Divorce: Time to File Now and Attempt Negotiations Later!

Four Common Reasons Why A Spouse Will Initiate A Divorce

divorceIn the arena of family law, also known as domestic relations law, there are occasions when negotiations take place with the hope that a dissolution of marriage might result or a “non-contested” divorce action might ensue.  These negotiations are intended to achieve settlement of disputed issues and to avoid the very costly and emotionally consuming action of a “contested” divorce.  But, while trying to negotiate settlement of certain issues, there are times when it becomes apparent that a divorce proceeding must be filed forthwith.  This article shall address those times when it is imperative to end negotiations and file the Complaint for Divorce.  I shall address common fact-situations that should trigger the filing of a divorce proceeding:

  1. The primary causative reason to file a Complaint for Divorce is when you have a situation with a very financially advantaged spouse (with high income) and a financially disadvantaged spouse (with little to no income).  With these circumstances, it might be necessary to initiate the divorce proceeding in order to get a temporary order of spousal support and/or child support.  If the party with the high income decides to stop paying bills
… Read More... “Divorce: Time to File Now and Attempt Negotiations Later!”

International Custody: A Hague Convention Case Dispute

Supreme Court Renders Decision in International Custody Case, Chafin v. Chafin

international custodyThe international custody case of Chafin v. Chafin was previously discussed in our Ohio Family Law Blog article of October 6, 2012. (“Child Custody Dispute to be Decided By the U.S. Supreme Court”)  The Father in this case is a citizen of the United States and an active duty member of the United States Army.  The Mother is a citizen of Scotland and she presently has custody of the parties’ minor daughter, Eris Chafin.  Mother and Daughter have been living in Scotland since October 2011.

The procedural/factual history of this international custody case is as follows:

  • The parties married in March 2006 while Sgt. Chafin was stationed in Germany.  Eris Chafin was born the following year in 2007.  While Sgt. Chafin was deployed to Afghanistan for 15 months in 2007-2008, Mother moved with the minor child to her native Scotland.
  • Father was subsequently reassigned to an Army base in Alabama in early 2009.  Later that same year, the parties decided to reconcile and Mother and Eris moved to Alabama to live with Father.
  • In May 2010, Husband/Father filed a Complaint for Divorce in the Circuit Court of
… Read More... “International Custody: A Hague Convention Case Dispute”

Marriage: Don’t Ignore the Legal Requirements Before Getting Married, Plan Ahead!

Requirements Can Be Different In Each State For Obtaining A Marriage License

marriageAs I have done in the past, I am utilizing the experience of a family member, my son, as the basis for this family law blog article. He and Renae have been engaged for less than a year and they decided that they would like to “tie the knot” on New Year’s Eve 2012. Unfortunately, they had not looked into the marriage laws of Illinois (where they live) or of Ohio (where both used to live and where their families live) to determine the requirements for obtaining a marriage license.

On December 31, 2012, my son went to the Probate Court of Boone County, Illinois to obtain a marriage license. The Court was not open due to their holiday schedule so obtaining a license that day was impossible. Even if the Court had been open, the State of Illinois has a one (1) day waiting period between obtaining a marriage license and the date the ceremony can be performed. So, even if he had been able to obtain a marriage license that day, the marriage could not have taken place until the following day, January 1, 2013.

Next, … Read More... “Marriage: Don’t Ignore the Legal Requirements Before Getting Married, Plan Ahead!”

Paternity Issues: When A Child Is Born During A Separation

What Is The Dilemma Posed When a Child Born During a Marriage is not “Issue” of the Marriage?

paternityFactual Scenario:

John and Jane Doe have a six-year marriage and no children.  They have come upon difficult times in their marriage.  They are encountering financial difficulties and are literally living from paycheck to paycheck.  John is drinking more than usual to cope with the financial difficulties of the family.  Both are worried about the security of their positions of employment.  They decide to separate to determine if their marriage can be salvaged or if they should terminate their marriage by divorce or dissolution.

