Can I Just Notify My Spouse on Facebook That I am Divorcing Him to Start the Divorce Process?

service of process montgomery county divorce

Help! I Can’t Contact My Spouse To Serve Divorce Documents! Can I Use Facebook As A Service of Process Instead?

service of process montgomery county divorceAre you filing for divorce? How exactly do you let your spouse know? The answer is by service of process! Service of process is when you file official court documents and notify your spouse with them. Service of Process arises from the United States Constitution. Specifically the Due Process language in the Constitution doesn’t allow, “personal jurisdiction over a defendant unless the defendant has proper notice of the court’s proceedings.” This essentially means that the defendant will have to be properly served with the court documents.

These court documents include the Complaint for Divorce, Court Summons and associated pleadings (Financial Affidavit, Parenting Proceeding Affidavit, Family Questionnaire, complaint for Divorce and Title IV-D Application for Child Support Services). Nevertheless, there are specific court rules around this crucial step, and they can vary on where you file for divorce. However, the rules that govern service of process can vary by jurisdiction meaning state or county rules.

The Local Montgomery County Domestic Relation’s Court rules are supplemented by Ohio Civil Rules of Procedure, allowing for multiple methods of service

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Blast From The Past: New Year Resolutions for Those Going Through a Divorce

Blast From The Past: New Year Resolutions for Those Going Through a Divorce

PUBLISHERÂ’S UPDATE: Here is one of my favorites posts from back on January 15th, 2022! The advice rings as true now as it did then! Â…We have a ton of interesting articles in our archives of the Ohio Family Law Blog. Use our Search tool and enjoy a few oldie but goodies!

Making a Resolution can help you focus after Divorce

Going Through a Divorce in the New Year? Make a Resolution to Help you through the Adjustment!

make resolution new year going through divorceAs we embrace the new year, changes are inevitable. Especially if you are going through a separation or divorce. For you this might be a time of loss and sadness. Also think of it as a time of the hope for a brighter, happier future. The key is in the mindset about how to act and think differently in the new year.

Typically, people make promises to exercise more, or eat a healthier way, or perhaps lose weight. Often these goals are made with good intentions and start off strong, but within a month or so are forgotten. It might be more meaningful and helpful, especially for someone going through divorce to focus on a philosophical position, and to … Read More... “Blast From The Past: New Year Resolutions for Those Going Through a Divorce”

LEGAL DEVELOPMENT: OHIO’S SOCIAL MEDIA PARENTAL NOTIFICATION ACT HALTED

Ohio Social Media Parental Notification Act

Temporarary Restraining Order Halts Ohio Social Media Parental Notification Act. What Happens Now?

Ohio Social Media Parental Notification ActPer the blog post published on January 6th, 2024 the Ohio Social Media Parental Notification Act was supposed  to go into effect on January 15, 2024. However, on Tuesday, January 9th, a temporary restraining order was granted out of the United States District Court for the Southern District of Ohio.

The Ohio Social Media Parental Notification Act  requires parents of children under 16 to give consent for their child to use social media sites such as TikTok, Instagram, Snapchat, and Facebook. Additionally, the law would require social media sites to comply with this law or face civil penalties. To read more on the Act visit our blog post here

Issues with the Ohio Social Media Parental Notification Act arise from what a “social media operator” is actually defined to be. NetChoice, a tech trade association challenged the law stating that it violated free speech principles because there is no notice as to the specific sites that will be impacted by this law.

A violation of free speech?

The Chief United States District Judge Algenon L. Marbley wrote that NetChoice had legal standing and that, “if … Read More... “LEGAL DEVELOPMENT: OHIO’S SOCIAL MEDIA PARENTAL NOTIFICATION ACT HALTED”

LEGAL ALERT – New Ohio Law Designed to Help Protect Children Under Age 16 Requiring Parental Consent Before Kids Can Use Many Social Media Sites

Alert Key Legal Update

Social Media Parental Notification Act To Help Safeguard Children From The influence of Social Media Sites.

