Robert L. Mues, Author at Ohio Family Law Blog

Should I Stay or Should I Go? To Divorce or Not?

The perfect month For filing for Divorce is…

Divorce for the Holidays! The Perfect Time to File for Divorce?

This is the time of year that many people have this exact question on their mind. If you are old like me, perhaps you remember this song by the British punk rock band The Clash from 1982. Or if not, maybe later from a Levi’s 501 jeans television commercial shot in a pool hall.

Here are some of its memorable lyrics:

“Darling you got to let me know
Should I stay or should I go?
If you say that you are mine
I’ll be here till the end of time
So you got to let me know
Should I stay or should I go?

It’s always tease tease tease
You’re happy when I’m on my knees
One day is fine, and next is black
So if you want me off your back
Well come on and let me know
Should I stay or should I go?”

Click here to watch the Levi Jeans commercial including the song.

Why is January Often Referred to as “Divorce Month?”

There are many reasons that folks come in to my law office after the holidays… Read More... “Should I Stay or Should I Go? To Divorce or Not?”

Tips to Avoid Exhaustion After Your Divorce

I tell new clients to prepare themselves at the start of their divorce. My warning – A divorce is typically not a sprint but is usually a marathon! So, prepare yourself accordingly! So, how does one go about avoiding that “marathon”?

Here are my top tips to help you avoid total exhaustion after your divorce.

Tip One: Establish Your Top Priorities

I can’t tell you how critically important this truly is. Contested divorce litigation moves slowly and is very expensive! Some individuals come to the initial conference with a warrior’s mindset. They are often “hurt” and want to lash back by fighting everything. Please understand that there is really no “winner” or “loser” in divorce litigation. That “fight at all costs” approach is a mistake for most people. Why? Because litigating all the small issues will take forever and likely cost a fortune!

Some divorce lawyers may not agree with me on this. Many are willing to champion every fight their client wants. Others seem to have a form “checklist”. They start with the first item on the top of their checklist and won’t move on to item 2 until number 1 has been resolved. Yes. This is … Read More... “Tips to Avoid Exhaustion After Your Divorce”

What Do I Do if My Ex Refuses to Follow the Terms of Our Final Decree of Divorce?

Filing a Contempt Motion Against Your Ex: The Pros and Cons

Your Ex Could be Held in Contempt Motion for Failure to Comply with a Divorce Court Order

Divorce cases can often continue to create headaches for the parties long after the Final Decree of Divorce has been issued. Sorry to perhaps be the bearer of bad news! Some individuals will refuse to follow Court Orders no matter what the issue or how clearly it is stated in the Court Order.

Some Ohio Courts are becoming more sensitive to that reality and are channeling “high conflict” post decree cases to a different docket so that they receive greater attention including scheduling periodic review hearings (especially if the issue pertains to parenting time).

But, let’s go back to the basics first.

WHAT IS A MOTION FOR CONTEMPT?

The Court speaks through its Court Orders and Entrys. For example, the Final Judgment and Decree of Divorce sets out the specific terms the parties are Ordered to follow on each and every issue from parenting time to division of assets and debts. Technically,” contempt” is a disregard, or disobedience to the Orders or commands of Judicial authority.

For example, your Ex can … Read More... “What Do I Do if My Ex Refuses to Follow the Terms of Our Final Decree of Divorce?”

Protect Your Credit Score if You are Going Through a Divorce!

Your Credit Score Could Drop During Divorce

If you are going through a divorce, most likely there are lots of things on your to do list, and lots of details to attend to. One of which is, protect your credit score. According to a 2019 survey conducted by Debt.com with Moneywise.com, 38% of respondents saw their credit score drop by more than 50 points after separating from their partner. If you are going from a 2 income house to a one income, yours, your financial situation could change quite a bit.

The first thing you want to do is to run your credit report. You may not like what you see, but it is not one of those things you want to ignore. Hiding your “head in the sand” and ignoring what is there won ‘t help matters. By running your credit report you will find out what your credit score is. You can run it by going to this website. annualcreditreport.com or call this number to request it. (1-877322-8228)

In addition to getting your score, you can also see all of your accounts. It will list when each account was opened, and if they are still open. … Read More... “Protect Your Credit Score if You are Going Through a Divorce!”

LEGAL ALERT: Sealing a Divorce Court Case File in Ohio May Now be a Bit Harder

Clear And Compelling Evidence Must Be Presented To Obtain An Order To Seal Records In Ohio

Going through a contentious divorce can be a horrible experience! In addition, the Courts require that lots of personal information be submitted as part of the process. But who wants all that “dirty laundry” to be online for anyone to view? There may be a lot of reasons why it could be harmful to the parties to allow public access to the filings, pleadings, decisions and Court Orders.

REQUEST TO SEAL COURT FILE?

The typical remedy is to file a motion requesting the Court to seal the entire file (or at a minimum the very sensitive ones) — meaning that the public cannot access the contents of the Court proceedings. In Ohio, as in most states, that decision comes down to the Judge’s view on the merits of your request. Typically the Judge almost has unlimited discretion to decide to seal or not seal a case file.

WHY IS MY DIVORCE CASE ANYONE ELSES BUSINESS?

In Ohio, as in most states, the court systems are “open” proceedings. [That is not true for Juvenile Court where the proceedings are generally closed.] The Rules of Superintendence for … Read More... “LEGAL ALERT: Sealing a Divorce Court Case File in Ohio May Now be a Bit Harder”

How to Tell Your Children About Your Filing for Divorce

Filing For Divorce? Break The News To Your Children With These Recommendations

Having been a divorce lawyer for over 40 years, I am asked this question frequently. I always appreciate the question. It shows appropriate concern and insight about the importance of handling this matter correctly.

My advice is to spend time reading materials from counselors and psychologists on the subject more qualified to address it. There are a ton of resources available online or books on the topic. Planning ahead is important – don’t just drop this “bomb” in an off-hand nonthought-out manner.

Here are some suggestions the professionals often recommend:

Both Parents Tell the Kids Together

While this may not be possible in many situations, it certainly is usually the best approach if you and your spouse can present a civil “united front”. That will hopefully show your children that both parents will continue to be in their lives going forward. Also, doing it together prevents one parent from unintentionally (or intentionally) placing blame.
Plan What You Will Say

Avoid the thought that you need to explain EVERYTHING. Sharing the “truth” is not important. The objective is to provide the children reassurance and loving support. Generally, you

30 Humorous or Interesting Quotes About Divorce

Divorce Lawyer: A Collection of Quotes That can be Helpful In Times of Divorce or Stress

Of course, divorcing is not a laughing matter, but humor can be helpful on occasion. You can thank my daughter-in-law, Bambi, for this post if you like it. She started me thinking about this blog by sharing a comment from a customer in the boutique, Eclectic Essentials, she and my youngest son Colin own in the Oregon District in downtown Dayton.

She called me on the phone and said, “A new customer came in the shop and told us he was redecorating his house after his divorce, and he loved our store.” She said the middle-aged man said to her “You know I found out that I am allergic to marriage.” She looked at him puzzled and he went on to say, “Yup. I always break-out in a nasty divorce!” She thought that as a divorce lawyer that I would like the story. She was right and it made me laugh!

That was the impetus to the theme of this blog and my sharing some of the other interesting or humorous “divorce quotes” that I have enjoyed over my 40+ years as a … Read More... “30 Humorous or Interesting Quotes About Divorce”

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