Robert L. Mues, Author at Ohio Family Law Blog

Can I Make My Spouse Move out of the House?

If it negatively impacts the children, can I force my spouse to vacate the marital residence during a divorce?

This is a frequent question all divorce lawyers are asked typically at the beginning of a divorce case. Obviously, their marital relationship has deteriorated or completely broken down for them to be considering a divorce. In legal jargon, their question pertains to obtaining an order for their spouse to vacate the marital residence and not reenter the home without the remaining spouse’s permission. This is often referred to as an Order for Sole and Exclusive Use of the Marital Residence.

Many times one spouse or the other may agree voluntarily to move out of the home temporarily during the divorce for a multitude of reasons. One of the frequent reasons is simply to avoid continued conflict and stress. It is important to note that moving out does not cause the vacating spouse to lose or in any way diminish their property interest in the home. If there are children involved, always discuss this issue with your divorce lawyer first as that decision may impact the determination of the custody of the children. Without such an agreement or a court … Read More... “Can I Make My Spouse Move out of the House?”

Discovery Basics in an Ohio Divorce

Why is Discovery in Ohio Divorce So Confusing? Here are the First Steps you Should Take!

Discovery in a divorce or dissolution case can be a confusing part of the litigation process. It occurs in the initial pre-trial aspect of the proceeding. The ultimate purpose or goal of discovery is to make sure that both sides have all the relevant information about the factual particulars of the case. It is designed to avoid “trial by ambush” and to encourage negotiations between the lawyers after having a full understanding of all potential evidence. Ohio law allows for attorneys to request and receive almost anything which “could” lead to admissible evidence at trial. So, the scope of permissible discovery is very broad!

I. Discovery/Disclosure in a DISSOLUTION:

In a dissolution action, the entire proceeding is premised on each party making a complete disclosure of all his/her assets and liabilities to the other. The “discovery” is intended to be informal and cooperative as both parties need to come to a 100% agreement on all issues before the action is even filed with the Court.

Basic “discovery” is accomplished in the exchange of the fully completed Financial Disclosure Affidavits between them. The … Read More... “Discovery Basics in an Ohio Divorce”

The Basics of Temporary Restraining Orders in an Ohio Divorce

PUBLISHER’S NOTE:
A New client asked me last week if she could get restraining orders if she and her husband file for a dissolution. A great question! It got me thinking that I hadn’t posted a blog article about the topic of restraining orders in a really long time. Click here to read a blog from November 12, 2011. So, here is my updated article!

PURPOSE Of RESTRAINING ORDERS IN A DIVORCE

The information in the blog article linked above from 12 years ago, is still on point. I won’t be redundant here. The purpose for restraining orders in a divorce is to essentially maintain the “status quo” of finances, assets, insurance coverages and the parties’ affairs as they exist at the time of the divorce filing. They are also intended to prevent any unilateral retaliation, threats of violence, and harassment between the divorcing spouses.

Be sure to read your local rules or my 2011 blog to read more about restricted actions that can be included in a temporary restraining order request. Issuing restraining orders is commonplace in divorce or legal separation proceedings in Ohio and typically done without any hearing. Nonetheless, even with these restrictions the parties are … Read More... “The Basics of Temporary Restraining Orders in an Ohio Divorce”

Should Ohio Pass a New Law Establishing 50/50 Shared Parenting in Divorce Cases?

Ohio would join only Arkansas and Kentucky as states with a law establishing automatic equal shared parenting time.

Ohio House introduces HB14 to establish automatic 50-50 Child Custody, but is this in the best interest of the child?

A separation or divorce is a highly stressful and emotional experience for everyone involved, but for children, it can often be traumatic. Children are often left feeling shocked, angry, uncertain, or even guilty. These are all totally normal reactions. In response to these natural emotions, one of the best things parents and courts can do throughout divorce proceedings is consider the best interests of their children in regard to custody and residential parenting decisions.

