A Post-Divorce Checklist

divorce estate planning social security

Move Forward With These Important Transition Tips

divorce estate planning social securitySo you have are about to finish your divorce case. Now what? While there is a lot of information about divorce and the process itself online, there is much less about the “afterlife”. Presumably you have been considering this day for a long time, and have maybe even obtained some psychological counseling/therapy to help with the post-divorce transition.

Here are some suggestions to help you get moving forward in a positive manner and avoid divorce  paralysis that occurs in many cases.

  1. REVIEW ALL YOUR DIVORCE DOCUMENTS – Don’t just throw the divorce decree and orders in a drawer after the case is over never to see the light of day again. Be sure to make a checklist of all loose ends that are mentioned in the Decree that need to be completed and attended to such as filing quit claim deeds, changing titles on vehicles, changing ownership of bank and other accounts, closing out credit cards, filing Qualified Retirement Division Orders (QRDO’s), and the like. Don’t just assume that your lawyer will complete these tasks without your participation.
  2. REVIEW YOUR OTHER IMPORTANT DOCUMENTS – This is a perfect opportunity to review your
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SCHOOL RESTARTING CONCERNS? DO YOU LIKE YOUR EX’S SCHOOL DISTRICT’S PLAN FOR YOUR KIDS BETTER THAN YOUR DISTRICT’S?

shared parenting plan school districts

Shared Parenting Plan and Covid-19 in Ohio

Keep Your Children Safe – Parents With Shared Parenting Plan May Consider New School District Options

shared parenting plan school districtsCOVID-19 has created havoc for all of us, but parents with school age kids have a whole layer of additional concerns. Of course everyone wants to keep their children healthy and safe. There are a ton of other logistics that they need to consider – work schedules, daycare considerations, and online/homeschooling, to mention just a few.

There are some similar themes in the plans presented by most Dayton area school districts. Most offer both online and some variation of in-person schooling. All schools are developing intense cleaning and disinfecting protocols. However, other than that, each district policies and procedures for reopening can vary greatly. Some schools offer a combination of in school for 2 days, and on line for 3. Others are offering half day sessions, while others are considering on line only for at least the first several weeks.

Study School District Your Child Will Be Attending For Social Distancing, Mask Wearing Policy and Online Learning

Most schools are offering the option of online only, but those procedures vary as well. Some districts have a … Read More... “SCHOOL RESTARTING CONCERNS? DO YOU LIKE YOUR EX’S SCHOOL DISTRICT’S PLAN FOR YOUR KIDS BETTER THAN YOUR DISTRICT’S?”

Blast From The Past: How to Ask for a Prenuptial and Avoid a Break-Up!

Blast from the past 13 years Ohio Family Law Blog

PUBLISHERS NOTE: More people are executing prenuptial agreements than ever before. Millennials are getting married at a later age, many have a lot of student debt and more assets.  The COVID-19 pandemic is causing people to be more aware of their mortality and planning for the future. I thought reposting this “blast from the past” from June 17, 2017, about prenuptial agreements was appropriate.

Prenuptial Agreements have increased in recent years says study…but why?

prenuptial agreements divorcePrenuptial agreements are daunting to bring up to one’s significant other and many individuals fear bringing up the topic. Many individuals worry that the prenuptial discussion will cause problems, such as making their significant other feel as if they are not trusted or as if there is an anticipation of a divorce in Ohio via a lack of commitment. However, research has shown that having a prenuptial agreement  may in fact strengthen a relationship. Did you know that According to a survey of the American Academy of Matrimonial Lawyers (AAML), 63 percent of divorce attorneys say they’ve seen an increase in prenuptial agreementsrecent years? This is NOT just a male thing either.  Forty-six percent of these lawyers also noted an increase in the number of … Read More... “Blast From The Past: How to Ask for a Prenuptial and Avoid a Break-Up!”

Can You Still Access Your Child’s Education Records After a Divorce?

Can You Still Access Your Child’s Education Records After a Divorce?

FERPA: What governs parental access to educational records?

ferpa educational recordsThe Family Educational Rights and Privacy Act (“FERPA“) is a federal statute that grants parents certain rights concerning their child’s educational records until the child turns 18 years old, at which point the rights transfer to the child. FERPA  has two main goals, one of which is to grant parents access to their children’s educational records. The other goal is to limit the access of outsiders to such records. The Ohio Student Records Privacy Act is the equivalent state statute. While the Ohio Student Records Privacy Act only applies to public schools in Ohio, FERPA applies to all educational agencies receiving federal funds.

