Robert L. Mues, Author at Ohio Family Law Blog

Life Insurance Policies on Ex-Spouses: Can and Should a Divorce Court Allow These?

Spousal Support Can Be Secured With A Life Insurance Policy

In today’s world, it is not uncommon for married spouses to take out life insurance policies on one another. Of course, if you’re happily married, you hope and pray that you’ll never be in the place of having to cash one in. Nevertheless, such policies provide some “peace of mind” that should the unthinkable happen, the financial burden caused by such a tragedy may be a little easier to bear.

So, having a life insurance policy on your spouse makes sense, right? But what about having a life insurance policy on your ex, or soon-to-be ex-spouse? Can and should a divorce court allow this?

Many people would argue that in divorce cases where child support or spousal support is ordered, it is smart to have a life insurance policy in place on the parent who is obligated to pay. By doing so, it ensures that the children or receiving spouse will be supported even if the other spouse dies.

Therefore, it is fairly common for a spouse who wants to guarantee support, to request that their soon-to-be ex-spouse carry a policy naming them as the beneficiary.

Life insurance policies guaranteeing … Read More... “Life Insurance Policies on Ex-Spouses: Can and Should a Divorce Court Allow These?”

Blast From The Past: Hitting The Airwaves With “Big George” On The BBC

Blast from the past 13 years Ohio Family Law Blog

“The experience being interviewed by celebrity “Big George” of the BBC radio in London was really a memorable and fun one! George had read a blog article of mine which he seemed to really enjoy. “Big George” Webley seemed like a cool guy and had a wild wit and great sense of humor. He asked me a couple hilarious questions during the interview which got me laughing. After this episode, I only talked with him 1 other time. Sadely, “Big George” passed away on May 7 2011, at the young age of 53. To the power of the internet and the reach of the Ohio Family Law Blog, I say thank you for creating this blast from the past! May you rest in peace “Big George”.

England is trying to catch up with Ohio and the rest of the United States when it comes to Family Law. Until a landmark case last week, the courts in England and Wales put little, if any, weight on the terms of prenuptial agreements. Prenuptial agreements (also called antenuptial agreements) in one form or another have been around for a very long time. The Supreme Court of Ohio in 1984 held in Gross v. … Read More... “Blast From The Past: Hitting The Airwaves With “Big George” On The BBC”

Same-Sex Marriage Alert: U.S. Supreme Court Ruling on Birth Certificates

Supreme Court Rules States May Not Treat Same-Sex Marriage Couples Differently From Others When Issuing Birth Certificates

On Monday, June 26, 2017, the United States Supreme Court reversed a decision from the Arkansas Supreme Court. The decision that was just overruled by the United States Supreme Court was monumental in that the Supreme Court reaffirmed its 2015 decision, Obergefell v. Hodges, recognizing constitutional rights to same-sex marriage. The Supreme Court ruled that states may not treat married same-sex couples differently from others when issuing birth certificates. The case in question, Pavan v. Smith, concerns an Arkansas law that treated same-sex couples differently than opposite sex-couples.

In Pavan, married lesbian couple had jointly planned their child’s conception by means of an anonymous sperm donor. However, when the parents went to list both moms as parents on the birth certificate, Arkansas state officials would only allow the biological mom to place her name on the certificate. Unfortunately, under Arkansas law, same-sex couples were unable to have a same-sex spouse listed as a parent, whereas an opposite-sex couple could automatically have a non-genetic father listed on the birth certificate. The court ruled this unjust as there was a violation … Read More... “Same-Sex Marriage Alert: U.S. Supreme Court Ruling on Birth Certificates”

Blast From The Past: The Red Ones Are the Best!

“The Ohio Family Law Blog has continuously been posting information about divorce and family law topics since 2007. We are frequently asked about articles in our archives. So that got us thinking, perhaps it might be fun to occasionally repost a “Blast From The Past”…SO, IT’S BLAST OFF TIME!

