Sexually Transmitted Diseases and Alimony Proceedings

Question Presented: Is it likely that one spouse would be granted an award of spousal support in a divorce for having been infected with a sexually transmitted disease (STD) by the other spouse?

Most states have spousal support/alimony statutes which list factors for the Court to consider when awarding spousal support.  Many of these statutes, such as Ohio’s statute, include in the list “any other factor that the court expressly finds to be relevant and equitable” or something similar to this. Using this factor, courts do have the authority to consider the contraction of an STD between spouses when awarding spousal support.  In many cases in which one party to a marriage contracts an STD, it is the result of an extramarital affair.  The other party is then infected with the STD through continued sexual relations between the spouses.  Obviously, there may be significant proof problems associated with establishing the origin of the STD.… View Full Article → “Sexually Transmitted Diseases and Alimony Proceedings”

The Importance of a “Correctly Completed” Affidavit of Financial Disclosure

The Affidavit of Financial Disclosure (or a Financial Affidavit) is a very important document in domestic relations, especially in divorce matters.  If you are pursuing an agreed upon dissolution of marriage (instead of a divorce), the Financial Affidavits are required, but they are not nearly as important as in divorce actions.  In dissolutions, the Financial Affidavit establishes the required disclosure of all assets and liabilities which is the foundation for any dissolution. Also, in a dissolution, since the parties have everything settled between them, any issues regarding what Husband earns or what Wife earns are largely irrelevant because the parties have already determined which party will be paying child support and/or spousal support (alimony) and the amount thereof. The Court is not likely to interfere with those agreements.

In a divorce, which is an adversarial proceeding, one party may be requesting spousal support and/or child support.  In Montgomery County, Ohio, it is especially important to complete the Affidavit of Financial Disclosure because the Court relies upon that information when issuing its Temporary Order for Custody and Support.  … View Full Article → “The Importance of a “Correctly Completed” Affidavit of Financial Disclosure”

When Your Ex Opts Out -Talking to Your Children When Your Former Spouse Decides to Not Parent

Consistently, one of my favorite blogs is Michael Mastracci’s Divorce Without Dishonor Blog. Mike is an excellent attorney from Baltimore, Maryland. His own difficult and acrimonious divorce and child custody battle led to his personal interest in collaborative family law.  Both attorneys and clients should include his blog on their frequent read list. Mike regularly espouses ethical, moral and philosophical standards that we should aspire to meet. I have personally and professionally been a proponent of child welfare issues for over 30 years. So, when I read his recent post about “When Your Ex Opts Out – Talking to Your Children When Your Former Parent Decides to Not Parent”, I had to ask Mike if I could have his permission to republish it. He kindly agreed. Here it is:

Although most divorcing couples deeply desire a relationship with their children after the marriage dissolves, there are exceptions to this rule. Sometimes, one of the newly divorced parents feels that their life would be easier or freer if not encumbered by their children.  … View Full Article → “When Your Ex Opts Out -Talking to Your Children When Your Former Spouse Decides to Not Parent”

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!”

Gift Ideas for the Newly Divorced! Some Tasteful and Well…Others Not So Much!

Over the past month or so, I have come across some interesting items related to post-divorce parties, celebrations and gifts.  In my opinion, some of them are respectable, others are pretty far out there, and a few are bizarre or just sort of crass. Different strokes for different folks, I guess.  Nonetheless, I will share some with our readers.

Perhaps this idea might appeal to the very “well-healed”.  How about celebrating your divorce with a memorable party in Tuscany, Italy? You bring your friends, and the vendor will take care of the rest. “We believe in love, and divorce is the very first moment your new life starts and opens to new love and happiness. Let us throw your divorce party in Tuscany with good food, wine, music and new ideas,” they say. Imagine you and your friends jetting off for a leisurely trip to Italy.  A glass of Chianti wine will be there to welcome you.… View Full Article → “Gift Ideas for the Newly Divorced! Some Tasteful and Well…Others Not So Much!”

Sudden Divorce Syndrome: Reality or Myth?

I am pleased that Donna Ferber, a psychotherapist and a frequent contributor to the Ohio Family Law Blog has agreed to co-author this article with me! Our goal is to present both the legal and emotional perspectives of a trend that we are seeing in our professional practices: long term marriages ending by divorce when the wife has come to the conclusion that she has just “had enough” and that the husband is seemingly caught “blindsided” by the situation. The intent of the article is not a male versus female point and counterpoint, but rather a collaborative discourse that can provide insight into the complexity of the issues.

My legal analysis is in regular black font and Donna’s perspective as a psychotherapist is in blue italics…

Having been a divorce lawyer for over 30 years, I see recurring themes in many of my cases.  Statistics show that there will be about a million divorces in the United States this year.  … View Full Article → “Sudden Divorce Syndrome: Reality or Myth?”

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