Divorce: 25 Details Often Overlooked in Negotiations!

By Robert "Chip" Mues   |   January 19th, 2013

Two Founding Members Of The International Academy of Attorneys for Divorce over 50 Compile Their List!

Attorney Mark Chinn of Jacksonville, Mississippi, caught my attention with a divorce post to his family law blog about some items that are frequently forgotten in many divorce agreements. Mark is the author of three American Bar Association books about family law issues and is a frequent writer and lecturer in the field of family law. In addition to these accomplishments, we are both founding members of the International Academy of Attorneys for Divorce over 50, established in 2010.

The first eleven in the divorce list were Mark’s, the rest were some that I have added.
  1. Garage door openers
  2. Gate remote controls
  3. Extra keys to car and house
  4. Security codes
  5. Hotel credit card and airline points
  6. Utility and other deposits
  7. Tax and insurance escrows
  8. Car tag credits
  9. Overdrafts on joint checking accounts
  10. Dates to carry through insurance coverages
  11. Attorney’s fees paid with joint funds
  12. Real estate escrow account refunds
  13. Important days not addressed in the Court’s Parenting  Time Order
  14. Season ticket rights
  15. Country club membership and club access
  16. Storage unit details
  17. Dividing and copying family photos
  18. Copying documents, pictures and files from the family computer
  19. Providing change of address notification to Bureau of Motor Vehicles, support enforcement agency, credit cards, magazines, post office, etc.
… View Full Article → “Divorce: 25 Details Often Overlooked in Negotiations!”

Parenting Time and Child Support In Ohio, The New Initiative

By Robert "Chip" Mues   |   January 12th, 2013

New Parenting Time and Child Support Project in Ohio To Increase Time A Child Spends With Both Parents, Even If They Are Divorced or Separated

I have been practicing family law for 34 years. In my opinion the process by which the State of Ohio has gone about establishing child support orders in Juvenile Court without including any parenting or visitation provisions was patently unfair to fathers. I appreciate that taxpayers shouldn’t have to shoulder the burdens of paying welfare or other assistance for children when it is the joint legal responsibility for their mothers and fathers to do so. But is it fair to establish a child support obligation and not include any reciprocal provision for the fathers to have the right to visit their child(ren)? It is no wonder that there are so many uninvolved fathers out there. Psychologists will tell you that a child who has had both parents involved in his/her upbringing stands a much better chance to become a stable healthy adult.… View Full Article → “Parenting Time and Child Support In Ohio, The New Initiative”

Divorce Lawyer: Should I Hire a Male or Female?

By Robert "Chip" Mues   |   January 5th, 2013

How Gender Of Your Attorney Will Have Very Little Impact On The Final Outcome Of Your Divorce

There are many factors to consider when selecting your divorce or custody lawyer.  One of the common concerns is whether or not a divorce litigant will be better off having a male or female divorce lawyer representing him or her.  Some people think that if they want an “aggressive” divorce lawyer, they need a male; but if they want someone who is “compassionate,” they should hire a female divorce lawyer.  Should the lawyer be a feisty “take no prisoners” divorce lawyer or does it make sense to have a “nice person” approach in the courtroom?  I’ve heard some men say that they would prefer to have a woman represent them because an aggressive female attorney can soften the harshness of husband’s arguments against his wife.  For example, a male attorney criticizing a wife’s choice not to work outside the home can appear cruel or attacking, but those arguments made by a female attorney could score points in a less offensive manner.… View Full Article → “Divorce Lawyer: Should I Hire a Male or Female?”

Paternity Issues: When A Child Is Born During A Separation

By Anne Shale   |   December 29th, 2012

What Is The Dilemma Posed When a Child Born During a Marriage is not “Issue” of the Marriage?

Factual Scenario:

John and Jane Doe have a six-year marriage and no children.  They have come upon difficult times in their marriage.  They are encountering financial difficulties and are literally living from paycheck to paycheck.  John is drinking more than usual to cope with the financial difficulties of the family.  Both are worried about the security of their positions of employment.  They decide to separate to determine if their marriage can be salvaged or if they should terminate their marriage by divorce or dissolution.

Both parties begin to date other persons during their separation from one another.   Jane becomes pregnant with her “boyfriend’s” child.  The boyfriend, Jeff, feels as though he was trapped into an unwanted and unplanned pregnancy and breaks up with Jane.  Jane decides that she wants to try to reconcile with her husband, and they do reconcile and begin living together again as Husband and Wife.  … View Full Article → “Paternity Issues: When A Child Is Born During A Separation”

Tax Planning: Year End Alert for 2012

By Joseph E. Balmer   |   December 15th, 2012

Financial Cliff Poses Several Strategies To Consider For End Of Year Tax Planning

The end of the year is always a good time to speak with your financial advisor and discuss any potential last minute tax planning that may be appropriate before the new year begins.  This year is extremely unusual due to the tax cuts set to expire at the end of the year as well as federal programs that are to be cut.  Beginning next year, federal income tax rates are set to increase and the capital gains and dividend tax rates are also set to increase.  The federal estate/gift exemption is set to revert back from $5,000,000 to $1,000,000.  This “fiscal cliff”, as it has come to be known, is set to commence January 1st of 2013 unless Congress and the President reach an agreement before then.  If one assumes that it is unlikely that an agreement will be reached before the end of the year, there are a number of strategies to consider.… View Full Article → “Tax Planning: Year End Alert for 2012”

Divorce: What If You Don’t Really Want One?

By Guest Contributor Richard C. "Dick" Price   |   December 8th, 2012

Advice On Contesting A Spouse That Has Chosen To Pursue A Divorce

Dick Price is a terrific lawyer!  He has practiced divorce and family law in the Fort Worth, Texas, area since 1976 and has been Board Certified as a Specialist in Family Law since 1984.  He also publishes one of the best family law blogs in the country. In addition to these accomplishments, we are both founding members of the International Academy of Attorneys for Divorce over 50 , established in 2010. He wrote an article that provides sage advice to individuals wondering about contesting or fighting a spouse that has chosen to pursue a divorce. Dick has generously agreed to allow us to repost it. Here it is.

Just like it takes two to tango, it takes two to have a marriage. If one person wants out of a marriage, the other one can’t really prevent a divorce.… View Full Article → “Divorce: What If You Don’t Really Want One?”

Safe Havens Law In Ohio Protects Parents

By Charles W. Morrison   |   December 1st, 2012

But Are Some Mothers And Fathers Still Subject To Criminal Prosecution Under The Safe Havens Law In Ohio?

Early last month, there were a few news stories focusing on what is often referred to as Ohio’s Safe Havens law.  For instance, follow this link to a story about the law’s recent use in the Miami Valley.

The primary purpose of the statute is to allow mothers and fathers the opportunity to safely surrender a newborn baby to certain types of professionals with absolutely no questions asked. That’s right; parents of a newborn baby may simply drop-off their child with certain individuals, such as a hospital worker, without having to provide their name, the baby’s name, an address, or any other identifying information.  Safe havens laws (also known in some states as “Baby Moses laws”) are statutes in the United States that decriminalize the leaving of unharmed infants with statutorily designated private persons so that the child becomes a ward of the state.… View Full Article → “Safe Havens Law In Ohio Protects Parents”

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