DOMA: Same-Sex Marriage Rights Update

A Look At The Same-Sex Marriage Law And The Defense of Marriage Act (DOMA), One Year Later

DOMA Same-Sex MarriageA few weeks ago marked the one year anniversary since the Defense of Marriage Act (DOMA) was struck down by the Supreme Court of the United States.  This article aims to analyze changes and new laws that have arisen since this decision, discussing where the states and national laws stand in regards to same-sex marriages.

What was the DOMA ruling?

The decision regarding the DOMA law was released on June 26,2013.  The decision that struck down the Defense of Marriage Act had some implications; however, it did not require that states recognize or allow same sex marriage.  The significant portion of the DOMA ruling allowed for states that recognized same sex marriages at the time to be granted the same federal benefits as heterosexual marries couples. We posted this linked blog article on the Ohio Family Law Blog at the time of that historic decision.  At the time of the ruling, there were a total of 13 states and the District of Columbia that had legalized same-sex marriage.

Same-Sex Marriage Laws in States following the DOMA ruling

Since the DOMA ruling, … Read More... “DOMA: Same-Sex Marriage Rights Update”

4th Of July Family Memories: The Red Ones Are the Best!!!

Family Law Attorney Chip Mues Recalls A Remarkable 4th of July Vacation Set In Maine

4th Of July FamilyIt 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 and a family vacation was near. Having grown up in New Jersey, I loved cookouts with family, seeing friends at the pool, or even better, going “down the shore”. Riding the waves, salt … Read More... “4th Of July Family Memories: The Red Ones Are the Best!!!”

Animal Protection: New Bill Would Shield Pets From Abuse

Should Domestic Violence Protection Orders Protect the Family Pet Or Animal Against Abuse?

animal protection abuseA bill introduced in August 2013 would amend domestic protection order laws to include your furry friend.  The new (potential) law seeks to add “companion animal” to protective order abilities.   The new bill seeks to add the language…

The court may include within the scope of a protection order issued under this section any companion animal that is in the complainant’s or alleged victim’s residence and may issue additional orders as it considers appropriate for the protection of the companion animal, including any listed in division (D)(1) of this section. (SB 177: 2013)

This new added language grants courts the power to protect a victim’s animal from abuse.  This became a hot issue recently with 71% of women who entered battered or abuse shelters reporting that their batterer killed, injured, or was abusive to their animal companion.

The new bill would grant judges the ability to order a multitude of protections regarding pet abuse.  This may seem silly and excessive to some, but to pet owners this is long overdue.  The language that would be added by the new bill includes the following…

The court

… Read More... “Animal Protection: New Bill Would Shield Pets From Abuse”

Divorce and Your Mortgage Interest Tax Deduction

Consider Allocation Of Mortgage Interest Tax Deduction When Filing A Divorce Decree

divorce mortgage interest tax deductionIn Ohio, and elsewhere, you may be able to deduct the interest paid on the mortgage on your principle residence when filing your tax return.   A deduction is simply the lowering of your taxable income.  For example, if you make an adjusted gross income of 70,000 dollars and have paid 10,000 dollars in mortgage interest throughout the year, you’re taxable income before other deductions would be 60,000 dollars.

Regardless of whether you’re single or married, you’re able to claim your mortgage interest deduction on your itemized return.  When you file your return, you’re also required to list your filing marital status.  The IRS requires that you claim your marital status in accordance with your marital status on the “last day of the year.”  So you must have been married on December 31st of the year to file as “married” for that year.

There are two types of deduction schedules you’re able to file, an itemized or a standard deduction.  It only makes sense to file an itemized deduction only if your deductions exceed your standard allowance, which in 2013 reached $6,100 for an individual filing as a … Read More... “Divorce and Your Mortgage Interest Tax Deduction”

Parents Behavior During Divorce Can Often Lead To Child Favoritism

Behavior Dangers: Poll Reveals Financial Or Marital Stress Can Affect Parents Behavior Toward Their Child

parents behavior child childrenA recent 60 minutes “vanity fair poll” discussed numerous situations in which parents discussed their feelings, and opinions regarding their children.  The poll consisted of calling 1,000 adults nationwide and polling their opinion.

Some of the results were obvious, for example 90% of the parents polled stated that of all their children, they did not maintain a favorite, and all were equal in their eyes.  An article in Psychology Today discussed the dangers of not treating your children equal.  Stating often, a child personality and behavior play a large role in favoritism, in that parents often pick their “best” child.  This is also significant because once a child maintains the “favorite” role; this attention can mold their personality and behavior.

Another point the article makes is how stress, often financial or marital, can affect the way individuals approach their children, often creating a favorite, and reducing the ability to either mend a relationship or to show your true affection.

Another topic the poll considered was the “behavior blamed on parents” question, asking which behavior can most likely be blamed on … Read More... “Parents Behavior During Divorce Can Often Lead To Child Favoritism”

Internet Becomes First Choice For Attorney Searches

The Most Popular Way To Find An Attorney Is Through Internet Searches According To Survey

internet attorneyA recent survey conducted by Thomas Reuters (published by Findlaw.com) found that today more individuals prefer using the internet to find an attorney than any other method.  Of the individuals surveyed, 38% preferred to use the internet as a first choice to find their next attorney.  This percentage rose from 7% in 2005 to the current 38% in 2014.  The second choice, asking a relative or friend, dropped from its 2005 percentage of 69% to a mere 29%.

The advancement of the internet as a tool to find attorneys should come as no surprise.  The internet is booming in the United States and has continued to rapidly spread among all age groups in usage and access.  The United States ranks second worldwide in internet subscriptions (behind China) but ranks number one in the world with mobile access to the internet.  The full list can be seen here.   These numbers have been increasing drastically over the past few years, but are not the only significant impact on individuals using the internet to find attorneys.

One other large factor in this increase must be attributed to … Read More... “Internet Becomes First Choice For Attorney Searches”

International Divorce: Hague Convention Abduction Report Issued

Hague report lists countries who are not compliant; seek experienced International Divorce and Abduction Attorneys as early as posibile.

International Divorce Hague AbductionThe U.S. Department of State Office of Children’s Issues has now submitted its annual report pertaining to compliance problems on international abduction matters for 2013. This “compliance report” identifies countries that are “Not Compliant with the Convention” and countries that show “Patterns of Noncompliance with the Convention”.   This 51 page report lists cases that have remained open and active for 18 months or more after the convention application was filed.  The report also lists countries with Convention enforcement concerns.

Highlights include:

  • Costa Rica, Guatemala, and Honduras were determined to be “non-compliant” with the Convention.  Both Costa Rica and Guatemala demonstrated non-compliance in the areas of judicial and central authority performance.  Honduras demonstrated non-compliance in the areas of judicial, law enforcement, and central authority performance.
  • Brazil and the Bahamas have showed “patterns of noncompliance” with the Hague.  Bahamian courts improperly treat Hague cases as custody matters, not in an expedited fashion that is required.   Brazil’s issues seem to center with the long court review process, problems locating the child and all the permitted appeals.
  • Four countries were categorized as “Countries with
… Read More... “International Divorce: Hague Convention Abduction Report Issued”
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