Ohio Revised Code (”ORC”) Sections 3117.01 through 3117.08 are the specific statutes governing the conciliation process in the State of Ohio. Black’s Law Dictionary reflects that the word “conciliation” is derived from French law wherein it was/is the formality to which intending litigants are subjected in cases brought before a Judge. The Judge convenes the parties and endeavors to reconcile them. Should the Judge not succeed, the case proceeds to trial.

In the Domestic Relations Court of Montgomery County, Galen Curry is the person who is “in charge” of the conciliation process. On Thursday, November 6, 2008, I had the opportunity to meet with Galen Curry to learn about his role in a conciliation proceeding. Ohio Revised Code Section 3117.03 provides for the appointment of one or more conciliation counselors in counties having a population over one hundred thousand according to the latest federal census.

As the conciliation counselor, Galen Curry does the following:

A.  

Confers with parties involved with each conciliation proceeding and makes recommendations to the assigned conciliation judge.  (In Montgomery County, Ohio, Judge Denise Cross and Judge Judith King are the conciliation judges.)

B.   

Holds hearings in conciliation cases.

C.   

Causes statistics to be compiled, reports to be made, and records to be kept regarding same.

D.   

Provides such other assistance as may be relevant to the work of the court in conciliation.

To prepare Galen Curry for his role as a conciliation counselor, he has a bachelor’s degree in sociology and over nineteen years of working with the Juvenile Court of Montgomery County in the Juvenile Detention Center. As such, he has years of work experience in counseling youths and their families. In addition to the foregoing, Mr. Curry has completed a course in Basic Mediation and a specialized course in Mediation in Divorce and Dissolution Proceedings. He has been the conciliation counselor since April, 2004, when he was selected to replace Ted Fields who was retiring from the Court.

Ohio Revised Code Section 3117.05 sets forth the information that is to be included in a Petition for Conciliation. The Petition may be filed by either or both parties in an action for Divorce, Dissolution, or Legal Separation. One party is or both parties are asking for assistance from the Court in trying “to preserve the marriage by effecting a “reconciliation” or “to amicably settle the controversy between the spouses” with the goal of avoiding “further litigation over the issues involved”. The statute also provides that “no fee shall be charged for filing the Petition”. Accordingly, the parties are allowed a “free bite of the apple” in trying to preserve their marriage and keeping their family intact. When a Petition for Conciliation is filed with the Court, the parties are provided with an opportunity to focus upon the conciliation or salvage of their marriage.

The conciliation counselor advised me that when he is presented with a Petition for Conciliation, he immediately sends to each party a letter or notice advising them of the time and place for the initial meeting or hearing to take place. The conciliation sessions normally take place in the Conference Room (Room 250) of the Domestic Relations Court. Mr. Curry says that it is his practice to meet initially with the party who has filed the Petition for Conciliation to get that party’s rationale for trying to salvage the marital relationship. He next meets with the party who is responding to the Petition for Conciliation to learn how that spouse is reacting to the present status of events. If acceptable to both parties, he will then meet with both parties to see if reconciliation is indeed possible as perceived by the parties. Mr. Curry advised me that he normally schedules a two-hour session for the initial conciliation hearing.

If the parties seem to be open to or moving toward reconciliation, the conciliation counselor can schedule additional sessions with the parties with the approval of the assigned conciliation judge. Also, if the parties are amenable to marital counseling, they may be referred to private marriage counselors or to a community agency such as Marriage Works! Ohio located at 2201 North Main Street, Dayton, OH 45405-3528.

In terms of statistics and record keeping, Galen Curry advised me that fifty nine (59) Petitions for Conciliation were filed in calendar year 2007. Of that total number, thirty three (33) couples were successful in reconciling their marriages for a success rate of fifty six (56) percent. The conciliation counselor for this County appeared to me to be an active and avid advocate in trying to save marriages and keeping families intact. He repeatedly stated to me that so many of the juveniles with whom he worked in the Juvenile Detention Center were children of “broken” homes and families.

During the interview, I asked Mr. Curry about the “best part” of his job. He proudly showed me a “thank you” card from parties of a long-term marriage (60 years) wherein the parties had just stopped communicating with one another. The Wife moved from the marital residence to the home of one of the parties’ adult children and divorce proceedings commenced. The Husband’s Petition for Conciliation caused the Wife to believe that Husband did indeed care for her. With the able assistance of the conciliation counselor, the parties salvaged their long-term marriage.

