Order (“CPO”) in Montgomery County, Ohio.  … View Full Article → “Artemis Center Provides Assistance To Victims Of Domestic Violence”

Same-Sex Marriage Case Declined By U.S. Supreme Court

By Robert "Chip" Mues   |   October 18th, 2014

The U.S. Supreme Court’s Refusal to Rule on Same-Sex Marriage Cases has Broad Implications

The United States Supreme Court recently declined to take up an issue regarding same-sex marriage.  By declining to take these cases, the court has allowed men and women to have entered into same-sex marriages in eleven states that previously didn’t allow same-sex marriages.*

By refusing to take up the appeals of these cases, they have in essence upheld the rulings that all allowed same-sex marriage.  Those new eleven states that are now required to recognize and issue same sex marriage certificates are listed below. Even more surprising is that the court did not issue an explanation (which is typical) as to why they decided not to rule on the cases.

These cases came up through the Federal Courts of Appeals.  There are 12 of these federal appellate courts in the United States.   These courts cover several states within their jurisdiction, which is how 11 states recently had their same-sex laws implemented.… View Full Article → “Same-Sex Marriage Case Declined By U.S. Supreme Court”

Foster Home Placement For Children: The Psycho-Legal Considerations

By Guest Contributor, Daniel Pollack   |   October 11th, 2014

Foster Care Placement For A Child – What Effect Will Other Children In A Foster Home Have?

A healthy 3-year-old is placed in a foster home. A month later, a 16-year-old with a history of borderline personality disorder is placed in the same home. Without permission, the 16-year-old decides to give the 3-year-old a bath. Tragically, the 3-year-old drowns. Whatever the exact circumstances, and the foster parents’ behavior and liability aside, was it negligent of the agency initially to place the teenager in the same home as the young child?

When a child is placed in a foster home, it is the responsibility of the placing agency to evaluate the prospective home by considering its environmental, physical, emotional, medical, and educational benefits and hazards. Finding a compatible foster home is not just a question of finding the right foster parents. If there are other children in the home, they are also crucial to the selection process.… View Full Article → “Foster Home Placement For Children: The Psycho-Legal Considerations”

Bitcoins and Hiding Assets in a Divorce Action

By Robert "Chip" Mues   |   October 4th, 2014

Protect Your Assets – Talk To A Divorce Attorney To Avoid Being Ripped Off By Bitcoins Concealment

Bitcoins are defined as a cryptocurrency and are the first of their kind.  Cryptocurrency is just a fancy term for “encryption” meaning only authorized parties can read it. This essentially allows individuals to store bitcoins without any link to themselves, drastically differing from bank accounts or stocks. Bitcoins, unlike traditional currencies like the US Dollar, aren’t backed by governments and aren’t influenced by monetary policy. This makes bitcoin more like gold than any other currency since its value rests entirely on how much people are willing to pay and how much its users believe in it. Bitcoins are traded from one personal ‘wallet’ to another. A wallet is a small personal database that you store on your computer drive, on your smartphone, on your tablet, or somewhere in the cloud.

Bitcoins came into existence in 2009 when creator Satoshi Nakamoto (which is presumed a pseudonym) launched the network as an “electronic peer-to-peer currency.”  … View Full Article → “Bitcoins and Hiding Assets in a Divorce Action”

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”

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