Robert L. Mues, Author at Ohio Family Law Blog

Searching for a Divorce Lawyer? Reflections After 40 years of Divorce Practice…

Selecting The RIGHT Divorce Lawyer Vs. Selecting The Pitbull/Gladiator Divorce Lawyer. Who Would WIN?

Not every divorce lawyer is built the same, not do they approach cases the same. This is not surprising perhaps, but personalities and approaches do matter when selecting your divorce lawyer. Before selecting your divorce lawyer, be sure to interview several experienced and recommended ones in your area.

There are a lot of good articles on the web laying out questions to ask each lawyer so you can evaluate their experience, communication style, present caseload, familiarity with issues like yours, etc.

Here is an Important Consideration: Are you looking for a fight or a settlement?

You should discuss this with the lawyers you interview and listen carefully to their responses. Are they the “Pit Bull/Gladiator” type? Or, are they the “Snowflake/Rollover” type? Or, perhaps something in between? I have been handling divorce issues for 40 years. Many possible clients assume that the “Pit Bull/Gladiator” lawyer is the best type for ALL divorce cases. This is not true unless you are simply looking for a huge fight or to punish your spouse. A “good” divorce lawyer is one who knows how to be strategic. I typically … Read More... “Searching for a Divorce Lawyer? Reflections After 40 years of Divorce Practice…”

Blast From The Past: Who Needs Cupid?

Blast from the past 13 years Ohio Family Law Blog

PUBLISHER’S NOTE: Thinking that it is almost Valentine’s Day, I remembered this post from February 14, 2009 and decided to go back and reread it. The content is still appropriate so long as folks apply the standard pandemic precautions we are all use to such as wearing masks and social distancing. The concept of everyone showing kindness to those around us is certainly needed, especially with everything going on in today’s world.

Newly Divorced On Valentine’s? Do Something Special For Yourself Instead!

Valentine’s Day is the start of the busy season for Dayton divorce lawyers. Many couples wait until after the holidays and it gives them time to file their taxes “jointly” and receive a larger refund. It also can be a reckoning day when people decide that they deserve better.

While romance abounds with cupid’s magic for some, it also can be a difficult time for many divorced individuals who don’t have a valentine to share it with.

Here are some tips from Jennifer McCarron and Eugene Kayser,licensed family therapists from Abington, Pennsylvania:

Ignore the holiday

Think about Valentine’s Day like a holiday for a religion you do not celebrate. Simply decide you are not participating in the

Blast From The Past: Are There Advantages to Filing First for a Divorce in Ohio?

Why should I file first in a Divorce Complaint? Here are the reasons.

PUBLISHER’S NOTE: This blog on filing a divorce complaint is as meaningful today as it was when we originally posted it on December 16, 2019. The importance of meeting with an experienced divorce lawyer in your area to evaluate when and where to file cannot be overstated! 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!

Several Strategic Reasons Why Filing Of The Divorce Complaint FIRST, Makes Prudent Sense

Unfortunately, you have concluded that your marriage needs to come to an end. Now it is time to put on your “business hat” and plan how to accomplish that result. When feasible, a dissolution proceeding is the best vehicle to accomplish the termination of an Ohio marriage. However that approach takes a full agreement in advance of filing by both parties on ALL issues and obviously cooperation. Let’s discuss how to proceed if that isn’t in the cards.

DIVORCE COMPLAINT FILINGS IN OHIO:

There are some reasons to consider being the first to file the complaint for divorce in Ohio.… Read More... “Blast From The Past: Are There Advantages to Filing First for a Divorce in Ohio?”

Tips for Divorce Lawyers – Having Trouble Obtaining Out of State Discovery?

UIDDA (Uniform Interstate Deposition and Discovery Act)

Ohio Civil Practice Discovery Help For Divorce Attorneys – How To Obtain Documents Outside Ohio?

As a lawyer who focuses my practice primarily on Ohio divorce and family law cases, it is easy to sometimes forget about Ohio Civil practice discovery rules and statutes. How many of you have had difficulty obtaining documents or setting depositions with companies located outside Ohio? I suspect, most of my fellow divorce lawyers would acknowledge the frustration this has caused!