Both parties begin to date other persons during their separation from one another.   Jane becomes pregnant with her “boyfriend’s” child.  The boyfriend, Jeff, feels as though he was trapped into an unwanted and unplanned pregnancy and breaks up with Jane.  Jane decides that she wants to try to reconcile with her husband, and they do reconcile and begin living together again as Husband and Wife.  Six months later, a child is born and is named Aiden Doe.  Because Aiden was born during the marriage of John and Jane Doe, he is presumed to be born as “issue” of … Read More... “Paternity Issues: When A Child Is Born During A Separation”

Children Services In Dayton, Ohio: Haines Children’s Center

Learning More About the Children Services Division
of the Department of Job And Family Services of Montgomery County, Ohio

child servicesOn Thursday, October 18, 2012, I had the opportunity to visit the Haines Children’s Center located at 3304 North Main Street, Dayton, Ohio, to meet with Ann Stevens, Public Information Coordinator of the Montgomery County Department of Job and Family Services, and Geraldine Pegues, Assistant Director of the Children Services Division. My mission was to learn more about the agency and the services it provides to the community so that I could complete a Family Blog Article for publication on the Ohio Family Law Blog.

The Haines Children’s Center, completed in 2001 and named in honor and memory of now-deceased Sheriff Gary Haines, is located on the grounds of the former Shawen Acres, the site of ten (10) cottages which was one of the first children’s homes in Ohio. The cottages, built in 1926/1927, are now being razed with plans to have some green space and park services available for the North Main Street Community. Ms. Stevens was quick to point out to me that the slate tiles from the cottages are being salvaged and saved to be used for … Read More... “Children Services In Dayton, Ohio: Haines Children’s Center”

Child Custody Dispute to be Decided By the U.S. Supreme Court

Active Military Members Fight For International Child Custody In The United States Courts

child custodyJeffrey Lee Chafin v. Lynne Hales Chafin

Docket 11-1347

Facts of the Case:

  1. Jeffrey Lee Chafin, a citizen of the United States and an active duty member of the United States Army, is the biological Father of Eris Chafin, now five (5) years of age.
  2. Lynne Hales Chafin is a citizen of Scotland and the biological Mother of Eris Chafin.
  3. The parties met in 2005 while Father was stationed in Germany and married in March 2006 in the country of Scotland.  Eris Chafin was born in 2007 while Father was still stationed in Germany.  Eris is considered to have dual citizenship as a citizen of the United States and as a citizen of Scotland.
  4. Sgt. Chafin was deployed to Afghanistan for fifteen (15) months in 2007 and 2008.  During that period of time, Mother and the minor child lived in her native country, Scotland.  When Sgt. Chafin returned to Germany from Afghanistan in 2008, the parties decided to remain separated from one another.
  5. When Sgt. Chafin was transferred to Redstone Arsenal in Huntsville, Alabama, in early 2009, Wife/Mother and Eris joined Father and moved to Alabama
… Read More... “Child Custody Dispute to be Decided By the U.S. Supreme Court”

Bankruptcy Reflections by Several Recent Divorcés

What You Need To Know Before Filing For A Personal Bankruptcy Action

bankruptcySince the beginning of the recent housing crisis, I have had the experience of working with clients who have fallen behind with mortgage payments which resulted in the mortgage lender filing a foreclosure action with the Court.  This course of events often leads to the filing of a personal bankruptcy action to discharge the mortgage indebtedness.  In order to get the information to write this article, I chose to interview my son, who will be known as CS, and a divorce client, who will be known as RP.  CS and RP have some commonalities:  (1) both had experienced a divorce proceeding; (2) both had experienced a decline in the value of their homes causing them to be “upside down”; and, (3) both of them had support obligations (child support or spousal support) resulting in each having less disposable income with which to pay their monthly mortgage payments.   Having a house be “upside down” simply means that the amount of the mortgage balance is far greater than the actual fair market value of the home.  Both men filed a Chapter 7 Bankruptcy proceeding resulting in the complete discharge of … Read More... “Bankruptcy Reflections by Several Recent Divorcés”

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