Robert L. Mues, Author at Ohio Family Law Blog

Blast From The Past: Dissolution: Out with the Old, in with the New?

PUBLISHERS NOTE: Here is one of my favorites posts about Ohio dissolution proceedings from back on October 22nd, 2016! The advice rings as true now as it did thenWe have a ton of interesting articles in our archives of the Ohio Family Law Blog. Use our Search tool and enjoy a few oldie but goodies!

Marriage Over and Thinking Divorce? Important Information About Ohio Dissolution Proceedings

Do you and your spouse BOTH recognize that your marriage is emotionally and all but officially over? Have you been procrastinating moving forward with dissolution and terminating your marriage? Not a pleasant decision, but sometimes a necessary one. Well, there is still time to accomplish and complete that objective around the first of the year.

Ohio Law permits the filing of both divorce and dissolution actions. Before filing you really should know the basic differences. The primary distinction between divorce and dissolution is the amicable nature with fully agreed upon terms in a dissolution proceeding. In dissolution, both parties must agree to every aspect and term in the final agreement, down to the last penny. Various pleadings are prepared and signed by both parties and submitted to the Court for approval. To be … Read More... “Blast From The Past: Dissolution: Out with the Old, in with the New?”

Navigating Health Insurance During a Divorce in Ohio

What Ohio divorce health insurance options are available?

Securing Your Future: Ohio Divorce Health Insurance Options to Consider

Going through a divorce comes with many challenges, and it’s easy to overlook some important details amidst the emotional and legal complexities. One critical factor that often gets sidelined is health insurance. Understanding how your health insurance will be affected by the divorce is important, as it plays a significant role in your financial stability and well-being during and after the process.

Coverage During Divorce

Pursuant to Section 3105.71 of the Ohio Revised Code, during divorce proceedings, if you are covered by your spouse’s health insurance plan, then your coverage typically remains in effect until the end of the month in which the divorce is finalized. This provision is one of the Ohio divorce health insurance options that can offer peace of mind during a tumultuous time. Confirm the details of your policy, and any relevant court orders, as this will impact your coverage.

COBRA Coverage for Non-Insured Spouses

If you are a non-insured spouse relying on your partner’s employer-provided coverage, COBRA (Consolidated Omnibus Budget Reconciliation Act of 1985) may offer a temporary solution. COBRA allows certain employees, retirees, and family … Read More... “Navigating Health Insurance During a Divorce in Ohio”

Updates on “Castle Child” Legislation in Ohio

Ohio Castle Child Legislation Updates for disabled adult child support rights

Defining “Castle Child” Status in Ohio Castle Child Legislation Updates

Key Changes in Ohio Castle Child Legislation Updates for Families with Disabled Adult Children

Brief Background:

40+ years ago I had the pleasure to become acquainted with Julie Castle, her Mother Carla and Uncle Charlie. Julie was was nearly 14 years old when her parents Carla and Don were divorced in 1977. Mom received custody and Father, a tool maker, chose to have little contact with Julie, in part because she was mentally and physically disabled and could be difficult to control. Julie received Supplemental Social Security income benefits and very minimal child support from her Father.

I got to know Julie and started representing her Mother when Father sought to terminate his support obligation as Julie approached 18, even though cognitively Julie was similar to a 5 or 6 year old and totally unable to ever take care of herself. That arduous litigation took us through the Montgomery County Domestic Relations Court several times, the Court of Appeals and finally the Ohio Supreme Court in the summer of 1984. In Ohio at that time, there was a common law duty for parents to support a disabled child.

Most Courts … Read More... “Updates on “Castle Child” Legislation in Ohio”

Blast From The Past: Legal Separation in Ohio: What Does it Legally Mean?

PUBLISHERS UPDATE: Here is one of my favorites posts about legal separation from back on February 8th, 2020! The advice rings as true now as it did then. We have a ton of interesting articles in our archives of the Ohio Family Law Blog. Use our Search tool and enjoy a few oldie but goodies!

Everything You Need To Know About Legal Separation In Ohio [But Were Afraid To Ask!]

Ending a relationship can be frustrating. Likewise, understanding the process involved can be confusing. In Ohio, there are only three ways legally to terminate a marriage: divorce, dissolution, and annulment. While those three ways are the only methods to terminate a marriage legally, a couple can also seek what is known as a “legal separation.”