I have recently had a battle obtaining retirement statements from a plan administrator located outside Ohio. It is hard to complete needed ‘due diligence’ to value assets in a divorce without retirement statements to determine if all contributions were marital as well as the dates and amounts of loans or withdrawals.

If you find yourself in this situation, I want to remind you to look at O.R.C. Section 2319.09 – Ohio’s Uniform Interstate Deposition and Discovery Act . This statute was adopted in Ohio in 2016. A form of this is a model statute has now been adopted in all the States/Territories except Connecticut, Massachusetts, Missouri, Nebraska, New Hampshire, Oklahoma, Puerto Rico, Texas and Wyoming.… Read More... “Tips for Divorce Lawyers – Having Trouble Obtaining Out of State Discovery?”

Do Criminal Convictions Impact Custody Determinations?

criminal convictions custody child's best interest

Child’s Best Interest Considered When Custody Is Granted In Ohio, But What If The Parent Has Criminal Convictions On File?

Yes. Criminal convictions may impact the Judge’s decision regarding who is granted custody. In Ohio, as in most states, the guiding principle is “what is in the child’s best interest“. By necessity, this must be a very comprehensive consideration of many factors. In Ohio, Section 3109.04 (F)(1) lists 10 specific factors the Court is to consider when making a custody determination.

They are:

(F) (1) In determining the best interest of a child pursuant to this section, whether on an original decree allocating parental rights and responsibilities for the care of children or a modification of a decree allocating those rights and responsibilities, the court shall consider all relevant factors, including, but not limited to:

The wishes of the child’s parents regarding the child’s care;
If the court has interviewed the child in chambers pursuant to division (B) of this section regarding the child’s wishes and concerns as to the allocation of parental rights and responsibilities concerning the child, the wishes and concerns of the child, as expressed to the court;
The child’s interaction and interrelationship with the

How Ohio Divorce Courts Handle Retirement Account Division

retirement account divorce retirement benefits

Retirement Account Division In Ohio Divorce Court

Will I Keep My Retirement Account Savings And Benefits If I Divorce My Spouse?

Going through a divorce can be complicated and stressful. Common sense thinking oftentimes does not mesh with Ohio divorce laws. Division of retirement accounts may fall into that category.

Some people mistakenly think that retirement savings are separate property in a divorce. If they are the owner of an employer-sponsored pension plan or in investment accounts like 401(k)s, they may believe that since they earned the benefit that they get to keep it even in a divorce. That is likely WRONG. If any was earned during the marriage, that portion is “marital property” and subject to the Court’s equitable division just like a joint bank account. In other words, just because you earned the retirement benefit, you do not get to keep it in a divorce . Any amounts accrued during your marriage will belong to both spouses.

How Will the Division of Retirement Benefits Alter Your Retirement Plans?

The Supreme Court of Ohio has held that all retirement benefits that were earned during the marriage are part of the “divorce estate”. It doesn’t matter what kind of … Read More... “How Ohio Divorce Courts Handle Retirement Account Division”

LEGAL ALERT: Federal Court Strikes Down Ohio Law Blocking Trans People from Amending Their Birth Certificates

Equal Protection Clause Allows Discrimated Ohio Transgender Residents To Correct Gender On Birth Certificate

On December 16th, 2020, federal Judge Michael Watson of the Southern District of Ohio’s Eastern Division found unconstitutional the Ohio Department of Health’s policy which prohibited transgender residents from correcting their gender on their birth certificate. Ohio allowed for gender changes on birth certificates to be made until 2016. Judge Watson stated “the policy resembles the sort of discrimination- based legislation struck down under the equal protection clause in Romer v. Evans as nothing more than a policy ‘born of animosity toward the class of person affected’ that has ‘no rational relation to a legitimate government purpose.’ ”

Judge Watson ruled in favor for four transgendered Ohioans to legally correct their birth certificate gender marker and overturn the state’s decision to deny the correction of the gender mark on their birth certificates . The case, known as Ray v. Himes and more recently, Ray v. McCloud , was filed in March 2018 by Lambda Legal, the American Civil Liberties Union, the ACLU of Ohio, and law firm Thompson Hine LLP on behalf of four transgender plaintiffs: Stacie Ray, Basil Argento, Ashley Breda and … Read More... “LEGAL ALERT: Federal Court Strikes Down Ohio Law Blocking Trans People from Amending Their Birth Certificates”

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