Robert L. Mues, Author at Ohio Family Law Blog

Did Your Ex-Spouse Take the Easter Baskets? Resurrection After the Crucifixion of Divorce…

PUBLISHER’S NOTE:

I was searching through all my past blog articles looking for ones that I had written about divorced folks and the Easter holiday. I had forgotten about this one. I originally posted it on April 11, 2009. Actually, it was probably my most meaningful one. I reread it and made a few slight revisions, but my advice 14 years ago was right-on-point! Please spend some time and reflect on ways that you can move forward positively and “resurrect” your life. your family, co-workers and friends will welcome the “new you”, but most importantly, do it for yourself – you deserve it!

Feeling Paralyzed After Divorce? Let Easter be your Resurrection of Life

Holidays for those that have become divorced can be very difficult times. Easter is no exception. Have old memories of good times and happiness morphed into feelings of anger, regret and pain? We all know that Easter, in its most religious meaning, is the celebration of the resurrection of Jesus Christ. Some European countries stop the daily ringing of the church bell on Thursday in memoriam of the death of Jesus Christ. The daily tradition begins once again the early morning hours of Easter … Read More... “Did Your Ex-Spouse Take the Easter Baskets? Resurrection After the Crucifixion of Divorce…”

Division of Household Goods in an Ohio Divorce

Dividing household goods in a divorce…can’t decide so flip a coin?

A few minutes ago, I happened to hear that old 2006 song, “Give it Away” by George Strait. I listed to the lyrics again and thought, “Why can’t division of household goods in most divorce cases be this easy”?

Here are the lyrics that I am referring to:

She was stormin’ through the house that day
And I could tell she was leavin’
And I thought, “Aw, she’ll be back”
‘Til she turned around and pointed at the wall and said

“That picture from our honeymoon
That night in ‘Frisco Bay
Just give it away”
She said, “Give it away”

“And that big four poster king sized bed
Where so much love was made
Just give it away”
She said, “Just give it away”

Just give it away
There ain’t nothing in this house worth fightin’ over
Oh, and we’re both tired of fightin’ anyway
So just give it away
(SKIPPED A FEW VERSES)

And I said, “Now honey
Don’t you even want your half of everything?”
She said, “Give it away
Just give it away”

Just give it away
There ain’t nothing in this house worth fightin’ over… Read More... “Division of Household Goods in an Ohio Divorce”

If I Make More Money Than My Spouse, Are Things Still Split 50/50 in a Divorce?

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 potential divorce. Many were not happy to be told that is NOT how it works in Ohio. Back then most men were the primary breadwinners. Often times the agreed upon roles where the man was the primary breadwinner and the wife was the primary caregiver for their … Read More... “If I Make More Money Than My Spouse, Are Things Still Split 50/50 in a Divorce?”

Now That Postnuptial Agreements are Legal in Ohio, Might One Make Sense for You?

Want To Create a Postnuptial Agreement? It is now Legal in the Stare of Ohio.

Postnuptial Agreement can be a very Practical Step to Avoid Confusion if a Marriage Should Terminate

Finally Ohio has joined 48 other states and is now permitting postnuptial agreements to be executed and recognized. This is extremely significant news for married couples in Ohio! Click here to read our blog about this law change which we posted here on February 11, 2023.

WHAT ARE POSTNUPTIAL AGREEMENTS?

Generally speaking, a postnuptial agreement is a tool of protection. It can modify or revoke a prior prenuptial agreement or be drawn to control marital finances and assets in the event of divorce or death. Under Ohio law a spouse cannot be disinherited under a will. Ohio law provides what minimum property a spouse must receive absent a prenup or postnuptial agreement.

KEY PURPOSES FOR CREATING A POSTNUPTIAL AGREEMENT

While married couples generally do not want to contemplate the end of their marriage, executing a postnuptial agreement can be a very practical step to avoid confusion in the event a marriage ends for any reason. It can provide certainty as to individual and joint marital wealth which may … Read More... “Now That Postnuptial Agreements are Legal in Ohio, Might One Make Sense for You?”

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?”

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