I believe the Conciliation Process to be a very valuable one for Montgomery County, Ohio, and for all of the citizens of this State.

You may not be aware that, years after you have prepared a separation agreement, it may have a direct bearing on whether your clients are covered under their auto or homeowners’ insurance policies in a variety of accident scenarios.

Here’s a typical scenario. Months or years after Mom and Dad are divorced, one of them hands the car keys to “Junior,” who negligently wrecks the car and injures another motorist. One or both parents, thinking that Junior is covered under their auto policy, turn the claim into their insurer, only to be shocked that the insurance company denies the claim.

There are two principal reasons why the claim might be denied: Junior is not a “named insured” or a “resident relative” under the policy. If the denial holds water, Junior and perhaps his parents may be exposed to personal liability, and the distinct prospect of bankruptcy. The question is: Is there anything the divorce attorney can do to ensure or increase the likelihood that minor children will be covered in a future accident under one or both parents’ insurance policies?

This accident scenario has been frequently litigated. Courts examining this issue have focused on what constitutes “residing” with a particular parent for purposes of satisfying the “resident relative” requirement of the insurance policy. One factor courts will examine is the language of the divorce or dissolution decree or separation agreement. For example, if the agreement provides that the minor “alternately resides with each parent under a custody or visitation arrangement,” it may carry persuasive weight as to whether the minor was a resident of one or both homes.

In situations where the insurance policy did not define the term “resident,” courts have also considered an ordinary definition of that term as “one who lives in the home of the named insured for a period of time of some duration of regularity, although not necessarily permanently, but excludes a temporary or transient visitor.” Indeed, under this definition, courts have recognized that the concept of a minor’s “dual residency” is a frequent reality in shared parenting plans (especially for school purposes).

It is not uncommon these days, with flexible parenting agreements for a child to have access to both parents’ vehicles in their separate homes. The divorce attorney is, therefore, in the unique position to take some simple steps to ensure potential coverage for future accidents. Obviously, one step is to make explicit in any written agreement that the minor will be considered a resident of both homes.

Secondly, due diligence might dictate that the attorney apprise his/her clients of the possibility that minors might not be covered for any future accidents, and advise them to contact their insurance agent about adding the minor as a named insured under the policy.

Insurance coverage issues like these constitute a unique intersection of domestic relations and personal injury law. Unfortunately, minors causing accidents and coverage disputes are a recurring scenario, given the frequency of divorce, and the propensity of inexperienced minor drivers to cause accidents (we need only look at our insurance premiums as evidence of this fact). They can also burden families with dire financial consequences if it is determined that there is no insurance coverage for the harm caused by the minor driver.

But with a little foresight and advance planning, you just might be able to protect your clients by ensuring that their insurance policy will protect them if “Junior” makes a driving mistake. If that happens, your clients will no doubt appreciate your good lawyering.

Brian R. Wilson is the publisher of The Bull’s-Eye Blog and the author of two books, “How to Buy Car Insurance in Ohio to Protect Your Family” and “Your Ohio Accident . . . And How You Can Level the Playing Field.” To go to his blog, click here.

I want to wish everyone a most joyous holiday season!

This is an appropriate time to reflect upon memories of past Christmas celebrations and traditions. In our family, we were very involved with a Christmas project providing gifts for needy children for many years while our sons were growing up. As a family, we spent countless hours working at the Center. We have tried to instill upon our family the importance of sharing and helping others. It is too easy this time of year to become consumed by all the shopping, decorating, numerous errands and superficial things. Focus can be lost on real matters of consequence, such as the meaning and importance of family. Regardless of one’s religious convictions, this is an excellent time to reflect upon our core values and aspire to do what we each can to make the lives of others around us better, even if it is in some small seemingly insignificant way.

Family issues are obviously important, both personally and professionally. Much of my professional life is spent with clients discussing family and marital issues. In my conferences with clients, I often find that many have obtained bad or erroneous information from family, friends or other sources. That is why, in part, I decided to launch the Ohio Family Law Blog a year ago.

Many Divorce and Family Law Blogs across the country concentrate narrowly on divorce advice. I have endeavored to “look outside the box” and provide a much broader array of information. People whose marriage may be going through a difficult time should have access to balanced information. Parenting is tough. It can cause stress in a marriage. Thanks to guest contributor, Dr. Gregory Ramey, PhD., I have been able to include on many occasions his practical and sage advice on parenting issues. I have also posted many articles which, in one way or another, deal with the impact of our poor economy and related financial concerns on a marriage. Money issues can be a huge stressor in many marriages.

