Blast From The Past: Divorce: 6 Reasons Hiring A Therapist May Help Your Case!

Blast from the past 13 years Ohio Family Law Blog

PUBLISHER’S UPDATE: Here is one of my favorite divorce posts from back on December 19th, 2015! The advice rings as true now as it did then…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!

divorce therapistObviously going through an unexpected or difficult divorce can be one of the most stressful experiences in an individual’s life.  While many clients can navigate the process unassisted without professional help, others really cannot.  Some people think that they can talk with family members or friends to help pull them through.  Typically, however, those who are deeply distressed really need professional help by a therapist to guide them through the entire process and transition to their life post-divorce.  Many people view having a therapist or counselor as a sign of weakness.  It certainly is not.  My experience as a divorce attorney for over 35 years is that when the attorney and therapist work together, it can often eliminate years of paralysis for a client.

How Hiring a Therapist Can Have A Profound Effect On The Resolution Of Your Divorce Case

In thinking through this and in preparation of … Read More... “Blast From The Past: Divorce: 6 Reasons Hiring A Therapist May Help Your Case!”

New Year, New Divorce? Things to Consider First!

Scrabble letters spelling divorce

divorce januaryExperts say that January is the most popular month of the year for couples to file for divorce in Ohio. With the hustle and bustle of the holidays (Thanksgiving and Christmas), it is common for couples to put off their divorce plans until after the first of the year. Even though many couples are struggling with their marriage before the holiday season, they tend to push back getting a divorce in order to make the holidays more enjoyable and memorable for their kids.

According to Cathy Meyer, who founded DivorcedWomenOnline.com and is a certified divorce consultant stated, “Dissatisfied husbands and wives begin searching for information on divorce immediately after the holidays”. She has experienced a huge increase in page views and searches the day after Christmas. People start looking for information before the New Year starts, but they cannot do much until the attorneys are back in the office, making January 12-16 the magic week for filings.

Courtney Stovall, founder of BounceBack.com, says that while it may be important to realize popular times for divorce filings, one should not ignore the heartbreak in the off months. “Statistically, sure several studies have come out that show that January has the … Read More... “New Year, New Divorce? Things to Consider First!”

New Insurance Product to Guarantee Child and Spousal Support Payments During Unemployment

man with empty pockets

spousal support unemploy1:42 AM 1/13/2018ment benefitsOften times when a couple divorces, a court will order one party to pay spousal support in Ohio and/or child support if there are minor children involved.  And while it can seem that every, last detail from property division, to health insurance and retirement benefits is hammered out in the final decree, there may be an area that is too often overlooked.

What happens if the party obligated to pay child or spousal support suddenly becomes unemployed?  Then what?

The Great American Insurance Group now offers Marital Settlement Agreement Insurance (“MSAI”), to insure divorce obligations during periods of unemployment.  The program, which has been 40 years in the making, was developed by Richard S. Zizian, J.D., of the Zizian Agency in San Diego, California.  It is now available in all states except Hawaii and Alaska.

Insurance Group Offers Spousal Support And Child Support Payments During Times Of Unemployment

In order to qualify, a person must be a full-time, W-2 wage earner.  The holder can choose to pay the premiums annually, quarterly or monthly.  The policy pays up to 24 weeks of benefits per year for child and/or spousal support payments.  In addition, it covers obligations ranging from $450 to $9000 … Read More... “New Insurance Product to Guarantee Child and Spousal Support Payments During Unemployment”

Divorce: Study Finds That Women are Twice as Likely as Their Husbands to File for Divorce

couples talking to counselor

divorce marriage studyThe Early Years of Marriage Project is an ongoing marriage and divorce study that began in 1986. As part of this project, researchers from the University of Michigan conducted a study in which they interviewed 355 married couples throughout the course of sixteen years.

Divorce study says tension and stress have a negative impact on marriage

Results from this study concluded that women are twice as likely as men to file for a divorce. Women typically entered their marriage with higher levels of tension caused by fights and disagreements, whereas men started off with a lower level of tension that increased over the course of their marriage. Researcher Kira Birditt of the University of Michigan, states that, “the association with divorce was greater if men reported low levels of tension when women reported a higher accumulation of tension” (Macdonald, 2017).

Are men to blame?

