How Injury Claims Are Treated In Divorce Court

per_injcheck.jpgIn early April, I received a phone call from Attorney Brian Wilson, a principal in the Canton personal injury law firm of Nicodemo & Wilson.  He and I have teamed up on a few prior projects, and he has contributed to the Oho Family Law Blog in the past.  After catching up a bit on the joys of blogging and our respective lives, he asked if I might consider writing an article as a guest blogger on their Bull’s-Eye Blog about how personal injury settlements are treated by divorce courts.  Of course, I was only too happy to accommodate Brian.  His blog is superb and one that I read several times a week.  Check it out by clicking here.  The article I wrote was posted on May 3, 2010.  Thanks, Brian! Here it is starting with Brian’s introduction:

Occasionally, we have guest bloggers write on topics of interest that cross over into Ohio personal injury issues. Our guest blogger is Robert L. Mues, an outstanding Dayton, Ohio, family law attorney. I found his interesting and informative blog and website while searching the Net for…interesting and informative blogs and websites! His blog is a must read for folks dealing with … Read More... “How Injury Claims Are Treated In Divorce Court”

Get Your Ex’s Consent To Travel Abroad With Your Minor Child, Avoid Feeling Like You Just Went Over Niagara Falls in a Barrel!

child_travel.jpgIf you are planning a foreign vacation this summer, you had better plan ahead to determine all the necessary travel documents that you will need.  This can be a much more complex issue than one might think.  A good place to start is the U.S. Department of State International Travel website or you can call them at (877) 487-2778.

I do not intend to try to outline all the various documents required for each international destination, but rather to alert our readers of a requirement that is more obscure.  In recent years, concerns about international child abductions have increased; and as a result, new travel restrictions have been imposed including border officials becoming much more cautious when they encounter a child traveling without both biological parents.  Just having a child’s birth certificate is not enough.  It is wise to bring a copy of the legal custody orders with you.  But in addition, did you realize that a child departing the U.S. and traveling with only one parent, grandparents, a guardian, or another adult or group, must have a notarized Travel Consent Authorization document from both birth parents or legal guardians?

This is true even if you are planning a quick … Read More... “Get Your Ex’s Consent To Travel Abroad With Your Minor Child, Avoid Feeling Like You Just Went Over Niagara Falls in a Barrel!”

Who Gets the Disposable Paper Bed Sheets?

dbed.jpgI vividly remember litigating a very contentious divorce case back in the early 1980’s.  The Magistrate who heard the dispute still occasionally pokes fun at me about the case! Husband and Wife wanted to argue and fight over the division of a voluminous list of household goods acquired during the marriage, most having little or no value.  Since then, when I was a young lawyer, I believe I have now been able to gain some valuable insight on litigation of this nature.

Typically, Judges and Magistrates do not want to litigate these type of disputes, partly due to the dollars in controversy, but more often because of the irrational positions and fervor of the contestants.  Now, understand that I am referring to replaceable used household goods, furniture and other sundry items acquired during the marriage, not valuable jewelry, guns or coin collections, separate premarital property or items with sentimental value.

Going to Court and actually litigating virtually any family law issue these days is both a time consuming and an expensive process.  Common sense and logic support making all reasonable efforts to narrow the contested issues in a divorce case to the most significant ones, such as parenting time, custody, … Read More... “Who Gets the Disposable Paper Bed Sheets?”

How You Can Influence Your Own Happiness

ram_pos.jpgEvery Sunday I look forward to reading Dayton Psychologist, Gregory Ramey’s article in his Family Wise Column in the Dayton Daily News.  A few weeks ago, he wrote a very interesting piece about “the pursuit of happiness” but not from the legal perspective as contemplated by our forefather’s in the Declaration of Independence, but from a psychological viewpoint.