The last year has been an exciting and enjoyable one for me! I have learned a lot about “blogging.” Many of the lawyers across the country who publish family law blogs have offered great advice and served as an inspiration. I am looking forward to 2009 and continuing to try to publish the best family law blog in the land. If you have topics for me to consider including, I would love to hear from you!

I would be remiss not to thank Mike Reinemann, the best webmaster in cyberspace, for all he does to keep our firm’s website and blog professional, unique and rich with great imagery! Officially, “thanks Mike”!

Aaron Hill is a third year student at the University of Dayton School of Law, externing at Holzfaster, Cecil, McKnight & Mues.

Have you discussed with your significant other how the household finances will be managed? This is an often overlooked question that newlyweds fail to discuss. Among other reasons, “money problems” are cited as one of the leading reasons for divorce. It is, therefore, paramount for couples to share a similar outlook on money matters before they get married.

Communication and Compromise are the Key

Communication and compromise are the keys to any successful relationship. Couples who discuss what their financial goals and responsibilities are before they get married are starting their marriage on the right foot. It is crucial for the couples to sit down and communicate both long and short term goals. Short term goals include who is going to be responsible for paying the bills, handling the investments, or whether to establish joint banking accounts. Long term goals can include having children and how many, when to retire, and what kind of lifestyle to lead. When couples communicate these long and short term goals, their relationship is much more likely to succeed. When couples do not see eye-to-eye on any of these goals, reaching a compromise can help alleviate tension caused by these financial decisions.

Is Money the Culprit?

Money is one of the most common cited reasons for divorce. However, it can be argued that it really masks deeper flaws in a marriage. Money can cause a great deal of friction in a relationship. These frictions include not having enough money to spending too much of it. It boils down to managing what money you have. However, these frictions can often be traced back to deeper problems in a relationship. According to Olivia Mellan, a therapist who specializes in helping people with money problems, “It’s always what the money represents: dependency, control, freedom, security, pleasure, self-worth…” Often when financial arguments erupt between couples, they end up being fueled by problems other than money. Those problems can be a lack of trust, a need for control, an inability to compromise, or a lack of communication. If these larger problems can be identified, then they will be less likely to manifest themselves through the facade of “financial problems”.

Consider a Prenuptial Agreement

There are two major stereotypes that surround the idea of a prenuptial agreement. The first is that they are only for the rich and the famous. The second is that they are cold, mechanical devices that are based on the presumption of your marriage becoming a failure. The reality is that most young couples getting ready to get married do not need to bother with a prenuptial agreement, because they bring little to no assets to the marriage. However, prenuptial agreements are also not reserved only for the Hollywood stars. If you expect an inheritance, have a trust fund, or own a business, it can be important to protect those assets if your marriage ends in divorce. Also, if you are entering into a second marriage, you can ensure that your children of the first marriage will not lose their inheritance to a divorce. Although no one likes to marry and plan for divorce, prenuptial agreements can prevent a messy divorce, as well as save time and money.

Even though money is a popular reason for divorce, it can be prevented by communication and compromise. Make a financial plan before the marriage. It can lead to a happier and healthier marriage. A link to an article on this subject is at MSN Money Matters, written by Liz Pulliam Weston, including more from therapist Mellan can be found by clicking here.

Reader’s Question: I have seen my 7-year-old daughter every other weekend since I divorced her mom two years ago. My daughter’s behavior with me is absolutely horrible, to the point where I now dread her coming over. My ex-wife is a real pain and a terrible mother, so I really can’t speak with her about our daughter. Any ideas on what I can do to get my daughter’s behavior under control?

Dr. Ramey’s Answer: Stop whining about your ex-spouse. You can’t solve this problem without talking with your ex-wife. Regardless of whatever may have happened during your marriage and divorce, you need to put the love of your child ahead of your feelings toward your ex-spouse. If your daughter’s mom is unwilling to talk with you directly, ask if she would be willing to go with you to a child therapist to help deal with your daughter’s problems.

These youngsters are among the saddest I treat because most of these problems are caused by selfish and immature parents.

Reprinted by permission from the November 16, 2008, edition of the Dayton Daily News, “For your child’s sake, work with ex-spouse”, Family Wise, Gregory Ramey, PH.D.