Kira Birditt believes that women may be more likely to divorce because of “a lack of investment towards the relationship on the husband’s part” (Macdonald, 2017). Whether or not men are to blame, tension and stress have a negative impact on marriage. Differences of marriage expectations from men and women may be the reason for … Read More... “Divorce: Study Finds That Women are Twice as Likely as Their Husbands to File for Divorce”

HIPAA Authorization Form: How to Ensure You Can Help Your Adult College Kids in the Event of a Medical Emergency

medical record

Ohio HIPAA Authorization Form

hipaa release form medical informationParents spend their entire lives worrying about, and trying to protect their children.  When they are younger, we try to teach them the necessary skills they will need to become a successful adult, and above all, keep them safe.

In Ohio, once a person turns 18 years old, they are no longer considered a “child” in the eyes of the law, though, for a parent, they will always be considered such.  Therefore, imagine the potential nightmare that could occur if your young, adult child were to be involved in an accident leaving them incapacitated, and the medical staff informs you that they cannot give you any information due to HIPPA regulations.

Download a sample Medical Information HIPAA Release Form For Your Adult Child To Complete

The Health Insurance Portability and Accountability Act of 1996 (HIPAA) is a federal law that safeguards who can access an adult’s private health information. Under this, a covered entity cannot technically share an adult’s medical data with others unless specifically authorized by the patient to do so.  Of course, like all things, there are exceptions to this rule.

According to 45 C.F.R. 164.510(b), a covered entity is allowed to … Read More... “HIPAA Authorization Form: How to Ensure You Can Help Your Adult College Kids in the Event of a Medical Emergency”

Prenuptial Agreements Trending with Millennials in Ohio

couple on park bench arms around each other

Survey reveals increase in the number of millennials requesting prenuptial agreements in the last three years.

prenuptial agreements millennials divorceIn a previous blog entry, Joseph Balmer discussed the need for antenuptial agreements as an effective, estate planning tool.  In his article, he explained how the mention of the word “prenup” can send a newly-wed-to-be into a frenzy, as such agreements have historically carried a negative connotation and often served as a buzz kill for happily engaged couples.

However, the millennial generation, ages 18-35, seem to be shaking up this archaic way of thinking.

In a recent survey conducted by the American Academy of Matrimonial Lawyers, 51% of the 1600 attorneys surveyed reported an increase in the number of millennials requesting prenups in the last three years. The “prenuptial agreement” is no longer a dirty phrase used by those couples expecting to fail, but rather it has become part of the norm and is viewed as a smart and efficient way to plan for a couple’s future.

Whether it’s because millennials are older when marrying and therefore have more to protect, or because they themselves are often children of divorce and are therefore predisposed to shielding their own interests, this new generation is … Read More... “Prenuptial Agreements Trending with Millennials in Ohio”

Divorce: 25 Details Often Overlooked in Negotiations…Plus 5 New Bonus Additions!

Blast from the past 13 years Ohio Family Law Blog

PUBLISHERS NOTE: This article on divorce was originally posted on January 19, 2013. I have now added the last 5 items. The list keeps evolving with the advances in technology and social media platforms and the advent of the legalization of same sex marriage. Thanks!

divorceAttorney Mark Chinn of Jacksonville, Mississippi, caught my attention with a divorce post to his family law blog about some items that are frequently forgotten in many divorce agreements. Mark is the author of three American Bar Association books about family law issues and is a frequent writer and lecturer in the field of family law.

The first eleven in the divorce list were Mark’s, the rest were some that I have added.

  1. Garage door openers
  2. Gate remote controls
  3. Extra keys to car and house
  4. Security codes
  5. Hotel credit card and airline points
  6. Utility and other deposits
  7. Tax and insurance escrows
  8. Car tag credits
  9. Overdrafts on joint checking accounts
  10. Dates to carry through insurance coverages
  11. Attorney’s fees paid with joint funds
  12. Real estate escrow account refunds
  13. Important days not addressed in the Court’s Parenting  Time Order
  14. Season ticket rights
  15. Country club membership and club access
  16. Storage unit details
  17. Dividing and copying family photos
  18. Copying documents,
Read More... “Divorce: 25 Details Often Overlooked in Negotiations…Plus 5 New Bonus Additions!”
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