Robert L. Mues, Author at Ohio Family Law Blog

The Mediation Process in Montgomery County Domestic Relations Court

Alternative dispute resolution can be a wonderful tool in divorce cases. Montgomery County’s Domestic Relations Court, along with many other divorce Courts, have adopted mediation conferences as a voluntary or, in some cases, mandatory prerequisite to trial. I am focusing this article on how that process works in Montgomery County.

So one might ask, “What is mediation?” In this context it is essentially a way of resolving disputes between the husband and wife and to hopefully eliminate issues in the divorce case. In Montgomery County there are two neutral mediators (facilitators) involved in the session(s). One is a lawyer who has experience as a divorce court magistrate and the other has a family services social worker background. They work to assist the parties to negotiate their own settlement. They can let the couple know what the laws are, but not give legal advice, and try to guide them through the complicated process in a way that helps them find solutions.

Lawyers may or may not attend the mediations. The sessions are completely confidential. No notes or writings generated by the parties or their lawyers in the mediation are allowed to leave the room. The mediators will generate a report indicating … Read More... “The Mediation Process in Montgomery County Domestic Relations Court”

A Child’s College Education – Often a Hidden Cost in Divorce!

A divorce often leads to many changes within a family. Recognizing this fact is extremely important, especially when children are involved. Divorcing parents should ask themselves each step of the way what they can do to minimize the negative impact on their children. Parental funding of a child’s college education often becomes a casualty in the process.

A recent study published in the Journal of Family Issues which was led by Ruth N. Lopez Turley, an associate professor of sociology at Rice University, confirms a major disadvantage for children from divorced families: Kids whose birth parents divorce get less financial help with college costs, even if their parents remarry, the study finds.

Parents who stay married to each other meet 77% of the tuition costs and contribute about 8% of their income to their child’s college expenses, according to the study of 2400 undergraduate students. Not surprisingly, especially to most divorce lawyers, parents’ contributions to college costs fall after a divorce. Divorced parents meet only 42% of their children’s financial needs and contribute only about 6% of their income.

But divorced parents who later remarry continue to lower funding levels meeting just 53% of their children’s needs and … Read More... “A Child’s College Education – Often a Hidden Cost in Divorce!”

Marital Torts in Ohio … A Primer

I posted a blog article titled Sexually Transmitted Diseases and Alimony Proceedings on October 16, 2010. In it I promised a follow-up article discussing the status of Ohio law concerning domestic or marital torts.

In Ohio, like in most states, interspousal tort immunity has been abolished. A person may bring a personal injury action against his current spouse or between a former spouse for personal injury which occurred during the marriage. Marital torts can include any claim for personal injuries and are often referred to as domestic or marital torts because they are torts that occur within the family context, such as between spouses. Marital torts, moreover, can be lodged in connection with intentional or negligent acts, including the transmission of sexual diseases, psychological distress and emotional injury, slander and libel.

As in all torts, there must be a violation of some duty owed to the plaintiff, and generally that duty must arise by operation of law, not merely an agreement between the parties. Torts are civil actions arising from the conduct, deliberate or careless, of one individual in dealings causing harm or damage to another; and they also arise as a result of intent or negligence. Intentional torts, which … Read More... “Marital Torts in Ohio … A Primer”

Tips on How to Prevent and Handle a Lost Child Situation

My wife and I have raised two (2) sons and we personally experienced the terror of a child becoming lost in a public place. Fortunately, ours ended like most of these situations with our son being located and returned safely. So, that being said, I want to thank Keith Kepler, the Vice President and General Manager at AlliedBarton Security Services, for sending the Ohio Family Law Blog these important tips about protecting our children from becoming lost or missing. I think that his advice is spot-on. Please take a moment and read his practical suggestions:

A lost child is a parent’s worst nightmare. As families plan to spend more time outdoors, on vacation and in busy public places this summer, it is important to be prepared. A survey of parents by the Center to Prevent Lost Children showed that 90 percent of families will experience losing a child in a public place at least once, and 20 percent said it has happened more than once. The United States Department of Justice reports that more than 300,000 children become temporarily lost for at least one hour, but the good news is that a majority of those children are quickly found and … Read More... “Tips on How to Prevent and Handle a Lost Child Situation”

Tips to Help Avoid the Summer Parenting Blues…

Summers can be a difficult time for parents separated from their children for extended periods of time. Ann Dunnewold, Ph.D., author of Even June Cleaver Would Forget the Juice Box, gave the following tips to Parenting magazine about ways to keep in contact with children away from home during the summer:

Use your cell phone. Although the idea of entrusting a cellular device to your 6-year old (never mind kids younger than that) is appalling to many parents, allowing a child to have access to his or her mother or father’s voice is a simple and effective way to stay connected. If the babysitter or another parent is with the child while you are not, simply ask them to cooperate and lend the child their phone. A study conducted at University of Wisconsin-Madison shows that girls who talked to their mothers via phone felt calmer and happier as those whose mothers were physically available for hugs. Hearing a parent’s voice lowers a child’s cortisol (stress hormone) and released oxytocin, a hormone associated with physical contact.
Make a recording. If you know you’re going to be stuck in a closed conference all day, make a recording of yourself reading your

The UK Mourns the Passing of “Big George” Webley

I was saddened to learn that George Webley, the host of the weeknight program on BBC London 94.9, died on May 7, 2011, at age 53. BBC London 94.9 Editor David Robey said, “Big George lived up to his name in every sense, a larger than life character with a radio personality to match. He was a truly distinctive broadcaster who will be terribly missed by his many devoted listeners and his colleagues.” He also had a long career as a musician and composed TV theme tunes, including “Have I Got News For You.”

I personally had the pleasure to appear as his guest on his show in July of 2009. As an American divorce lawyer, I was asked to share my perspective about the use of prenuptial agreements in the United States in light of a recent ruling that legalized their use in England. It was truly a fun experience for me to chat with “Big George.” His sense of humor was wickedly funny and his charisma apparent! Here is a link to the video of a late-night vigil after his death near the BBC studios, led by over 300 London taxi drivers who saw “Big George” as one … Read More... “The UK Mourns the Passing of “Big George” Webley”

The Lawyer You Choose May be More Important Than You Think…

This represents the third collaboration between Psychotherapist Donna F. Ferber, LPC, LADC, and myself. We both had remarked to the other about the important role that the therapist and attorney play in a divorce proceeding. Donna suggested that we both write about our perceptions on that subject. Instead of each of us writing about the merits of our own profession, we switched roles. I wrote about the importance of therapy during a divorce and Donna addressed considerations for picking a good divorce attorney. We hope this perspective provides the reader with additional information and insight regarding the need for professional support during this challenging and life-changing experience. Be sure to spend time exploring the excellent articles she has written. Her insights are terrific! Donna, as in the past, the collaboration was a lot of fun!

Here is her article:

Most women take more time picking out a winter coat than a divorce attorney. You wouldn’t think to buy the first coat you try on and yet many hire the first lawyer they meet with! Given that divorce costs are more in line with a new car than a winter coat, it is in your best interest to make sure the … Read More... “The Lawyer You Choose May be More Important Than You Think…”

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