Marital Torts in Ohio … A Primer

mar_torts.jpgI 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

lost_child_situation.jpgMy 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:

  1. 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. 
  2. 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
Read More... “Tips to Help Avoid the Summer Parenting Blues…”

The UK Mourns the Passing of “Big George” Webley

bg_pass.jpgI 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…

chooseatt.jpgThis 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…”

“Intextication”…The Dangers of Texting and Driving!

texting.jpgDriving these days can be very challenging. In addition, technological advances provide their own distractions, leaving drivers trying to split their attention between the road and the gadgets. Many experts believe that driving while texting, or “intextication”, is worse than driving drunk. In fact, studies show that 97.5% of people cannot drive safely while using cell phones. The National Highway Traffic Safety Administration (NHTSA) statistics show that roughly 16 people are killed every day in auto accidents involving a distracted driver, with over 1,300 more injured. In 2008, almost 6,000 people were killed and a half million more were injured by distracted drivers. It was a surprise to me to read a study this month that showed the American teenagers on average send 115 text messages per day. It is no wonder that authorities claim that the significant increases in texting volumes have resulted in thousands of additional road fatalities in the United States!

Thirty (30) states, including D.C. and Guam, ban text messaging while driving. Within the next few years, more and more states will enact laws banning “texting” when driving. While many cities in Ohio (including Cincinnati, Columbus and Toledo) have banned texting while driving, the State has … Read More... ““Intextication”…The Dangers of Texting and Driving!”

10 Tips to Ruin Your Divorce Case and Waste as Much Money as Possible!

dianemerc.jpgAttorney Diana Mercer sent me these tips in her newsletter on January 19, 2011. Her points are excellent and certainly worth repeating. They really made me chuckle because they are spot on! I have also had an opportunity to read the recent book she co-authored with Kate Jane Wennechuk titled Making Divorce Work: 8 Essential Keys in Resolving Conflicts and Rebuilding your Life, available on Amazon. It is excellent! I whole-heartedly recommend it! To learn more about the book, please take a look at the video about it which I have attached at the end of the article. Thanks Diana for your attempts to bring sanity to the chaos of divorce…

Tip # 1

Organize nothing. Either bring none of your financial records or requested documents to your attorney’s office or court hearing, or bring all your financial records in a paper sack overflowing with miscellaneous papers.

Take no responsibility for any aspect of your case. Procrastinate getting documents together and ask your lawyer to handle even the simplest stuff because you don’t have time and, of course, money is no object.

Tip #2

Call your lawyer repeatedly, ideally several times a day, and ask the same question Read More... “10 Tips to Ruin Your Divorce Case and Waste as Much Money as Possible!”

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