The rights afforded to parents under both statutes include the right to access their child’s education records, to seek to have the education records amended, and some control over the disclosure of personally identifiable information from the education records.

“Education records” refer to the records maintained by an educational agency, institution, or agent of such and covers all permanent educational records  made by and kept on behalf of the school system. Examples include grades and disciplinary records. Under both statutes, schools must have procedures in … Read More... “Can You Still Access Your Child’s Education Records After a Divorce?”

The First Amendment and the Digital Age: Can the Court stop you from posting online? The Ohio Supreme Court Addresses this Question

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Civil Stalking Protection Order (CSPO) Ruling In Ohio!

Ohio Supreme Court Rules on Civil Stalking Protection Order (CSPO) Usage, and Social Media First Amendment Rights

cspo civil stalking protection order first amendment social mediaSocial media sites have become important platforms for exercising free speech rights protected under the First Amendment of the U.S. Constitution. Despite overall agreement as to the importance of such platforms, there is debate over the extent to which such speech can be restricted. One side argues that there are not enough measures in place to protect against violent or false content, while the other argues that such measures could unfairly restrict potentially valuable content.

On June 16, 2020, the Ohio Supreme Court spoke on this controversy in its decision, Bey v. Rasawehr, Slip Opinion No. 2020-Ohio-3301, where the Court held that a civil stalking protection order (CSPO) restricting future postings imposed an unconstitutional prior restraint on protected speech. Click here to read the opinion.

What happened in the case?

Following the deaths of his father and brother-in-law, appellant Jeffrey Rasawehr began posting on social media sites as well as local news sites that his mother and sister contributed to the deaths of their respective husbands. A billboard located near his sister’s house contained … Read More... “The First Amendment and the Digital Age: Can the Court stop you from posting online? The Ohio Supreme Court Addresses this Question”

Supreme Court Rules: LGBTQ People are Protected from Job Discrimination

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Divided Supreme Court Rules On Sex Discrimination Protection For LGBT Workers

discrimination LGBT civil rights actIn a landmark ruling, a divided Supreme Court ruled on June 15, 2020 that the 1964 Civil Rights Act barring sex discrimination in the workplace also protects LGBTQ employees from being fired because of their sexual orientation. The case, Bostock v. Clayton County, Georgia can be accessed by clicking here. The court decided by a 6-3 vote that a key protection of the Civil Rights Act  of 1964 known as Title VII that bars job discrimination because of sex also encompasses discrimination against LGBT workers.

The decision was written by Associate Justice Neil Gorsuch (who was appointed to the Court by President Trump). Chief Justice John Roberts also joined the court’s four liberal justices composing the majority. Dissenting were Associate Justices Samuel Alito, Clarence Thomas and Brett Kavanaugh.

“An employer who fires an individual for being homosexual or transgender fires that person for traits or actions it would not have questioned in members of a different sex,” Justice Neil Gorsuch wrote for the court. “Sex plays a necessary and undisguisable role in the decision, exactly what Title VII forbids.”

“The lawmakers who drafted and enacted the legislation

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Child Visitation Exchanges – Tips to Avoid Problems!

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Visitation Exchanges. Do this to Avoid Friction with your Ex!

visitation exchanges custodyVisitation exchanges and custody exchanges can be uncomfortable and sometimes downright combative depending upon the relationship between the parents. They can also be stressful to your child as well. The overall objective needs to be to keep things civil and reduce friction all the way around.

Here are some common-sense tips of what to do, or not do in visitation exchanges:

  1. Coordinate Drop Off/Pick Up Location: In high conflict cases, the less you have to interact with your Ex the better. One common approach is agreeing upon making the switch at school, a daycare center, babysitters or friend’s house.  Other options are at a public place such as a park or restaurant. In extreme situations, some folks will make the exchange outside the local police department. You need to figure a spot that is practical and reduces possible danger
  2. Bring a Third Party: Some folks will bring a witness to observe the drop off/pickups and to act as an observer and help reduce any friction. If you do this, please be smart in who you choose. Typically, a family member or a mutual friend works best (assuming they get along
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