Robert L. Mues, Author at Ohio Family Law Blog

Has Your Ohio Driver’s License Been Suspended in Montgomery County Because Of Missed Child Support Payments? If So, Read About This Special Reinstatement Program in August Only

August brings special program for Child Support Awareness Month

PUBLISHER’S UPDATE NOTE:

August is “child support awareness month.” On August 6, 2022, we alerted our readers about this special limited-time opportunity. It appears that the only new updates from last year are that more people are taking advantage of it.

In 2021, 44 people took advantage of it and $12,000 was collected. In 2022, 119 people took advantage of the reinstatement opportunity, resulting in more than $32,139 being collected. This is noteworthy opportunity to take advantage of if your driving privileges have been suspended for non-payment of child support!

**Special License Reinstatement Program to Run Through August**

Parents in Montgomery County who have had their drivers privileges suspended for not paying child support can take advantage of a special reinstatement program that is being offered during the month of August. August is Child Support Awareness Month, and the Montgomery County Child Support Enforcement Agency is giving parents with suspended licenses an opportunity to have the suspension lifted if the parent pays one month of back support. Usually in order to get the suspension lifted, the parent has to pay 3 months.

During the pandemic, many parents had financial difficulties … Read More... “Has Your Ohio Driver’s License Been Suspended in Montgomery County Because Of Missed Child Support Payments? If So, Read About This Special Reinstatement Program in August Only”

Advocating for Your Mental Health as You go Through a Divorce is Really Important!

Is A Contentious Divorce Impacting your Mental Health?

Do This To Safeguard Your Mental Health During Your Divorce Process

To put it mildly, divorces are a difficult period for most people. It can definitely be a challenge to manage your mental health while going through a separation or a divorce. However taking care of yourself is so very important. It is a stressful time and dealing with family, friends, and the rollercoaster of emotions while working through the legal process can be overwhelming. The best thing you can do for yourself is take care of yourself. In turn, taking care of yourself will be the best thing you can do for your children or anyone else who is depending upon you. Many people feel that putting their needs first in selfish, however it is anything but. Maintaining positive mental health is crucial most importantly for you, but also for those you love.

A divorce brings a range of emotions that can be uncomfortable. Feeling frightened, angry, or overwhelmed are all normal emotions as you transition through the divorce process. You may experience a strong sense of loss or grief. Having support as you go this journey is … Read More... “Advocating for Your Mental Health as You go Through a Divorce is Really Important!”

The Importance of Hiring the Right Divorce Attorney

Follow These Tips To Hire The Right Divorce Lawyer For You!

Hiring the “right” divorce lawyer for you is critically important. I have written about it several times on this blog over the years. Not a whole lot has changed since my first series of Articles in December 2007 and January 2008. Click here to read the version I merged and reposted on March 3, 2018.

What has changed I believe is the increasing number of cases where parties hire and fire several lawyers who have represent them. I have one case going now where the wife is on her fourth lawyer and the case is over 2 years old. I also have several others where I am the second lawyer involved. So, I have spent some time recently reflecting upon this seemingly “new” dynamic. Obviously, each case has its own fact pattern to support the change in counsel, but it reinforces my opinion even more about the importance of dhiring the “right” lawyer at the start of your divorce representation.

Consequences of Not Hiring the “Right” Divorce Lawyer Initially

Communication Styles Don’t Mesh

A typical divorce can routinely take easily 6 to 9 months to complete. Ones with

Blast From The Past: What is a First Right of Refusal Clause in a Child Custody Case?

PUBLISHERS UPDATE: Here is one of my favorites posts from back on August 14th, 2021! 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!

Are Clauses Needed In A Child Custody Case? Weighing The Pros And Cons.

Parenting time is often one of the most important issues in a divorce or custody case. Crafting the agreement allocating parenting time can be difficult. It is impossible to anticipate all the schedule changes that daily life “curve balls” can cause, such as illness, emergencies, and changes in work schedules. One solution to that problem is to incorporate a “First Right of Refusal” into the shared parenting plan or seperation agreement.

WHAT IS A FIRST RIGHT OF REFUSAL CLAUSE?

Typically, this clause requires that one parent must first offer any time he/she can’t accommodate the child during their regular parenting time to the other parent. This “offer” must be made to the other parent BEFORE attempting to make any alternate plans for the child.

For instance, if the parties share the child week on and … Read More... “Blast From The Past: What is a First Right of Refusal Clause in a Child Custody Case?”

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”

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