Robert L. Mues, Author at Ohio Family Law Blog

Location Tracking Dangers Using Apple AirTags

Apple AirTags Dangers: Is GPS Tracking an Invasion of Privacy In Ohio?

Must Read Tips To Avoid Unwanted Malicious GPS Tracking From Apple AirTags

Warnings have been issued by attorneys general in NY and Pennsylvania recently regarding malicious intent with Apple’s tracking device, the AirTag, as instances of people receiving notifications on their phone that their location is being tracked has risen over the last few months.

The AirTag was originally designed by Apple as a method of tracking easily lost items, like keys, backpacks, luggage, etc., using BlueTooth technology. According to Patch.com, though, the devices are being found by unsuspecting victims in “various places including in bags and pockets, under cars, inside of bumpers and the back of license plates.”

“It’s something about the size of a quarter and if you think about that, I mean, you can really hide a quarter just about anywhere. It can be slipped into a pocket or a purse, could be stuck to a car if you want to track someone’s car,” said Alex Hamerstone, a tech expert at TrustedSec.

GPS Tracking Not Considered Invasion of Privacy in Civil Litigation

This has been a growing issue in Ohio as well … Read More... “Location Tracking Dangers Using Apple AirTags”

Postnuptial Agreements Will Soon Become Legal in Ohio

Ohio Law Recognizes Postnuptial Agreements and Treats Them the Same as Prenuptial Agreements

Ohio SB 210 expands a married couple’s ability to enter into agreements with each other to modify their legal relations. By passing SB 210, Ohio law now recognizes postnuptial agreements and treats them the same as prenuptial agreements. Prenuptial agreements are those that are entered into BEFORE marriage, while postnuptial agreements are those that are entered into AFTER marriage. This new law goes into effect the end of March. Click here to read it.

A few of the most notable provisions of Ohio’s new Postnuptial Agreements law enabling spouses to modify their marriage are as follows:

Expands the ability for spouses to enter into agreements that alter legal relations.
Establishes postnuptial agreements and treats them the same as antenuptial (prenuptial) agreements.
Allows spouses to modify antenuptial (prenuptial) and postnuptial agreements.
Establishes requirements for agreements entered between spouses that alter legal relations and provides that agreements that meet these requirements are valid and enforceable, with or without consideration.

Amendment Provides the Division of Property Upon an Agreement to an Immediate Separation

Most notably, under previous Ohio law section 3103.06(A) of the Revised Code, a husband or wife could … Read More... “Postnuptial Agreements Will Soon Become Legal in Ohio”

Blast From The Past: What is a Divorce Retainer Fee Agreement and What is Its Purpose?

Blast from the past 13 years Ohio Family Law Blog

Divorce Retainer Fee Agreement

PUBLISHER’S NOTE: With the start of the New Year comes a large spike in divorce filings. 2023 is no exception! Clients often have questions about how divorce retainer agreements work. So, I thought it might be a good time to repost this blog from August 8, 2020. Like the cost of many things, the hourly rates and typical retainer amounts charged by divorce lawyers have risen since 2020, perhaps as much as 10+ percent. The other information in the blog is still right on point.

Divorce Lawyers Require A Retainer Fee On Start Of Your Legal Representation

So, unfortunately you find yourself meeting with a divorce lawyer to discuss terminating your marriage. The conference goes well and after careful consideration you decide to hire the lawyer.

HOW DO DIVORCE LAWYERS CHARGE?

When the subject of fees and the attorney’s hourly rate comes up, you will likely hear the request for a “retainer fee“. Most all divorce lawyers will require a retainer fee at the inception of accepting your legal representation. Some, on the other hand will instead request a fixed fee amount rather than one based upon the amount of time and … Read More... “Blast From The Past: What is a Divorce Retainer Fee Agreement and What is Its Purpose?”

A Historical Perspective of No-Fault Divorce Laws in Ohio

The Pros of a No-Fault Divorce Can Cause Positive Ripple Effects

The 1970s-known for disco, bell bottom jeans, lava lamps, muscle cars, the Brady Bunch, Pong, and the first Concorde commercial flight-but what about divorce? In the 1970s a revolution took place in the United States. Not the British Invasion, but rather a divorce law revolution. In the 1970s alone, 37 states amended or repealed divorce laws, now allowing married couples to divorce under a “no-fault” system. Under the old, “fault-based” scheme, one party would have to be found guilty of adultery, abandonment, physical or emotional abuse, or a protracted separation period (at least 2 years), etc.

