The War of the Wives: Is it Time to Disarm?

No relationship is more maligned in our culture than that of first wives and second wives. While we make fun of mother-in-laws, many admit to having wonderful fulfilling relationships with their M-I-L. Not so with the “Ex” and the “Next”. Judged as guilty before even tried, these women are pitted against each other by circumstance. Stereotypes abound; the first wife was a “crazy nagging bitch” and the second one “a cheap slut”!

Unfortunately, these stereotypes often eclipse the potential for a positive relationship; these women are preprogrammed not to like each other by societal misconceptions. In truth, had these women met under different circumstances they might have been friends. Yes, I know there are situations when “friendship” is impossible: for example, when the second wife was once your “best friend” and slept with your then-husband or the first wife is out of control with rage and is stalking you. We have all heard many horror stories.… View Full Article → “The War of the Wives: Is it Time to Disarm?”

Parenting Time Suspension for Bad Behavior

Parenting Time Suspension can occur when a parent’s bad behavior gets in the way of the child’s best interest.

“Children must be considered in a divorce, considered valuable pawns in the nasty legal and financial contest that is about to ensue.” – P.J. O’Rourke

The truthfulness of O’Rourke’s statement cannot be more evident. Children going through a divorce are often caught in the middle of two parents at war. They can be fighting about money, parenting time, adultery committed, or even about why the toilet seat was once again left up. Although this fighting in and of itself can be a traumatic time for a child caught in the middle, the worst of the fighting results when a parent uses his or her children to hurt the other parent.

In a case in Montgomery County, Ohio, recently affirmed by the Second District Court of Appeals, the Court decided that it was time to show parents that bad behavior can result in a suspension of parenting time.… View Full Article → “Parenting Time Suspension for Bad Behavior”

Grandparenting Styles: Taking the Quiz

Grandparenting Styles: Impressions By a Dayton, Ohio, Divorce Lawyer

It was truly a memorable Christmas. In the past we have usually managed to get the “family” together in Dayton, Ohio. But this year I locked the door of my law office; and my wife and I flew to Dallas to be with our son, daughter-in-law and our first grandchild – Hannah. We were fortunate enough to have been able to travel from Dayton, Ohio, to Texas to be in the hospital when Hannah was born five (5) months or so ago, but we haven’t visited in person since.

I wish we lived closer. Dayton and Dallas are a long way apart. Being proud parents (and now grandparents) we are thankful for all the photos, videos and texts we have received showing Hannah’s growth, almost on a daily basis. Hannah’s Mom and Dad have great jobs and have established a wonderful life there together.… View Full Article → “Grandparenting Styles: Taking the Quiz”

Postnuptial Agreements — Are they Valid in Ohio?

PUBLISHER’S NOTE:

Finally Ohio has joined 48 other states and is now permitting postnuptial agreements to be executed and recognized. This is extremely significant news for married couples in Ohio! Click the following blog articles about this law change. Also, please see our new Postnuptial Agreements help page by clicking here.

  • “Now That Postnuptial Agreements are Legal in Ohio, Might One Make Sense for You?”
  • “Postnuptial Agreements Will Soon Become Legal in Ohio”

Did not make a Prenuptial Agreement, Are Postnuptial Agreements allowed?

I am often asked whether a couple that never got around to executing an antenuptial (or prenuptial) agreement before they got married can execute a postnuptial agreement after the marriage ceremony. The answer varies greatly from state to state, and it is important to get an answer from an advisor familiar with the laws of the state in which the couple is residing.

Does Ohio Allow  Postnuptial AgreementS?

In Ohio, the answer is clearly “no”.… View Full Article → “Postnuptial Agreements — Are they Valid in Ohio?”

Divorce and The Christmas Story

Reconciling Divorce with the Holidays

How The Christmas Story relates to Divorce

Many of us associate the holidays with certain fond memories or warm feelings. It’s a time of year when many people make an extra effort to get together with family and friends. We often reconnect with relatives, spend extra time with our children, open presents, share great meals, sit around a fireplace, laugh, return gifts, watch football, nap, and hopefully get to see it snow.

Whether we attend church regularly or not, statistics show that the majority of us also make sure to attend a church service at Christmas time. During most Christmas services we sing hymns and carols, light candles, smile and say hello to lots of people we may not know, and we are reminded of the “reason for the season”…the birth of Christ, or The Christmas Story as we sometimes call it.

The Christmas Story.

When we hear those words, I am sure that many images quickly come to mind.… View Full Article → “Divorce and The Christmas Story”

FINANCIAL AFFIDAVIT – WHEN YOUR SPOUSE LIES

My Spouse “Lied” on His/Her Financial Affidavit

Lies and Misrepresentations on the Financial Affidavit in Ohio Divorce Actions

In Ohio, when a divorce proceeding is initiated, the Plaintiff files his or her Complaint for Divorce along with his/her Financial Affidavit and other pleadings. The Financial Affidavit, a “sworn” statement made under oath disclosing the incomes, assets, liabilities of the parties and the monthly expenses of the Affiant. The Financial Affidavit, also called the Affidavit of Income and Expenses, is a very important pleading, as it provides the filing party the opportunity to request (1) temporary custody of the child or children, (2) temporary child support, and/or (3) temporary spousal support during the pendency of the proceeding. This Financial Affidavit is also the pleading that is relied upon by the Court in determining the amount of temporary support (child and/or spousal support). Accordingly, if the Plaintiff “lies” or “misrepresents” the incomes or earnings of either party, the resultant Temporary Order of Support may be improper and unduly burdensome to the Obligor (person ordered to pay support).… View Full Article → “FINANCIAL AFFIDAVIT – WHEN YOUR SPOUSE LIES”

Thinking About Staying In Your Marriage For The Benefit Of The Kids?

Over the years Gregory Ramey, Ph.D., who is a local child psychologist and vice president for outpatient services at the Children’s Medical Center of Dayton, has allowed us to republish many of his “Family Wise” articles from the Dayton Daily News.  He included an interesting question and answer in his column published in the Dayton Daily News on Sunday, August 28, 2011, that caught my attention.  Here is the question and Dr. Ramey’s answer:

Q:

My parents fight all the time.  I know they are only staying together two more years until I leave for college.  I hate being at home.  Should I tell them to get a divorce?

A:

Whether your parents stay married is their decision, not yours.  It’s inappropriate for you tell them to get a divorce, but you should discuss the impact that the family turmoil is having on you.  Don’t pick sides, offer advice or threaten them in any way.  … View Full Article → “Thinking About Staying In Your Marriage For The Benefit Of The Kids?”

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