Robert L. Mues, Author at Ohio Family Law Blog

Blast From The Past: I Want to Keep the House, But Should I?

Blast from the past 13 years Ohio Family Law Blog

PUBLISHER’S UPDATE: Here is one of my favorites posts from back on March 29th, 2008! 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!

This is one of the questions I am asked all of the time. Of course, the correct answer is “It depends.” The home often accounts for a large percentage of the entire marital estate. Whether to retain the home after a divorce is often a very emotional issue, especially if there are children involved. It is natural that parents want to maintain as much stability for their kids as possible when going through a break up. One would assume that keeping the kids in the marital residence after the divorce is important. But interestingly, the psychological studies show that divorced children are not really affected by the retention of the marital home. The key factor is the stability of their parents, not what house they live in.

Is It Feasible To Pay The Mortgage, Taxes, And Utilities After Divorce?

It is important to realize that unlike spousal and child … Read More... “Blast From The Past: I Want to Keep the House, But Should I?”

The Correlation Between One’s Occupation & the Rate of Divorce

5 cocktails in front of man with arms crossed

Many Factors Contribute To High Divorce Rates Including Profession And Occupations

Although many people are choosing to marry later in life, divorce rates are still very high. There are many factors that contribute to divorce, including income, education, race, age, and profession/occupation.

By using data from the 2015 American Community Study, Dr. Nathan Yau, a statistician from UCLA, calculated the divorce rate of people from dozens of different occupations.

Which careers have the highest rate of divorce?

Dr. Yau’s findings concluded that occupations with the highest divorce rate are those that are centered on nightlife and those that require extensive travel (Gaudette, 2017). More specifically, Bartenders and Casino Workers were at the top of the list. Three factors could be to blame for the incredibly high rate of divorce for these two occupations: late nights surrounded by strangers and alcohol, a different every day schedule, and whether or not the bartender is bringing home a stable income.

We know that alcohol clouds a person’s judgment and impairs their ability to make good choices, so when a person is around alcohol night after night; it is more likely that they will make some questionable decisions.

While a bartender works late … Read More... “The Correlation Between One’s Occupation & the Rate of Divorce”

October is Domestic Violence Awareness Month – How Can You Help?

sad lady beside a lighted decorative star

10 Tips to Have an Informed Conversation About Domestic Violence

October is domestic violence awareness month. Unfortunately, at one time or another we have all come across situations of domestic violence. As a divorce lawyer, I see examples of its tragic effects all the time. In Dayton we are very fortunate to have the Artemis House resource to assist victims of domestic violence!

In order to help spread awareness about this terrible situation, I have posted below the “10 Tips to Have an Informed Conversation About Domestic Violence” published by the National Network to End Domestic Violence (NNEDV) https://nnedv.org/. Also, at the end of this article, I have share links to some of the prior articles we have published on this topic on the Ohio Family Law Blog in the past. Let’s all do our part to help eradicate domestic violence throughout society!

NEVER victim blame.Abuse is never the victim’s fault. As a society, we continue to place blame on victims by asking, “What did she do to deserve that?” or “What was she wearing?” or “Why was she there?” or “Why couldn’t she just keep her knees together?” Yet we do not ask these questions to

Blast From The Past: Preventing a Parentectomy After Divorce

How To Prevent A Parentectomy After Divorce

PUBLISHER’S UPDATE:
Here is one of my favorites posts from back on June 27, 2009! 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!

One of the most interesting and well written pieces that I have read in a long time is a keynote address presented by Dr. Frank S. Williams to the National Council for Children’s Rights in Washington D.C. on October 20, 1990. Dr. Williams is a noted child psychiatrist and the Director of Family and Child Psychiatry at Cedars-Sinai Medical Center in Los Angeles. While this presentation was almost 19 years ago, Dr. Williams’ sage advice is no less relevant now than it ever was!

During my 31-year law career, I have focused a large part of my efforts both professionally and as a member of various community organizations and non-profit Boards towards diverse child-welfare related causes. So with that stated background, I whole-heartedly encourage everyone to read Dr. Williams’ presentation in full, by clicking here.

I will attempt to capsulate some … Read More... “Blast From The Past: Preventing a Parentectomy After Divorce”

Internet Evidence In Ohio: Will It Hold Up in A Court of Law?

In this day and age, where children can operate their parents smart phones before they can read, where sending a hand-written letter has been replaced by a text, and where anything you could ever want to know is just one Google search away, it is not surprising that technology and the internet have found their way into our court systems. And with all this material so readily available, it begs the question . . . will information found on the internet hold up as evidence in a court of law?

In Ohio, it seems that it depends on the situation. In Bank of Am., N.A. v. Miller, the Second District Court of Appeals was asked by the Plaintiff to take “judicial notice,” and therefore accept factual information found on U.S. Bank’s website.

The Court explained that in order for it to take judicial notice, Ohio courts generally will only do so if a party is unable to deny the information that is posted on the website. In addition, if a party is seeking to use a website document as evidence, it will only be admitted if it fits within an exception to the hearsay rule. For example, in Hess … Read More... “Internet Evidence In Ohio: Will It Hold Up in A Court of Law?”

GAL: Should a Guardian Ad Litem Be Required to Obtain a Release of Information From the Parties Involved?

man walking in woods with young daughter

In Ohio, a guardian ad litem (GAL) (also known as a CASA- court appointed special advocate), is appointed by the court to assist a domestic or juvenile court in determining what is in a minor child’s best interest. A GAL does this by reviewing court pleadings, requesting and reviewing records of the necessary parties and children involved, speaking with witnesses, and conducting studies and interviews of the children at home and at school. Because the GAL does not represent either party in the case, it is believed that through their independent investigation they will be able to recommend to the court what outcome is the best for the children.

A critical part of the GAL’s investigation is reviewing the records of the parties involved. Therefore, in Ohio, when the court appoints a GAL to a specific case, the order issued makes it clear that the GAL has the power to review these otherwise confidential documents, and make copies if necessary. The court order usually states that it complies with the Health Insurance Portability and Accountability Act (HIPPA) regulations and states:

“Upon presentation of a copy of this court order, issued in compliance with 45 C.F.R. 164.512, to any agency, hospital,

Blast From The Past: Fathers are Indeed Important!

PUBLISHER’S UPDATE – Blog Originally Published on January 16, 2010: It is time for another “BLAST FROM THE PAST!” After Court recently, my client thanked me and reminded me about writing this Blog about his case seven and a half years ago. I was once again representing this father in the same rural Ohio Juvenile Court. The child is now 13+ and about to start the 8th grade but really wanted to move out of Ohio to live primarily with Dad and his family and attend school in North Carolina. Dad’s perseverance once again paid off! After a very strong guardians report, the parties agreed to a 1 year trial period for their child to move to the Tar Heel State. This child is indeed blessed to have 2 excellent, loving, and caring parents willing to try to do what is in the child’s best interest! Good parenting by Dad and all his love and his fortitude did once again pay off!

A large body of research overwhelmingly suggests children do best when they have both a mother and a father involved in their lives. Specifically, children whose fathers participate in raising them do better in school, are less likely … Read More... “Blast From The Past: Fathers are Indeed Important!”

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