Social Media Parental Notification ActThe Ohio fiscal budget for 2023-24 that was signed into effect earlier this year by Governor Mike DeWine, has incorporated stricter laws to try and safeguard children from the influence of social media. The Ohio’s Social Media Parental Notification Act will go into effect on January 15, 2024.

According to the U.S. Surgeon General, 95% of young people ages 13-17, actively use social media. Governor DeWine and Lt. Gov. Jon Husted saw the growing need to try and enact legislation to help parents keep their children from harmful effects that social media might have.

The Ohio Social Media Parental Notification Act requires parents of children under 16 years old to give consent for their child to use social media sites such as Tik Tok, Instagram, Snapchat and Facebook. The consent form must be submitted in written form and signed electronically. Owners of social media platforms are held responsible for developing procedures that will verify if the user of their site is under age 16. Parental consent would be verified through different options, such as signing a digital form online, using online payment … Read More... “LEGAL ALERT – New Ohio Law Designed to Help Protect Children Under Age 16 Requiring Parental Consent Before Kids Can Use Many Social Media Sites”

Thinking About a Divorce for the New Year?

new year divorce

PUBLISHER’S NOTE: I have updated a Blog post from January 20, 2018 and reposted it to include some newer blogs about divorce in the new year. Please check all of them out! We hope you and your family have a peaceful and joyous New Year!

A Must-Read Guide For Couples Thinking About A Divorce In The New Year

new year divorceExperts say that January is the most popular month of the year for couples to file for divorce in Ohio. With the hustle and bustle of the holidays (Thanksgiving and Christmas), it is common for couples to put off their divorce plans until after the first of the year. Even though many couples are struggling with their marriage before the holiday season, they tend to push back getting a divorce to make the holidays more enjoyable and memorable for their kids.

According to Cathy Meyer, who founded DivorcedWomenOnline.com and is a certified divorce consultant stated, “Dissatisfied husbands and wives begin searching for information on divorce immediately after the holidays”. She has experienced a huge increase in page views and searches the day after Christmas. People start looking for information before the New Year starts, but they cannot do much until the … Read More... “Thinking About a Divorce for the New Year?”

Merry Christmas and Happy New Year!

merry christmas happy new year hcmm

We Wish You A Peaceful, Safe and Happy Holidays!

merry christmas happy new yearEveryone at Holzfaster, Cecil, McKnight & Mues wish each of you and your family joy and warmth this holiday season. May the magic of the holidays fill your heart with peace and happiness. Whatever your plans are, wherever you are going, we wish you safe, peaceful and happy holidays! Please try your best to spread kindness and joy as you go!

Our office will be closed on Christmas Day and again at Noon on Friday December 29th. We will reopen on Tuesday, January 2nd.

May the New Year be everything you hoped for and more!

The holiday season is a perfect time to reflect on all of our blessings and seek out ways to make life better for those around us!

Merry Christmas and Happy New Year!

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Ho- Ho- Ho-Holiday Tips for Stress Free Parenting

holidays divorce

How to Make the Holidays a Happy Time for you and your Children After Divorce

holidays divorceHolidays are a joyous time. Christmas or Hanukah can be most memorable for both adults and children, but they are especially magical moments for children. However, as adults who are going through a separation, a divorce, or who have already been divorced, the holiday times can be very stressful. I believe that most parents want their children to be happy, but especially so during holiday times. So, what to do to ensure the best possible outcome?

Communication and cooperation are the two main ingredients. The first thing that both Ex’s need to do is to thoroughly review their custody agreement for holidays. Your plan is most likely tailored to what you agreed with at the time of separation, or divorce with your attorney or pursuant to the Court’s Standard Parenting Order. They all vary. Some have elected for shared time during each holiday, and some have agreed to every other holiday. Regardless make sure you know what your Court Order states. It is vital to an easy transition for the kids that you and your Ex are in total agreement as to the … Read More... “Ho- Ho- Ho-Holiday Tips for Stress Free Parenting”

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