Robert L. Mues, Author at Ohio Family Law Blog

Blast From The Past: Shared Parenting Misconceptions in Ohio

Blast from the past 13 years Ohio Family Law Blog

PUBLISHER’S COMMENT: “Confusion still continues about the distinctions between sole custody and shared parenting. An initial consultation typically includes a discussion of this topic if the couple has kids. While shared parenting makes sense in many cases, it sure doesn’t if there has been domestic violence or the parties can’t communicate effectively.”

Previously my colleague, Anne Shale, posted a very informative article laying out the legal distinctions between sole legal custody and shared parenting in Ohio. Here is the link to her article. Even though it was posted 3 years ago, the information is still correct. Nonetheless, I think it would be helpful to expand, clarify and shoot down several shared parenting myths.

Shared parenting requires an equal parenting time allocation.

Not true. The hallmark of shared parenting is that both mother and father stand on the same legal footing with respect to custody. Each are equal legal custodians of their child(ren). Customarily, there is a provision in the plan that specifies whether mother or father’s city of residence is designated for schooling purposes. But this designation does not carry with it any greater custodial rights. Under a shared parenting arrangement, the actual parenting time allocation can vary anywhere from … Read More... “Blast From The Past: Shared Parenting Misconceptions in Ohio”

Gay Marriage Alert: Masterpiece Cakeshop Court Case is Finally put to Rest…For Now

PUBLISHERS NOTE: I want to thank Ashlyn Gallant, a third year law student at the University of Dayton School of Law, who researched and wrote this same-sex alert blog article. She is externing with us for the summer. Well done Ashlyn!

Supreme Court Rules In Favor Of Baker In Same-Sex Religious Freedom Case

It seems as though it was just yesterday that the news came out stating that a baker in Colorado refused to bake a cake for a same-sex couple’s wedding due to his religious beliefs against same-sex marriage. Outrage broke out on both sides of the spectrum. LGBT+ activists took to their platforms and religious freedom was put to the test. As of June 4, 2018, the case has been decided, but not for the reasons one would think.

The Supreme Court released their decision and as a result, some are in complete disbelief. The Court’s narrow holding allowed the Baker to walk away vindicated after six long years of turmoil. However, the true issue is one that will still remain undecided because while the Court decided the case for the Baker, they didn’t decide it in his favor because they agreed that his religious freedom trumped … Read More... “Gay Marriage Alert: Masterpiece Cakeshop Court Case is Finally put to Rest…For Now”

Important Steps to Take After Your Divorce Has Been Completed!

Divorce Finalized? Financial And Legal Steps To Take Before You Can Start Your New Life!

Hooray! Your divorce has been finalized and although it is a time filled with mixed emotions, it is a relief to know that the bickering is over, the court proceedings are over, the paperwork is over, and keeping your attorney on speed dial is over. However, before you start adjusting to your single life, there are a few things, both financially and legally, that you need to pay attention to.

Number 1: Thoroughly Review Your Divorce Decree

Why, you might ask? Of course you know what you agreed to, however it is easy to forget the small details regarding what your obligations and responsibilities. Have all the mentioned provisions been completed? For example, was a deed to have been filed? Are there are deadlines, such as amounts due for child support or for alimony? You should mark your calendar and write down any deadlines to be sure you meet all your obligations timely. Mark down the deadlines for your ex and contact your attorney if they are not met.

Number 2: Update Your Health Insurance Coverage

Typically, if you were covered under you ex’s health … Read More... “Important Steps to Take After Your Divorce Has Been Completed!”

Blast From The Past: The New Economics of Marriage: More Men Marrying Wealthier Women

PUBLISHERS NOTE: “This post and my comments from 2010 were dead on! Society has seemingly accepted this household incomes reversal perhaps due more to gender equality acceptance. Not shocking, but women are no happier now paying alimony than men were back in the 1980’s.”