It seemed appropriate that I should write something for the family law blog geared towards the “Birthday of America”. In the past, I liked to reflect upon the holidays and tried to find some correlation between the specific holiday and my family law practice. Not always an easy task without becoming repetitive in discussing how to celebrate the day in the aftermath of a traumatic divorce. So, as I pondered possible themes, I considered offering a bit of a twist on “Independence Day”. Or, perhaps, writing a patriotic post about America and the importance of family values. In the end, I decided to go in a different direction.

As I think about this holiday, it brings back many fabulous memories. As a child, it was in my top two or three yearly holidays. I loved that it was the official start of summer and school was over. Warm weather was here … Read More... “Blast From The Past: The Red Ones Are the Best!”

Gender Equality: U.S. Supreme Court Rules for Unwed Mothers and Fathers

Supreme Court Rules Federal Citizenship Rules Unconstitutional, Gender Equality Prevails

Recently the Supreme Court has made a ruling that has progressed society forward and upheld gender equality. On June 12, 2017, in the case of Sessions, Attorney General v. Morales-Santana, the Supreme Court ruled that the current federal citizenship rules were unconstitutional. Justice Ruth Bader Ginsburg wrote for the majority. This decision is a major victory for the justice, who for 20 years battled unsuccessfully for equal treatment of men and women seeking to pass citizenship on to their children.

The current federal citizenship rules state that a child born to an unwed mother automatically becomes a citizen of the United States if the mother previously lived in the United States for at least one-year. However, if a child was born to an unwed father, that child could not become a United States citizen unless the father had lived in the United States for at least five continuous years and two of which the father had to be over the age of 14. In essence, an unwed mother’s child was given preferential treatment over an unwed father’s child.

Supreme Court Enacts New Rule In The Case Of Gender

Prenuptial Agreement: How to Ask for a Prenuptial and Avoid a Break-Up!

prenuptial divorce Prenuptial agreements are daunting to bring up to one’s significant other and many individuals fear bringing up the topic. Many individuals worry that the prenuptial discussion will cause problems, such as making their significant other feel as if they are not trusted or as if there is an anticipation of a divorce in Ohio via a lack of commitment. However, research has shown that having a prenuptial agreement may in fact strengthen a relationship. Did you know that According to a survey of the American Academy of Matrimonial Lawyers (AAML), 63 percent of divorce attorneys say they’ve seen an increase in prenuptial agreements over recent years? This is NOT just a male thing either. Forty-six percent of these lawyers also noted an increase in the number of women initiating requests for prenuptials.

Moreover, there are benefits that may arise from having a prenuptial such as:

A prenuptial can simplify a divorce by addressing the subjects of spousal/child support, the division of debts and assets, and so on…
A prenuptial can also reduce the cost of a divorce simply because it hopefully removes almost all costs associated with a divorce trial (attorney’s fees, court costs, document fees, etc.)

I strongly suggest … Read More... “Prenuptial Agreement: How to Ask for a Prenuptial and Avoid a Break-Up!”

Divorce: Does an Unequal Allocation Household Chores Lead to a Divorce?

Does an Unequal Allocation Household Chores Lead to a Divorce? Studies says yes…and no!

divorce household chores To have a successful marriage there are several factors that need to be considered such as being honest with your spouse, being respectful of your spouse, being loyal to your spouse, and, a more recent trend, splitting household chores with your spouse. This last one may seem out of place, but according to research from Pew Research Center Religious Landscape Study more than half of married individuals feel that sharing household chores is important for a successful marriage. Another study, led by Michael Rosenfield, Associate Professor of Sociology at Stanford University, discovered that women are more likely to seek a divorce due to their frustration when their husbands do not “pull their weight.” Read the study here.

Historically, gender roles in our society have dictated how men and women act. For example, women have been the ones to do the household chores while men went out into the workforce and were the “breadwinners.” However, we now live in a time where both men and women work; thus, it would only make sense that household chores were split as well. Most of the time that is … Read More... “Divorce: Does an Unequal Allocation Household Chores Lead to a Divorce?”

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