Bankruptcy In Post-Divorce: Hire An Attorney Before You File!

An Interview with Mr. Cris Shale relative to his thoughts Post-Bankruptcy/Divorce

Valuable Advice For Others Facing The Same Bankruptcy Dilemma Post-Divorce

Several years ago, I posted an article to the Ohio Family Law Blog about my son and one of my clients who had both elected to file a Bankruptcy proceeding following a divorce and following a marital residence being “upside down” with the total mortgage liability.  In layman’s terms, the value of the marital residence, as appraised, was way below the mortgage indebtedness associated with the home.  Cris, with a high child support obligation and other associated bills, could not afford to keep the mortgage current on his former marital residence.  So, he sought counsel and filed a Chapter 7 Bankruptcy.

Before meeting with Cris, I sent to him several questions to stimulate our Bankruptcy discussion:

  • Were there any negative outcomes or effects from taking the Bankruptcy?
  • Were there any positive outcomes or effects from taking the Bankruptcy?
… View Full Article → “Bankruptcy In Post-Divorce: Hire An Attorney Before You File!”

FOMO: Does it Impact Decisions to File for Divorce?

The Role FOMO (Fear of Missing Out) Plays Out In Daily and Family Life

Technology has created a glut of new words and expressions. It also has “repurposed” old words; a mouse is no longer just a rodent in my basement. A crash is not a vehicular accident, a chip is not just used for scooping up onion dip and a pad is not just a monthly required feminine product.

Electronic communication has also introduced us to a wave of new acronyms. LOL, ROFL, OMG, BRB were sprinkled through our e-mail and now are a standard in texting. Those initialisms (another new word I recently learned) have entered into our face to face conversations and are a part of our lexicon. Since I don’t Tweet, Snap, or Facebook, I admit I am lagging in current vocabulary updates.

Then an acquaintance confided she attends church weekly because she has FOMO. For those of you who are, like me, lagging in social media jargon, I will decode.… View Full Article → “FOMO: Does it Impact Decisions to File for Divorce?”

Divorce on Your New Year’s Resolution List?

If a Divorce is on Your New Year’s Resolution List, Consider this First…

Seven Tips for Dealing with Family Issues During the Holidays from Texas Divorce Attorney Richard C. Price

I was pondering a list of various topics for this blog article. I wanted to publish a strong blog article to start 2015. I started a couple and even finished one that wasn’t honestly that memorable. So I decided to hold that one in the “bank” for another less important time of the year. The start of any new year is an obvious time for reflection and to take an inventory of our blessings and shortcomings.

To start the year, I wanted to post an article encouraging people experiencing marital problems to take certain steps before going the divorce route.  I drilled into the extensive archive of blog articles written by my colleague and acclaimed Texas lawyer, Dick Price, for inspiration.… View Full Article → “Divorce on Your New Year’s Resolution List?”

Divorce Assets In Ohio – Survivorship Benefits For Spouse

What Happens in Ohio if a Divorcee Dies Before Transferring Property or Assets as Divorce Court Ordered?

How Assets are to be Divided After the Passing of a Spouse During the Divorce Decree

The question was recently  posed to me as to what happens if, after a valid and enforceable Decree of Divorce, Dissolution or Legal Separation is filed, one of the spouses or ex-spouses dies before the division of assets can be fully completed.  Does the ex-spouse or spouse still retain an interest in an asset that has been released by the Court Order?  Two possible scenarios may arise, and each will be addressed separately.

Husband Passes First:

Let’s address the situation when the husband passes first.  What about those assets in which wife released or no longer had any interest, yet she remains either a beneficiary or a joint survivorship owner when husband dies?  By operation of law, you would think that those assets would pass to her regardless of the Court Decree, but a quick look to Ohio statutory law helps answer this question.  … View Full Article → “Divorce Assets In Ohio – Survivorship Benefits For Spouse”

Military Divorce Rate Climbs – Are Multiple Deployments at Fault?

Recent Study Reveals Increased Length In Deployments Will Increase The Risk Of Military Divorce

A recent study conducted by the RAND Corporation with the Department of Defense sponsorship found that increased length in deployments will increase the risk of divorce.  The study goes into detail regarding marriages originating prior to and after the September 11, 2001, attacks.  The study found that couples who married prior to the attacks and had one of the spouses deployed to Iraq or Afghanistan were over 20% more likely to divorce than couples who married after the September 11 attacks.  The researchers conducting this study believed that this was likely due to the fact that couples who married after the attacks were better equipped to deal with the challenges of war.

Another study conducted in 2011 found that military divorce rates overall had an uptick from what they had been in the past.  This study found that from 2000-2011 the enlisted military divorce rate increased drastically from 2.9% to 4.2%, edging out the civilian rate of divorce. … View Full Article → “Military Divorce Rate Climbs – Are Multiple Deployments at Fault?”

Divorce: Addressing High Conflict Cases – Tips and Strategies

High Conflict Divorce Tied With High Conflict Personalities According To Therapists

On March 24th, 2014, I traveled from Dayton, Ohio to Mason, Ohio to interview Brenda Patton, Therapist, Parenting Coordinator, and Mediator for The Counseling and Cooperative Parenting Center of Ohio, LLC, also known as “CCPC – Ohio”.  Initially, I was interested in interviewing a spokesperson of this Parenting Center as they were a “private” entity providing supervised visitation or supervised parenting time for families in Montgomery, Warren, and Hamilton Counties. When I learned that the service of supervised visitation had been discontinued in July 2013, I explored other topics of interest. When Ms. Patton advised me that the Center was interested in working with “high conflict” divorce matters, my interest was piqued.

What is a “high conflict” divorce matter?  Ms. Patton defined it as being cases that have a “revolving door” relationship with the Domestic Relations Courts. They are the cases that are never resolved or settled.  … View Full Article → “Divorce: Addressing High Conflict Cases – Tips and Strategies”

Divorce Rates on the Climb as the Economy Recovers

Recent Spike In Divorce Rates Tied To Economy Study Suggests

Interestingly, while the total number of new cases filed in Ohio in 2012 hit a 10-year low, the same cannot be said about divorce actions.  Ohio has seen a recent spike in divorce after a steady decline for the past decade.  To get a better grasp on why this is occurring, we must first look at the statistics of divorce in the Greater Dayton Area and Ohio in general.

In Montgomery County, according to the Ohio Department of Public Health, the 2010 divorce rate was 65.2 per 100 marriages. The 2009 rate was 60 per 100, and the 2008 was 53.5 per 100.

Comparing Montgomery County to the rest of Ohio in 2010, Montgomery County had a rate of nearly 10 marriages per 100 higher that ended in divorce. (Ohio’s 2010 rate was just over 50 per 100).

A recent divorce study found that nationwide, divorces often increase with the economy.  … View Full Article → “Divorce Rates on the Climb as the Economy Recovers”

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