The “Un-Advisability” of an “Un-Divorce” Arrangement

Psychotherapist and Guest Contributor Donna F. Ferber sent me an email a month or so ago encouraging me to read Suzi Parker’s article about famous couples who chose, rather than going through a divorce, to simply live separate lives. Click here to read Ms. Parker’s article about a trend some people call an “un-divorce.”

We both agreed to attempt to fairly evaluate the “pros and cons” of this option: she from a psychological perspective and me from a legal perspective. Initially, Donna was much more open to the possible merits of this arrangement than I was. She made it clear that she was most interested in hopefully reaching and empowering people who are in unhappy marriages and who feel trapped by fear, ignorance, and the lack of financial and emotional resources. Donna and I continued to exchange numerous emails over the last six weeks about this “un-divorce” arrangement, discussing the relative merits of couples remaining married but living separate lives.… View Full Article → “The “Un-Advisability” of an “Un-Divorce” Arrangement”

Custody Wars: My Lawyer Suggested that I Fabricate a Child Abuse Allegation!

Our guest contributor this week is Judianne Cochran a nationally recognized expert/consultant in the following disciplines: sex offender profiling; false allegations in custody cases; interstate and international parental abduction; interstate custody and parental alienation. She has testified in numerous Courts throughout Ohio and the country. Judi presently resides in Columbus, Ohio.

In recent years there has been a steady and alarming increase in the use of false allegations of vague, unsupported claims of domestic violence and even vaguer claims of child abuse, used solely in an attempt to find a shortcut to a presumed better position in custody cases. What is more alarming is the observation that more often than not the attorneys of record for the litigants making these claims have been those unschooled in and relatively new to the family law arena, who have chosen to step outside their actual specialty and add a minor “division” of family law to their practices.… View Full Article → “Custody Wars: My Lawyer Suggested that I Fabricate a Child Abuse Allegation!”

Thoughts about Your Divorce Day

Just as each marriage is unique, so is each divorce. Your reaction to the final legal decree will vary from that of others going through this process. Your feelings will be based on your own special circumstances and will depend upon a number of factors:

  • How reconciled you are to the divorce.
  • How much time has passed between the filing of the original papers and the final day.
  • How much acrimony still exists with your spouse.
  • How much rebuilding of your own life you have already done.

Divorce Day can bring about a myriad of feelings, ranging from extreme sadness to exuberant joy to calm indifference. By knowing yourself and your own feelings about your situation, you can predict, to some degree, how you will feel.

Here are some tips for preparing for your day in court:

  • Make a trial run the day before so you know how to get there and where to park.
… View Full Article → “Thoughts about Your Divorce Day”

New Law Protects Teens from Dating Harassment and Violence

In 2005, a seventeen-year old girl named Shynerra Grant was murdered by her ex-boyfriend, Antonio.  She had just graduated high school in Toledo, Ohio, and was heading to college in the fall.  Shynerra had been stalked by her ex-boyfriend for more than a year before she was murdered.  Antonio stalked and abused Shynerra, including an incident in May 2004 when he broke into her home and put her in the hospital with a broken jaw.  At the time an adult could obtain a Civil Stalking Protection Order (CSPO), but it was almost impossible for minors to get that same protection if the aggressor was another minor.

In March 2010, the Ohio General Assembly passed legislation that would confront this issue.  House Bill 10, named the Shynerra Grant Law, was sent to Governor Strickland for his signature.  The Governor signed the bill into law and it will become effective on June 17, 2010.  … View Full Article → “New Law Protects Teens from Dating Harassment and Violence”

How Injury Claims Are Treated In Divorce Court

In early April, I received a phone call from Attorney Brian Wilson, a principal in the Canton personal injury law firm of Nicodemo & Wilson.  He and I have teamed up on a few prior projects, and he has contributed to the Oho Family Law Blog in the past.  After catching up a bit on the joys of blogging and our respective lives, he asked if I might consider writing an article as a guest blogger on their Bull’s-Eye Blog about how personal injury settlements are treated by divorce courts.  Of course, I was only too happy to accommodate Brian.  His blog is superb and one that I read several times a week.  Check it out by clicking here.  The article I wrote was posted on May 3, 2010.  Thanks, Brian! Here it is starting with Brian’s introduction:

Occasionally, we have guest bloggers write on topics of interest that cross over into Ohio personal injury issues.… View Full Article → “How Injury Claims Are Treated In Divorce Court”

Contempt Remedies for Non-Compliance with Court Orders

Factual Scenario:  The Final Judgment and Decree of Divorce has finally been executed by the parties and has been filed with the Court.  But, alas, Husband finds that Wife is not willing to pay what he is supposed to receive from her; and Wife is not forthcoming in dividing the U.S. Savings Bonds that were acquired during the parties’ marriage; and she is refusing to convey to Husband certain household goods and furnishings as directed in the Final Judgment and Decree of Divorce.

What remedies does Husband have?

The Court does not have a “police force” or “private investigators” to monitor compliance with Final Decrees or Agreed Entries.  There simply is not enough money for the Court to examine whether or not former spouses are following the mandates of their Decrees.  In order for the Court to learn about a party’s non-compliance, the former Husband must file a Motion asking the Court to find his Ex-wife in Contempt of Court for her willful failure to comply with certain terms of the Final Decree or Agreed Entry.  … View Full Article → “Contempt Remedies for Non-Compliance with Court Orders”

In Camera Interviews of Children in Divorce Court

What is an in camera interview? The phrase “in camera” is a Latin term defined in Black’s Law Dictionary as: “In chambers; in private.”  The interview does not involve a camera or a videotape at all!  If a party is asking for the Court to have an in camera interview of a minor child, the request is for the Judge or Magistrate to interview the minor child privately with neither parent or his/her attorney being present.  An Appellate Court in Michigan said it very well years ago . . .

“A child custody determination is much more difficult and subtle than an arithmetical computation of factors.  It is one of the most demanding undertakings of a trial judge, one in which he must not only listen to what is said to him and observe all that happens before him, but a task requiring him to discern and feel the climate and chemistry of the relationships between children and parents.  … View Full Article → “In Camera Interviews of Children in Divorce Court”

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