Social Media Issues in Divorce Litigation – The New Frontier

By Charles W. Morrison   |   September 29th, 2012

It is no longer a secret that attorneys that work in the domestic relations arena are mining social media networking sites, such as Facebook, for helpful evidence about the opposing party.  A person’s Facebook page is often a very fertile source of embarrassing information that may help sway a judge’s opinion about which parent is best to be the primary caregiver for the children at issue.  That is why it is extremely important for those engaged in a custody battle to be cognizant of what information about themselves (and their children) that they are choosing to share with the world on social media networking sites.

The old adage that “a picture is worth a thousand words” is very often true, especially when the picture is speaking to the lifestyle habits of a parent.  Anyone can dress nicely and appear respectful when testifying in court, but it’s what they do when they are unaware someone is looking that is the true test of their character.  … View Full Article → “Social Media Issues in Divorce Litigation – The New Frontier”

Shared Parenting Misconceptions in Ohio

By Robert "Chip" Mues   |   September 22nd, 2012

Previously my colleague, Anne Shale, posted a very informative article laying out the legal distinctions between sole legal custody and shared parenting in Ohio. Here is the link to her article.  Even though it was posted 3 years ago, the information is still correct.  Nonetheless, I think it would be helpful to expand, clarify and shoot down several shared parenting myths.

Shared parenting requires an equal parenting time allocation.

Not true.  The hallmark of shared parenting is that both mother and father stand on the same legal footing with respect to custody.  Each are equal legal custodians of their child(ren).  Customarily, there is a provision in the plan that specifies whether mother or father’s city of residence is designated for schooling purposes. But this designation does not carry with it any greater custodial rights.  Under a shared parenting arrangement, the actual parenting time allocation can vary anywhere from a 50/50 split to just a few overnights per month for a parent.… View Full Article → “Shared Parenting Misconceptions in Ohio”

Minimalization: How We Accept the Unacceptable

By Guest Contributor Donna F. Ferber, LPC, LADC   |   September 15th, 2012

Minimalization: Accepting the Unacceptable

Minimalization: A Case Study of Jane

Jane was married for twenty five years. Her husband filed for divorce, and Jane struggled to understand what happened. “Disappointed,” was Jane’s response when I queried as to how she felt. Over and over she spoke of her disappointment.

Jane was diagnosed with depression during the marriage. She shut down emotionally. She was not accessible to her husband or children. I asked her if she was happy in the marriage. “Not really, but life is hard.” Her husband, a dominant, verbose guy, didn’t like to hear Jane’s complaints, so after a while she learned to keep them to herself. She tried to minimize them, (“This is not that important”) or rationalize them (“He really didn’t mean that”). Years of minimizing her own pain and trying to hold it in turned into depression for Jane. She wasn’t just disappointed. She was really, really angry.… View Full Article → “Minimalization: How We Accept the Unacceptable”

Divorce: Did Your Parents Marriage End When You Were 23 or Older?

By Robert "Chip" Mues   |   September 8th, 2012

Share Your Responses to This Important Divorce Research Survey!

Mary Murphy is a licensed clinical social worker and a doctoral candidate in counseling psychology from Oregon. I learned about Mary’s research project and survey from reading an article about it posted by Connecticut psychotherapist Donna Ferber. I have enjoyed collaborating in the past with Donna on a number of diverse topics. In Donna’s words, “Ms. Murphy’s work is of great value as she is looking to gather data from an often overlooked population. The effects of divorce on adult children are often minimized and her research helps shed a light on this issue.”

Here is Mary’s own introduction to her survey and research project:

Assumptions, Adult Children, and Divorce

Articles and books on divorce are replete with studies and discussions about the impact of divorce on children. That is, young and adolescent children. But what about the adult children? There is an emerging focus on considerations relevant to children who are adults when their parents divorce after decades of marriage.… View Full Article → “Divorce: Did Your Parents Marriage End When You Were 23 or Older?”

Deposition Tips: Not Just An Ordinary Conversation!

By Mark Segreti   |   September 1st, 2012

Helpful Advice If You Are Called To Provide Testimony At A Deposition

In any type of civil litigation, whether a personal injury case, a probate court case involving a relative’s will or trust, a business dispute with customers or other owners, or a matrimonial case, a party or an important observer may be called to provide testimony at a deposition. A deposition is being questioned under oath often by the opposing attorney, outside court, usually in a law office or a court stenographer’s office. The judge is not present although she is usually accessible by telephone. The deposition is conducted by the lawyers and the court reporter who transcribes all questions, answers, and legal objections. In many cases the lawyers’ perceptions of how this deposition testimony will impact the judge or jury determines whether the case goes to trial or serious settlement discussions occur.

In preparing to give testimony under oath at a deposition it is very important to review the issues and likely questions with your attorney in advance.… View Full Article → “Deposition Tips: Not Just An Ordinary Conversation!”

Bankruptcy Reflections by Several Recent Divorcés

By Anne Shale   |   August 25th, 2012

What You Need To Know Before Filing For A Personal Bankruptcy Action

Since the beginning of the recent housing crisis, I have had the experience of working with clients who have fallen behind with mortgage payments which resulted in the mortgage lender filing a foreclosure action with the Court.  This course of events often leads to the filing of a personal bankruptcy action to discharge the mortgage indebtedness.  In order to get the information to write this article, I chose to interview my son, who will be known as CS, and a divorce client, who will be known as RP.  CS and RP have some commonalities:  (1) both had experienced a divorce proceeding; (2) both had experienced a decline in the value of their homes causing them to be “upside down”; and, (3) both of them had support obligations (child support or spousal support) resulting in each having less disposable income with which to pay their monthly mortgage payments.   … View Full Article → “Bankruptcy Reflections by Several Recent Divorcés”

Spousal Support: Hidden Time Bomb!

By Robert "Chip" Mues   |   August 18th, 2012

Avoid Future Problems, Consult With An Attorney To Avoid Modification Of Spousal Support By The Courts.

Since divorce attorneys, like the rest of the population, do not have a crystal ball, making decisions regarding whether spousal support should be modifiable in the future are difficult.  This is a very crucial area where individuals trying to navigate through a termination of their marriage without an attorney can run into huge problems.

In Ohio, the Court does not automatically retain jurisdiction to modify spousal support in the future.  Instead, the Court’s future jurisdiction to reduce, modify or terminate future spousal support is controlled by the explicit language contained in the Final Decree of Dissolution or Divorce.  The drafting of that language, therefore, is critically important.  Of course, whether you are the payor or the recipient can have a dramatic effect on how you want that provision written.

Options to consider include the following:

  1. The Court retains no continuing jurisdiction to modify spousal support in the future.
… View Full Article → “Spousal Support: Hidden Time Bomb!”
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