Generally, under this scheme, if an individual seeking a divorce could not prove that one of the previously listed grounds for divorce was present, American courts would not grant the divorce. Without evidence proving their partner was engaging in atrocious acts, an individual was forced to remain in their marriage. A policy argument in favor for the sweeping change in divorce laws is that under the prior “fault-based” scheme, individuals who wished to divorce often did so through perjury and falsification of evidence to get around the strict statutory requirements.

No-fault divorce laws… Read More... “A Historical Perspective of No-Fault Divorce Laws in Ohio”

Life in Ohio Post-Roe – The Next Baby Boom or Crash?

Post-Roe decision Could Impact Baby-Formula Availability With Addition Births Projected

The post-Roe rise in births in the U.S. will be in some of the worst states for infant and maternal health. The immediate effects of Dobbs v. Jackson Women’s Health Organization closed clinics shifting abortion access across the map almost overnight. Although it is too soon to see a rise in babies born to mothers who did not wish to have them. An economics professor, Caitlin Myers estimates there will be approximately 50,000 additional births nationwide. A trend quickly started on TikTok where “camping” became the code word for abortions.

Young women have been more scared than ever, to get pregnant. These children could start the next anti-abortion movement but America is unprepared to care for them and their birth mothers. But, plans are set “To make Ohio truly the best place in the nation to have a baby and raise a family…. [after] families have seen their freedom to make their own healthcare decisions stripped away.” Said Ohio House Minority Leader Allison Russo.

In Ohio, where a six-week abortion ban is stalled pending a court battle Governor Mike DeWine has proposed eliminating the tax on diapers and baby … Read More... “Life in Ohio Post-Roe – The Next Baby Boom or Crash?”

Legal Alert: Planning for Parenting Time – Ohio’s Guide for Parents Living Apart

Did You Know? Ohio Supreme Court Chief Justice Maureen O’Connor has Written a Guide About Planning Parenting Time Schedules for Parents Living Apart

Looking for a resource in Ohio to help you design a parenting time schedule that will work best for you, your Ex, and your children? I thought it worthwhile to share this resource with the readers of the Ohio Family Law Blog. This is not a new resource. It was published in 2019 by the Ohio Supreme Court Chief Justice Maureen O’Connor.

I was thinking about her the other day, since I knew she was retiring from the Ohio Supreme Court in January. She has served Ohio for 24 years in various elected State of Ohio offices – longer than any other woman in Ohio. In addition, Justice O’Connor has been passionate about child related issues throughout her career.

She introduced this resource as being “Ohio specific and it is intended to . . . foster fair and creative parenting schedules based upon children’s developmental milestones and best interests.”

Prenting Time Schedule Resource: How To Download “Planning for Parenting Time – Ohio’s Guide for Parents Living Apart”

This Planning for Parenting Time – Ohio’s Guide for Parents … Read More... “Legal Alert: Planning for Parenting Time – Ohio’s Guide for Parents Living Apart”

Tips for Smooth Parenting Exchanges for Divorced Parents

Tips To Help Make Visitation Exchange Go Smoothly For You, Your Ex, And Your Child

Visitation Exchange Involving Children can often be Stressful after Divorce. Tips to make Parental Exchanges Trouble-Free for all!

It goes without saying that in most cases divorce is a difficult and an emotional time, especially when children are involved. Even though you may have worked out the details of “sharing” the children the actual exchange of the child/children can be a stressful time and can bring out the worst in the parents. Remembering what you both want is in the best interest of the children is so important! This blog article is going to offer tips to help ensure that the swap goes well.

BE PREPARED IN ADVANCE

First of all be prepared and plan ahead so that your child has all that he or she will need at your ex’s house. It is a good idea to have clothes, toys, and school supplies at both residences, but there are certain items that will most likely need to travel back and forth. In order to make the transition easier, try to get everything ready in advance to reduce the stress. Make sure any medications are … Read More... “Tips for Smooth Parenting Exchanges for Divorced Parents”

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