“Happiness” can no doubt be elusive and its meaning can be very different to each of us.  In some fashion or form, it is an issue that many clients either considering a divorce or having gone through a divorce must confront.  Genetics and life events are no doubt factors, but according to Dr. Ramey, each of us can take steps which will have a major impact on our own “happiness”.  I think that you might be a bit surprised by both his opinion and his candid common sense suggestions!

Happy People Enjoy an Upbeat Approach to Living

I really enjoyed watching Will Smith portray a determined dad in the “Pursuit of Happyness.” Based upon the real life story of Chris Gardner, Smith’s character goes to extraordinary lengths to improve himself financially while remaining dedicated to caring for his 5-year-old son as a … Read More... “How You Can Influence Your Own Happiness”

Concerned About How Your Children are Coping? Here is a Valuable Resource!

kidscent.jpgI am constantly scouring the web to find valuable information to post here. I was pleased to recently find an excellent website geared towards children’s issues. Kids’ Turn Central was a new find for me, but probably not for many parents and teachers. Wendy Hogan has cleverly integrated a plethora of diverse material, games and activities that are fun, safe and educational for children, including some cool “clipart”, into the website. She launched Kids’ Turn Central in September of 2001.

The page that I wanted to bring to your attention lists numerous books, child rights organizations, and other resources focused on children of divorce. With Wendy’s permission, below is a sample of its content. It is worth your time to check her website out thoroughly! I’ll bet that you will find material that will be both beneficial and fun, too!

It’s a fact. Every year millions of kids must go through parents divorcing.

If your parents are happily married you probably have at least one friend who has divorced parents.

The resources below are meant to assist both kids going through divorce – and kids who want to help understand what a friend might be going through.

Divorce Sites for

… Read More... “Concerned About How Your Children are Coping? Here is a Valuable Resource!”

The New Economics of Marriage: More Men Marrying Wealthier Women

pewwomen.jpgIn a recent analysis of census data, the Pew Research Center found that the institution of marriage has undergone significant changes in recent decades as women have outpaced men in education and earnings growth. The study examined American’s 30 to 44 years old, a stage of life when typical adults have completed their education, have gone to work and gotten married. “Men now are increasingly likely to marry wives with more education and income than they have, and the reverse is true for women,” said Paul Fucito, spokesman for the Pew Center. “In recent decades, with the rise of well-paid working wives, the economic gains of marriage have been a greater benefit for men.” Clearly, these unequal gains have been accompanied by gender role reversals in both the spousal characteristics and the economic benefits of marriage.

I personally enjoy reviewing statistics. For those that don’t, be sure at least to read my conclusion at the end of this piece, especially if you are a woman contemplating entering into a marriage.
Here are some of the significant findings in the study, clearly demonstrating the new economics of today’s marriage:

  • In 1970, 28% of wives had husbands who were better educated than
… Read More... “The New Economics of Marriage: More Men Marrying Wealthier Women”

12 Proactive Steps to Take If You Are Contemplating Divorce

12steps.jpgJason C. Brown, the publisher of the Minnesota Divorce and Family Law Blog, recently posted a very practical article outlining some important steps to take if you are anticipating filing a divorce action. I am grateful that he has allowed me to repost it here. I concur with his wise “nuts and bolts” type suggestions. Remember the old adage, “An ounce of prevention is worth a pound of cure”.  Plus, this “ounce of prevention” might well save you thousands of dollars in attorney fees!

Once you break the news of your desire to dissolve your marriage, interesting things may start happening at your house. Critical records and valuable items of personal property may suddenly vanish. It pays to be proactive to ensure that you have all the information you will need to move forward as efficiently as possible.

The wasted time and cost associated with hunting down missing documentation can be staggering. We’ve handled cases where everything from an expensive diamond ring to boxes of business records have taken a “vacation”. We almost always find them, but not without substantial effort. In cases where they are not found, the Court will impose substantial sanctions and assume the missing … Read More... “12 Proactive Steps to Take If You Are Contemplating Divorce”

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