In most jurisdictions, including Ohio, the “best interest” of the child standard is the basis for most custody decisions. The purpose of this standard is to safeguard a child’s mental, emotional, and physical well-being by ensuring the parents can provide the best upbringing for the child. Judges utilize this “best interests” standard when making decisions regarding custody arrangements.

Despite this long-standing best interest of the child standard, the Ohio House has recently introduced HB14 to establish automatic 50-50 child custody from the start of the case. This bill … Read More... “Should Ohio Pass a New Law Establishing 50/50 Shared Parenting in Divorce Cases?”

Divorce: Child Custody Evaluations in Ohio

Ohio Child Custody Evaluation – Supreme Court Approves New Rule

Child Custody Evaluations: Ohio Moves to Standardize Qualifications For Mental Health Professionals and Courts

The positives versus the negatives of Court ordered child custody evaluations in a divorce is still subject to debate. I posted a blog article about this controversy on January 7, 2017. Click here to read it. The same opposite positions exist today, 6 years later.

As a seasoned divorce litigator, I will share that in my opinion they can be very helpful in settlement negotiations and ultimately as evidence if custody is litigated at trial. The biggest logistical problem is finding experienced psychologists willing to perform them. That is certainly true, at least in the Dayton area anyway. There are individuals conducting them in the larger cities like Columbus and Cincinnati. This is the subject of frequent frustration of family law and divorce lawyers in Dayton wanting to move forward with this type of evaluation.

WHAT IS THE DIFFERENCE BETWEEN A GUARDIAN AD LITEM INVESTIGATION AND A CHILD CUSTODY EVALUATION?

Here are the links to three past blog articles that we have posted about GAL investigations:

Click here to read about the Updated Guardian Ad Litem … Read More... “Divorce: Child Custody Evaluations in Ohio”

Blast From The Past: Tips on Dealing with Your Divorce Lawyer [And Why it Matters]

Blast from the past 13 years Ohio Family Law Blog

PUBLISHERS NOTE: Having recently completed 4 very lengthy high conflict cases over the last few months, I find myself reflecting about the facets of the attorney/client relationship in each. In a different way, each was exceedingly grueling. So I decided to reread several of my past blog articles on this topic. Below is one from 4 years ago which I like a lot.
I would now add another piece of advice to it – “Extreme perseverance may be required to obtain your goals”. While disentangling the parties quickly is always the goal, unfortunately that may not be possible in all cases. At the initial conference, I typically explain to clients that a divorce often is more like a marathon race than a sprint. Work closely and communicate well with your divorce lawyer to understand where your case is headed and all of your options! Stay strong and be prepared to persevere as necessary!

How To Get The Best Outcome From Your Divorce Lawyer

So, you have selected your divorce lawyer. Here are some tips for how to deal with him/her to hopefully achieve the best outcome possible.

Be Candid and Honest – Don’t ever leave your divorce lawyer in the

The Truths Behind Some Ohio Child Support Myths

Ohio Child Support: 8 Common Myths Debunked

Most parents are familiar with the concept of child support. Nonetheless, there are many myths and inaccuracies people believe to be true that are in fact false. If you pay or receive Ohio child support, you should take the time to learn the truth! Here are some common myths about the payment of child support in Ohio.

MYTH #1. ONLY FATHERS CAN BE REQUIRED TO PAY CHILD SUPPORT.

Both parents in Ohio have an obligation to support their children. There are many situations where mothers in Ohio are ordered to pay child support.

MYTH #2. THE CHILD’S NEEDS DETERMINES THE AMOUNT OF CHILD SUPPORT.

Child support in Ohio is generally calculated based on gross incomes of the parties, number of children, daycare or childcare expenses, health insurance costs, and the amount of time each parent spends with the child. The child support guidelines in Ohio are not uniform with those in other states. In addition to these factors, the court may consider any unusual needs of your children. The guideline calculations are a starting point in determining Ohio child support. They are not absolute amounts for each and every case. Unusual … Read More... “The Truths Behind Some Ohio Child Support Myths”

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