Modern Household Incomes: More Men Marrying Wealthier Women

In a recent analysis of census data, the Pew Research Center found that the institution of marriage has undergone significant changes in recent decades as women have outpaced men in education and earnings growth. The study examined American’s 30 to 44 years old, a stage of life when typical adults have completed their education, have gone to work and gotten married. “Men now are increasingly likely to marry wives with more education and income than they have, and the reverse is true for women,” said Paul Fucito, spokesman for the Pew Center. “In recent decades, with the rise of well-paid working wives, the economic gains of marriage have been a greater benefit for men.” Clearly, these unequal gains have been accompanied by gender role reversals in both the spousal characteristics and the economic benefits of marriage.

I personally enjoy reviewing statistics. For those that don’t, be sure at … Read More... “Blast From The Past: The New Economics of Marriage: More Men Marrying Wealthier Women”

Teen Marriages and the Push for Reform in Ohio

80% Of Teen Marriages End In Divorce, Teenage Brides At Risk For Abuse And Life Of Poverty

Are Teen Marriages Doomed To Fail?

If you ask someone the percentage of marriages that end in divorce, it’s likely that they will tell you 50%. If this is true, and 1 in 2 unions will eventually end, then clearly couples that get married have an uphill battle to make it last. On top of the typical hurdles that a marriage will have to overcome, a couple that chooses to marry while teenagers face an even more daunting task.

Dayton Daily News Investigation

In a study conducted by College of William and Mary law school, 80% of teen marriages ended in divorce. Click here to read the study. In the face of such sobering statistics, Ohio has seen a recent push to change the age that teens are allowed to legally marry. Currently, the law requires that females be at least 16, while males must be 18 to marry without judicial consent. That being said, there are exceptions made for younger, pregnant teens, if they have parental consent and juvenile court approval.

An investigation by the Dayton Daily News demonstrated that … Read More... “Teen Marriages and the Push for Reform in Ohio”

Divorce: Study Finds That Being Promoted May Double a Wife’s Chances of Getting Divorced

Divorce Rate Increases With Reassignment Of Responsibility According To Study

There are many reasons why a couple may file for divorce. According to a new study, marriages with “traditional” gender roles – meaning the woman’s job takes a backseat, and the man is the breadwinner of the house – tend to fall apart if the woman finds herself in a more successful career.

This study used 30 years of data from the Swedish register, which followed job seekers before and after promotions. They also used divorce rates among women who were elected to a public office, and those who lost, compared with that of elected men. Could it be that the wife’s promotion is more unexpected in a relationship that values the husband’s role? Maybe the wife’s promotion causes more stress in the relationship due reassignment of responsibility? Or possibly women chose to leave a relationship that doesn’t offer flexibility and support for her career development?

MARRIED WOMEN ARE TWICE AS LIKELY TO GET DIVORCED WITHIN 3 YEARS OF A SIGNIFICANT PROMOTION…

This study took place over the course of 30 years, with the average age of participants being 50 years, and the average length of marriage being … Read More... “Divorce: Study Finds That Being Promoted May Double a Wife’s Chances of Getting Divorced”

WHAT’S THE DIFFERENCE BETWEEN A DISSOLUTION AND DIVORCE IN OHIO

Marriages In Ohio Can Be Ended In One Of Two Ways, Dissolution Or By Divorce

A dissolution and divorce in Ohio is different than most states. In most states, those terms can be used synonymously, but they are alternate proceedings with different statutory regulations in Ohio. Marriages in Ohio can be ended in one of two ways – by divorce or by dissolution.

Dissolution

A dissolution proceeding is the quickest and easiest of the two methods to terminate your marriage, but in order to proceed with a dissolution there are certain considerations that must be met. Primarily, there must be a total and full agreement signed by both parties as to ALL terms of the dissolution. This means that both parties have to have a full agreement on all issues, including alimony, custody, child support, division of assets, debt allocation, division of household goods and furnishings, etc. There is no subpoena power available, which means both parties must exchange all financial information voluntarily.

If such an agreement cannot be reached on ANY issue, then a dissolution proceeding is not appropriate. In addition, restraining orders are not available to be issued in a dissolution action. Any party wanting to proceed with … Read More... “WHAT’S THE DIFFERENCE BETWEEN A DISSOLUTION AND DIVORCE IN OHIO”

Page 36 of 71

1 … 34 35 36 37 38 … 71