Robert L. Mues, Author at Ohio Family Law Blog

Divorce Matters in Ohio: Limited Representation

Hire A Divorce Attorney Or Save Money With Limited Representation?

divorce limited representation When married couples decide on a divorce, a number of things can happen. When one party decides to file for the divorce, they can either attempt the divorce pro se (without a lawyer) or hire an attorney. There is another option.

The middle ground occurs when firms and divorce attorneys offer “unbundled legal services.” This is also called “limited scope representation” and occurs when a divorce attorney or firm reviews or creates the documents, and informs the pro se filer when and where to file, but does not offer any other legal advice. Essentially sending you on your way with a “complete” divorce packet.

After the documents are prepared, the divorce can continue without attorney representation.

Limited representation arrangements are relatively new in Ohio. While designed to help consumers with “low cost” representation options in simple divorces cases, they can also create a quagmire between the Ohio Rules of Professional Conduct and a lawyer’s duty to represent their client to their fullest ability. According to the ORPC 1.2, an attorney and client may limit the scope of the attorney’s representation given that the limitations are “reasonable.”

The “reasonableness” factor … Read More... “Divorce Matters in Ohio: Limited Representation”

Paternity Establishment in Ohio – Parenthood Outside Of Marriage

Acknowledgment Of Paternity Is A Legal Commitment To Parenthood

paternity Birth of a child.

When a child is born, a few things happen that determine parenthood. Obviously, the mother is known instantly. After the birth, the natural mother and alleged father sign an “acknowledgment of paternity affidavit” at the hospital or a local child support enforcement agency. The execution of it is notarized.

After the acknowledgment of paternity affidavit is signed and notarized, it is sent to the office of child support. Once the office receives this paternity document, it must send it out after no later than ten (10) days to be corrected by the parents. After all these paternity documents have been completed correctly, the department will enter the information into the birth registry, officially cementing the natural mother and alleged father as the parents of the child.

Oh No! You’re not the father, what now?

What if, following the filing and registering of the birth information listing you as the father, you discover that you’re not the father?

The Ohio Revised Code lists specific circumstances that must occur in order for you to rescind your acknowledgment of parenthood. These circumstances are as follows…

Not later than SIXTY days

Name Change For Child – Disputes Between Unmarried Parents

General Factors Ohio Courts Consider When Unmarried Parents Clash Over A Child’s Name Change

The process of changing your child’s last name (name change) can be quite involved. If there is a dispute between unmarried parents as to their child’s surname, there are some general name change factors that Courts in Ohio consider.

Changing the Name of a Juvenile Child

Bobo v. Jewell, the court described their review process for determining the surname of a child born to unmarried parents. The elements to be considered in a name change were:

Length of time that the child has used a surname;
The effect of a name change on the father-child relationship and on the mother-child relationship;
The identification of the child as part of a family unit;
The embarrassment, discomfort or inconvenience that may result when a child bears a surname different from the custodial parents;
The preference of the child if the child is of an age and maturity to express a meaningful preference; and,
Any other factor relevant to the child’s best interest. Courts should consider only those factors present in the particular circumstances of each case.

Timothy Bobo and Christina Jewell had a child while unmarried. Their … Read More... “Name Change For Child – Disputes Between Unmarried Parents”

Engagement Ring Blues

Who Keeps the Bling After a Break-up? Engagement ring ownership is defined under Ohio law.

engagement ring At 18 years old, Johnny and Patty are in love. Johnny has been dating Patty for almost 4 years. Upon graduating high school, both decide to attend a four-year college in Dayton, Ohio. Johnny and Patty decide to take all the same classes and spend nearly every waking minute with each other. The summer prior to moving, Johnny approaches Patty’s parents and asks if he can propose. Patty’s parents grant permission, believing the two to be inseparable. Johnny, who recently fell into some money from an inheritance, decides to purchase a $25,000 dollar, (3-carat) solitaire ring. He absolutely loves the ring, and upon asking Patty to marry him, she immediately accepts. Three weeks into the engagement, Patty and Johnny have a severe argument about their hometown sports team and, believing their differences to be too severe, decide to call off the engagement. Patty tells Johnny she doesn’t plan on returning the engagement ring and is hoping to sell the ring and pay for a semester of college tuition. Johnny runs home and tells his mother, who is an outstanding divorce and property lawyer in the … Read More... “Engagement Ring Blues”

Pet Custody in Ohio

Who Retains Custody Of The Family Pet In A Divorce?

pet Many people consider their pets an integral part of their family. When two people divorce, the fight over the family pet can often turn into a bitter battle. In response to these feelings towards pets, a growing number of states have enacted statutes providing for the custody of the family pet.

Traditionally, courts have treated pets as a form of a chattel. The Ohio Revised Code § 955.03 follows the traditional view stating that a dog “shall be considered as personal property”. This treatment as personal property results in the “custody” of the household pets to be determined during the division of marital property. If the parties to a divorce are unable to agree as to who will retain ownership of the pet, the court is likely to determine who the pet goes to just like any other item of personal property. Many people have found this treatment of pets to be cold. Notwithstanding the fact that pets are treated as personal property, a court has wide discretion when making a division of marital property. A court may consider a number of factors such as who paid for the … Read More... “Pet Custody in Ohio”

Spy on My Spouse? Is It Legal In My Marriage?

Avoid Legal Trouble, Consult With An Experienced Family Attorney Before You Spy On Your Spouse!

spy A husband or wife can get themselves into some messy legal situations when they spy on their spouse. Often, the best way to combat this situation is through communication. Clearly, if you’re suspecting your spouse of somehow breaking the marriage vows, then you’re faced with trying to improve communications (at the very least). Perhaps entering into marriage counseling together would be beneficial. If these efforts have failed, there are a few steps you can take to avoid criminal situations when it comes to spying on your spouse.

Tape-Recording:
Tape recording is a tricky technique to master. The Federal Wiretapping laws allow for some type of recording, but in order to satisfy this statute and avoid criminal prosecution, you must follow specific steps. You have to make sure that you’re only recording your spouse in conversations to which you’re a party. You CANNOT record your spouse speaking with another person.
In Home Surveillance:
Videotaping inside your home is permissible under the law. This situation has arisen in a few cases in Ohio, and the courts seem to have a hazy grasp on it. In some

Divorce in Ohio: Can the Court Order an Unequal Property Division?

Might You Be Entitled to a Distributive Award of Property in Your Divorce Case?

divorce What Constitutes Normal Property Division in a Divorce?

When a divorce occurs, property and assets are to be split equitably by the Court which typically involves a 50/50 split. This approach generally covers all property obtained during the marriage. This is true regardless of the basis (or grounds) for the break-up of the marriage.

What Happens if One Spouse Commits Financial Misconduct?

Unfortunately, sometimes a party anticipating a divorce will commit acts of fraud, concealment or transfer property to avoid dividing any assets. When this type of conduct occurs and it can be sufficiently proven, courts may order an unequal division of property and issue a “distributive award”. The courts are given broad discretion in deciding how to separate the assets, and this discretion is given significant deference on review by appellate courts.

Statutory Definition Regarding Property Division in a Divorce:

ORC 3105.171 states that in a divorce or dissolution:

“(3) The court shall require each spouse to disclose in a full and complete manner all marital property, separate property, and other assets, debts, income, and expenses of the spouse.”

The statute clearly states a very … Read More... “Divorce in Ohio: Can the Court Order an Unequal Property Division?”

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