Robert L. Mues, Author at Ohio Family Law Blog

Ohio Stalking and Sexually Oriented Civil Protection Orders

Protection Order A Must For Victims Of Stalking Or Domestic Violence

Have You Been Stalked And Require A Protection Order? How And Where To File Locally In The State Of Ohio

Statistics show that 8% of American women and 2% of American men will be stalked at some point in their lives. This means that 1.4 million Americans are stalked every year. And while some times the perpetrator is related to the victim, often times they are not.

A Civil Stalking or Sexually Oriented Offense Protection Order is very similar to a domestic violence civil protection order, however they seek to protect victims even if they are not a family or household member of the abuser. If a victim has been threated with physical harm or mental distress more than once and the incidents are closely related in time, then he or she may be entitled to a Stalking Civil Protection Order, and a victim of a sexual offense can seek a Sexually Oriented Offense Protection Order after the first threat according to Ohio Revised Code §2903.214.

In order to obtain either type of these protection orders, the victim must first file a petition for such in the general division … Read More... “Ohio Stalking and Sexually Oriented Civil Protection Orders”

DIVORCE ALERT: The Financial Risks of Signing an I-864 Affidavit of Support to Sponsor an Immigrant to be Admitted to the Country

Sponsored Immigrant Divorce Affidavit Alert

New Affidavit Form, I-864 Ensures That immigrants Who Are Admitted Into The U.S. Do Not Become Public Charges

Title II, Chapter 2, Act 212 and 213A of the Immigration and Nationality Act of 1952 provides that family-sponsored immigrants may not be admitted into the United States unless the person seeking the immigrant’s admission executes an Affidavit of Support, a.k.a. Form I-864, as codified in 8 U.S.C. 1182 and 1183a.

At its core, the I-864 is a legally, enforceable contract between the sponsor, and both the U.S. government and the sponsored immigrant. By signing the form, the sponsor is obligated to provide the sponsored immigrant with whatever support is necessary to maintain them at an annual income that is at least 125% of the federal poverty level. The Affidavit is intended to ensure that immigrants who are admitted into the U.S. do not become public charges. Click here to read more about this Affidavit and its implications from the U.S. Citizen and Immigration Services website.

Once an Affidavit is signed, the sponsor’s obligation can only end if one of five conditions occur: 1) the sponsor dies; 2) the sponsored immigrant dies; 3) … Read More... “DIVORCE ALERT: The Financial Risks of Signing an I-864 Affidavit of Support to Sponsor an Immigrant to be Admitted to the Country”

Selling Your Engagement Ring After Your Divorce?

Online Diamond Retailers Offers Quick Transaction For Your Engagement Ring Over Big-Name Jewelers And Pawn Shops

After you’ve gone through the heartache of getting a divorce, there’s one more headache perhaps to deal with: the engagement ring. It’s a once priceless item that is now an ugly reminder of what you’ve just endured. If you decide you can’t bear to hang on to the ring, there are some options out there for you.

There is always the option of the big-name retail jewelers (such as Kay or Jared’s), pawn shops, or auction houses, but these places rarely offer top dollar and will try and use their in-person sympathy to extract a lower price from you. Large auction houses generally won’t care about your ring unless it has a very large, rare, or colored diamond in it. Big-name jewelers are often limited by how much they can offer you, in an effort to keep their own overhead costs low. Pawn shops hardly ever have experts available, and will seriously undervalue your diamond in an effort to get you to a lower price. However, there is another option.

Online diamond retailers offer quick services, fair prices, and allow you the space … Read More... “Selling Your Engagement Ring After Your Divorce?”

Should I Hire a Psychologist During a Divorce?

How To Pick The Right Psychologist During Divorce If Therapy Is The Right Choice For You

When you decide it’s time to see a psychologist, the array of options out there may be a little daunting at first. To narrow this list of psychologists down, the American Psychological Association has put together a guide to make sure you choose the right psychologist for you.

