Robert L. Mues, Author at Ohio Family Law Blog

Keep Your 2019 Calendar if You Might be Divorcing…

Can A Past Calendar Of Daily Events Make All The Difference In Divorce Cases?

Don’t Throw Away Calendar From The Past. Document Of Events Can Be Important In Divorce And Custody Issues

It’s a new year. Out with the old and in with the new! The New Year’s Eve party blowers and hats are put away and you are ready to start a fresh new year. Getting organized is a priority for many. If you are like me you have had your calendar for the upcoming year purchased in November and have been diligently recording doctors appointments as well as other upcoming events.

So, it just makes sense to throw away that calendar from the past year. But wait! If you are in the midst of a divorce, or even contemplating if that’s a road you are going to take, getting rid of the previous calendar is a huge mistake. After all it is basically a documented story of your and your family’s daily life.

In a divorce proceeding, especially if there may be custody issues, you will be asked to reproduce your children’s past events, such as health history, sports events, other activities they are involved in, as … Read More... “Keep Your 2019 Calendar if You Might be Divorcing…”

Are You and Your Spouse Continually Fighting Over Money?

financial counseling financial therapy money issues

Financial Counseling Could Save Your Marriage

Fighting Over Money Issues Can Lead To Divorce According To Studies. Is Financial Counseling The Answer?

Many couples tend to argue and fight over money and other financial issues. According to many studies, fighting over money issues is one of the top 3 reasons couples end up divorcing. Those arguments can be about a myriad of “money” issues including:

Spending and Savings habits
Whose money is Whose?
Who is in Control?
The Value of Budgeting
Past, Present and Future Debts

Financial Counseling To The Rescue?

As a lawyer primarily focusing on divorce work for over 40 years, I can tell you that I see the “marriage casualties” everyday which excessive debt accumulation and living over one’s means can cause. Research from TD Ameritrade shows that people would rather discuss sex, politics (and about everything else), before money and financial issues. Even when the couples have gone through pre-marriage counseling, money issues can swamp the parties often causing divorce. So, what do you do if you find yourself in this situation?

Recently, I have noticed a fairly new trend to offer folks financial therapy or counseling. Have you heard of the Financial Therapy Association (FTA)? … Read More... “Are You and Your Spouse Continually Fighting Over Money?”

Tips on Planning a Vacation with the Kids Post-Divorce

Tricks And Tips To Make Vacation Time With The Kids Fun Post-Divorce

The ink is dry on the papers, and you are officially divorced! Time to take a vacation with the kids, but this is your first time traveling solo with the kids. It can be a little intimidating, but it doesn’t need to be. There are tricks and tips to make sure it is a fun and memorable time for all.

If you are leery of going it alone with the kids, consider asking another adult to accompany you. Perhaps a grandparent or aunt or uncle might be happy to go along. They might be happy to spend some time with your children, perhaps giving you a respite to enjoy a shopping trip or perhaps a museum or something which might not appeal to your kids.

Destination For A Vacation

As they say in real estate, location, location, location. The same applies to picking a destination for a vacation. You need to select a destination according to the ages of your children. Smaller children tend to enjoy staying in one place and are content to play in the sand. So booking a condo or hotel at … Read More... “Tips on Planning a Vacation with the Kids Post-Divorce”

Are There Advantages to Filing First for a Divorce in Ohio?

filing of the divorce complaint retraining orders

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

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.

To file for divorce in Ohio, you or your spouse has to have been a resident of the state of Ohio for no less than six months and of the county of filing for 90 days. If you submit your petition first, you can file either in the county where you live or the county where your spouse lives. While Ohio law of course applies to all divorce courts in the State, courts vary … Read More... “Are There Advantages to Filing First for a Divorce in Ohio?”

Divorce: What is a Settlement Conference?

What To Expect And How To Prepare For A Settlement Conference

A Settlement Conference Can Be Beneficial In Divorce To Avoid A Trial

Are you in the midst of a divorce? Getting a divorce can be a rough experience and emotionally difficult. Court dockets are crowded and litigating a case through a trial can take a very long time and end up being very expensive!

Many divorce Courts schedule mandatory settlement conferences routinely as part of the normal process. This is done to facilitate settlements and to reduce cases on the contested trial docket. Please note that in addition to mandatory Court ordered settlement conferences that scheduling voluntary settlement conferences outside of Court are typical and can be very beneficial. The goal in both is the same. Reach settlement to avoid trial.

What happens at the divorce settlement conference?

Each Judge and County conduct these conferences differently. Ask your lawyer to detail the process that is ahead in your case. What will the structure be? Will you be in separate rooms with the lawyers shuttling back and forth? Will the lawyers be talking together outside of the client’s presence? Will you all be in the Courtroom together? What is … Read More... “Divorce: What is a Settlement Conference?”

What to Do if Your Spouse is Missing and You Want a Divorce in Ohio?

divorce service of process missing spouse

Ohio Court Can Publish Divorce Complaint In Local Newspaper If The Address Of Missing Spouse Is Unknown

Typically when a divorce is filed the adverse spouse is served with the summons, divorce complaint and other required documents. This can be accomplished a number of ways as set forth in the Ohio Rules of Civil Procedure. Obtaining “service of process” is essential for the Court to obtain jurisdiction over the matter and to proceed with your case and issue orders over support, property division, custody etc. All states require that the opposing spouse receive a copy of the divorce papers typically delivered by a private process server (especially if there are any restraining orders).

WHAT DO YOU DO IF YOU LOOSE TRACK OF YOUR SPOUSE AND WANT A DIVORCE?

Most states have a law or civil rule about the requirements to utilize the service by publication provision when the address of the defendant is unknown.

Ohio Civil Rule 4.4(A) permits an individual to be served by publication when his or her address is unknown. To serve a defendant by publication when the defendant’s address is unknown, the plaintiff or plaintiff’s counsel must file an affidavit with the court indicating the following:… Read More... “What to Do if Your Spouse is Missing and You Want a Divorce in Ohio?”

Update Flash: Looking for Therapists in Southwest Ohio Experienced in High Conflict Divorce/Custody Matters?

PUBLISHER’S NOTE: Five years ago, we posted an article about the The Counseling and Cooperative Parenting Center of Ohio, LLC, also known as “CCPC – Ohio”. It seemed long overdue that we post an update on this wonderful resource for families with children having been involved in a high conflict divorce case. Click here, to read our initial article about this Center from April 12, 2014. Brenda Patton, the owner and director of the Center, was kind enough to provide me an interview to discuss the evolution of CCPC. Southwest Ohio is certainly fortunate to have this resource!

SO, WHAT IS A HIGH CONFLICT DIVORCE CASE?

Ms. Patton defined it as being cases that have a “revolving door” relationship with the Domestic Relations Courts. They are the cases that are never resolved or settled. Months and/or years after divorce has been finalized, the parties are still returning to Court to resolve unsettled issues relating to support, visitation, selection of schools, selection of treating physicians, payment of medical expenses, payment of extracurricular expenses, etc.

These cases often involve multiple motions to find one party to be in contempt of court for failure to abide by the terms of the original … Read More... “Update Flash: Looking for Therapists in Southwest Ohio Experienced in High Conflict Divorce/Custody Matters?”

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