Marriage: Don’t Ignore the Legal Requirements Before Getting Married, Plan Ahead!

By Anne Shale   |   February 9th, 2013

Requirements Can Be Different In Each State For Obtaining A Marriage License

As I have done in the past, I am utilizing the experience of a family member, my son, as the basis for this family law blog article. He and Renae have been engaged for less than a year and they decided that they would like to “tie the knot” on New Year’s Eve 2012. Unfortunately, they had not looked into the marriage laws of Illinois (where they live) or of Ohio (where both used to live and where their families live) to determine the requirements for obtaining a marriage license.

On December 31, 2012, my son went to the Probate Court of Boone County, Illinois to obtain a marriage license. The Court was not open due to their holiday schedule so obtaining a license that day was impossible. Even if the Court had been open, the State of Illinois has a one (1) day waiting period between obtaining a marriage license and the date the ceremony can be performed.… View Full Article → “Marriage: Don’t Ignore the Legal Requirements Before Getting Married, Plan Ahead!”

Twelve Step Programs – Debunking the Myths

By Guest Contributor Donna F. Ferber, LPC, LADC   |   February 2nd, 2013

Exposing The Eight Most Common Arguments For Not Attending Twelve Step Programs

As an alcohol and drug abuse counselor, I work with many people who are struggling with addiction or substance abuse. Whether you are the one struggling or you have a loved one who is battling the disease, I always recommend a Twelve Step Program. Unfortunately, I am almost always met with resistance. Much of that resistance comes from misconceptions about what Twelve Step Programs are all about, so I will address some of the biggest myths here. These are the eight most common arguments I hear for not attending Twelve Step meetings. (For brevity and clarity, I am using the terms alcoholic and addict interchangeably. When I use the terms “alcohol” or “drugs”, you can substitute any addiction- including gambling. pornography, prescription or illicit drugs.)

  1. Twelve Step Programs are a cult or religion. I know this because they all meet in churches and are very secretive.
… View Full Article → “Twelve Step Programs – Debunking the Myths”

Texting While Driving Ban Now in Effect in Ohio

By Charles W. Morrison   |   January 26th, 2013

New Ohio Texting Law Focuses On Minors Under The Age Of 18

The new Ohio texting ban went into effect on January 1, 2013. No longer are police just issuing warning tickets as they had been doing since September 2012.  After reviewing H.B 99 it’s fairly evident that the law primarily focuses on minors under the age of 18.

Strict Enforcement for Minors:

The new law makes texting, emailing, talking on your phone through any method, using computer, laptop, tablet, playing video games, or using a non-hands free GPS while driving a primary offense.  A “primary offense” means that any of the above acts can trigger a traffic stop and ticket.  This gives great authority to police officers executing this portion of the law.  Merely witnessing a minor with an electronic device in a vehicle is almost immediate grounds for a traffic stop. If you are a minor, you had better put your phone away while diving!… View Full Article → “Texting While Driving Ban Now in Effect in Ohio”

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”

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