DOMA: Same-Sex Marriage Rights Update

By Robert "Chip" Mues   |   July 12th, 2014

A Look At The Same-Sex Marriage Law And The Defense of Marriage Act (DOMA), One Year Later

A few weeks ago marked the one year anniversary since the Defense of Marriage Act (DOMA) was struck down by the Supreme Court of the United States.  This article aims to analyze changes and new laws that have arisen since this decision, discussing where the states and national laws stand in regards to same-sex marriages.

What was the DOMA ruling?

The decision regarding the DOMA law was released on June 26,2013.  The decision that struck down the Defense of Marriage Act had some implications; however, it did not require that states recognize or allow same sex marriage.  The significant portion of the DOMA ruling allowed for states that recognized same sex marriages at the time to be granted the same federal benefits as heterosexual marries couples. We posted this linked blog article on the Ohio Family Law Blog at the time of that historic decision.  … View Full Article → “DOMA: Same-Sex Marriage Rights Update”

4th Of July Family Memories: The Red Ones Are the Best!!!

By Robert "Chip" Mues   |   July 5th, 2014

Family Law Attorney Chip Mues Recalls A Remarkable 4th of July Vacation Set In Maine

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.

As I think about this holiday, it brings back many fabulous memories. As a child, it was in my top two or three yearly holidays. I loved that it was the official start of summer and school was over.… View Full Article → “4th Of July Family Memories: The Red Ones Are the Best!!!”

Animal Protection: New Bill Would Shield Pets From Abuse

By Robert "Chip" Mues   |   June 28th, 2014

Should Domestic Violence Protection Orders Protect the Family Pet Or Animal Against Abuse?

A bill introduced in August 2013 would amend domestic protection order laws to include your furry friend.  The new (potential) law seeks to add “companion animal” to protective order abilities.   The new bill seeks to add the language…

The court may include within the scope of a protection order issued under this section any companion animal that is in the complainant’s or alleged victim’s residence and may issue additional orders as it considers appropriate for the protection of the companion animal, including any listed in division (D)(1) of this section. (SB 177: 2013)

This new added language grants courts the power to protect a victim’s animal from abuse.  This became a hot issue recently with 71% of women who entered battered or abuse shelters reporting that their batterer killed, injured, or was abusive to their animal companion.… View Full Article → “Animal Protection: New Bill Would Shield Pets From Abuse”

Divorce and Your Mortgage Interest Tax Deduction

By Robert "Chip" Mues   |   June 21st, 2014

Consider Allocation Of Mortgage Interest Tax Deduction When Filing A Divorce Decree

In Ohio, and elsewhere, you may be able to deduct the interest paid on the mortgage on your principle residence when filing your tax return.   A deduction is simply the lowering of your taxable income.  For example, if you make an adjusted gross income of 70,000 dollars and have paid 10,000 dollars in mortgage interest throughout the year, you’re taxable income before other deductions would be 60,000 dollars.

Regardless of whether you’re single or married, you’re able to claim your mortgage interest deduction on your itemized return.  When you file your return, you’re also required to list your filing marital status.  The IRS requires that you claim your marital status in accordance with your marital status on the “last day of the year.”  So you must have been married on December 31st of the year to file as “married” for that year.… View Full Article → “Divorce and Your Mortgage Interest Tax Deduction”

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”

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