What is a legal separation?

Black’s Law Dictionary defines separation as “an arrangement whereby a husband and wife live apart from each other while remaining married, either by mutual consent (often in a written agreement) or by judicial decree.” A legal separation involves a court order where the spouses remain married but live separately. The court order allows the court to issue orders concerning division of property, spousal support, and visitation and … Read More... “Blast From The Past: Legal Separation in Ohio: What Does it Legally Mean?”

Divorce: What is the Purpose of Temporary Orders in an Ohio Divorce?

PUBLISHER’S NOTE: This blog about Ohio Civil Rule 75(N) temporary orders, is as meaningful today as it was when we originally posted it on May 8, 2021! We have a ton of interesting articles in our archives of the Ohio Family Law Blog. Use our Search tool and enjoy a few oldie but goodies!

Should I Request Temporary Orders In My Divorce Case? What Are Ohio Civil Rule 75(N) Temporary Orders?

When going through a divorce in Ohio, understanding Ohio Civil Rule 75(N) temporary orders is crucial. It seems there are often questions asked about the issuing of Temporary Orders in Ohio divorces. Ohio Civil Rule 75 (N) outlines the process. (Click here to read Ohio Civil Rule 75 (N)).

Temporary Orders are intended to maintain the status quo regarding finances and the children and their care. Like the name suggests, these are Court Orders intended to remain in effect for a limited amount of time – typically during the pendency of the action or until further Court Order. A Temporary Order may be requested in the Complaint, Answer, Counterclaim, and Financial Affidavit or by separate motion.

Although these orders are “temporary” they are still Orders of the court that … Read More... “Divorce: What is the Purpose of Temporary Orders in an Ohio Divorce?”

An Explanation of Ohio’s House Bill 636 – Expanding Marriage Rights in Ohio

Understanding the Impact of Ohio House Bill 636 Expanding Marriage Rights on Ohio Residents

Ohio has made significant strides in recent years toward inclusivity and equality, but the journey is far from over according to the sponsors of Ohio House Bill 636 expanding marriage rights, introduced in the Ohio legislature, aims to amend and enact various sections of the Ohio Revised Code to align state laws with federal mandates regarding same-sex and interracial marriages. It is aimed at modernizing Ohio’s legal framework and ensuring that all residents have the right to marry, regardless of race or sexual orientation.

The Goals of Ohio House Bill 636 Expanding Marriage Rights:

At its core, House Bill 636 seeks to eliminate outdated and discriminatory language from Ohio’s Revised Code. One of the most striking amendments is the removal of terms that define marriage strictly as a union between a man and a woman. Instead, the proposed legislation introduces more inclusive language that recognizes same-sex marriages. By doing this, the bill not only aligns Ohio with federal law and the legalization of same-sex marriage following the 2015 Obergefell v. Hodges case, but also reflects a more contemporary understanding of marriage and relationships.

Key

Blast From The Past: If I Make More Money Than My Spouse, Are Things Still Split 50/50 in a Divorce?

PUBLISHER’S NOTE: This blog is as meaningful today as it was when we originally posted it on March 3, 2023. We have a ton of interesting articles in our archives of the Ohio Family Law Blog. Use our Search tool and enjoy a few oldie but goodies!

Divorce Likely? The Dangers If You Do Not Have a Prenuptial Agreement or a Postnuptial agreement in Place

As a longtime Ohio divorce lawyer, reading the recent comments made by country music singer Kelsea Ballerini about her divorce from Morgan Evans caught my attention. Kelsea complained on a recent podcast that Morgan “took half the house he didn’t pay for” and other things as well. She was upset that Evans (also a country singer) wrote a song and was profiting about him being “blindsided” by their break-up. Click here to listen to his song about it titled “Over for You”. Kelsea’s comments got me thinking and I thought I would write this blog about property division and spousal support in Ohio.

IF I EARN MORE, I SHOULD GET MORE!

I remember back in the late 70’s and early 80’s, men going through divorces commonly expressing this opinion when we met to discuss a … Read More... “Blast From The Past: If I Make More Money Than My Spouse, Are Things Still Split 50/50 in a Divorce?”

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