First, you should evaluate whether therapy is right for you. Reasons to go to therapy include prolonged periods of feeling helpless, inability to do daily activities, excessive worrying, or harmful actions that hurt not just yourself, but others around you. Any of these reasons may be a good reason to go to therapy, but this list is far from exhaustive. Other reasons can facilitate the need for therapy, such as a major life change, lack of change, or trauma. Major life changes can include divorce or separation from your partner, so it’s good to have a psychologist to help you understand and process the myriad of emotions you’re sure to be feeling.

Next, you should take steps to find a psychologist. This can be done a few different ways. You can ask your primary … Read More... “Should I Hire a Psychologist During a Divorce?”

Generationally the Divorce Rates in the U.S. Differ Greatly!

The U.S. Divorce Rate Is Falling According To Recent Analysis, But Why?

The millennial generation is once again showing that they are not like their elders. They are staying married! According to an analysis conducted by Professor Philip Cohen, a sociology professor at the University of Maryland, from 2008 to 2016, the divorce rate has dropped 18 percent.

Generation X and millennials are not following the same path as their elders. The older generations tended to marry younger, then get divorced, and then often remarry. The younger generations are being more selective about choosing a mate, and are getting married at an older age. They have decided that getting their education completed, establishing a career and obtaining financial stability is a priority before taking those vows. Demographers have been addressing why the divorce rate is falling and what this news means for current newlyweds.

One possibility is that older couples who decide to commit to a marriage are not as likely to get a divorce. However the marriage rate has also decreased in the last few decades. Cohen is calculating divorce rate as “ratio of divorces to the total number of married women”. The decline in the divorce rate … Read More... “Generationally the Divorce Rates in the U.S. Differ Greatly!”

Have You Heard about Obtaining a Sleep Divorce?

35.6% of Ohio Couples Want To File For A Sleep Divorce According To New Study

If you’ve been having some restless nights because your spouse is hogging all the blankets, sprawls out, and/or has some space issues, consider a sleep divorce! A sleep divorce is not a legal action to separate you and your spouse from sleeping together, but is just the action of arranging two separate living spaces for each partner.

According to a 2010 study from the National Sleep Foundation (NSF), almost 25% of married couples have filed for a “sleep divorce;” however, a new study from Mattress Clarity has shown that 30.9% of Americans want a sleep divorce, but are too nervous to talk to their spouse about it. The study found that in Ohio specifically, that number jumped to 35.6% of couples want to file for a sleep divorce. In comparison of surrounding states, West Virginia has the highest rate of couples that want to file for a sleep divorce (82.2%), followed by Pennsylvania (41%), Indiana (29.6%), Kentucky (23%), and Michigan (20.5%).

If you think that fighting is what drives this group of married couples that already sleep apart, you may be surprised … Read More... “Have You Heard about Obtaining a Sleep Divorce?”

California Courts now have Authority to Rule on Pet Custody Disputes in Divorce

Ownership Of Pets Can Be Decided In California Courts, Will Ohio Be Next In Pet Custody Disputes?

In California and Ohio, as in most states, pets are considered personal property by law. But thanks to a new law in California, divorce disputes over “custody” of dogs and cats will be decided in a similar manner as are child custody disputes. Regardless of the emotional attachment between a pet and its owner, Courts typically don’t give more status to a pet than say to a computer or television.

Under A.B. 2274, signed last week by Governor Jerry Brown, pets will still be considered community property but now a judge deciding ”custody” will have the discretion of weighing such factors as who feeds and walks them, has been the primary caregiver and who takes them to the veterinarian. In addition, the Court may order essentially temporary custody of the pet pending final hearing. The law goes into effect on January 1, 2019. To read the text of the law, click here.

As an Ohio divorce lawyer for near 40 years, I personally think the new California law makes practical sense. Pets can become as important to individuals as … Read More... “California Courts now have Authority to Rule on Pet Custody Disputes in Divorce”

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