If You Are in an Emotionally Abusive Marriage, Should You Stay Together for the Sake of the Kids?

domestic violence divorce

A Victim Of Domestic Violence and Have Kids? My Published Thoughts From A Practicing Divorce Lawyer Of Over 40 Years

domestic violence divorceOctober is Domestic Violence Awareness Month. There are many forms of domestic violence and it can be inflicted in countless ways! Here is a link to an excellent post on our Blog from last year including 10 Tips to Have an Informed Conversation about Domestic Violence, published by The National Network to End Domestic Violence (NNEDV). https://www.hcmmlaw.com/blog/2020/10/03/domestic-violence-awareness-month/

Most parents want to do everything possible to protect their kids and for them to grow up healthy. The title to this blog article is an age-old debate topic that comes up in many initial divorce conferences. Daniel Pollack, a professor at the Wurzweiler School of Social Work at Yeshiva University, tackled this subject in an informative article just published on October 14, 2021, in the New York Law Journal. The author sought feedback from 2 mental health professionals and 4 experienced divorce lawyers from across the Country, including myself.

HERE WERE MY THOUGHTS ON THIS ISSUE PUBLISHED IN THE ARTICLE:

Having been a practicing divorce lawyer for over 40 years, I have this conversation all too often with my clients.

Read More... “If You Are in an Emotionally Abusive Marriage, Should You Stay Together for the Sake of the Kids?”

What are Digital Assets and How Do They Impact My Divorce?

digital assets divorce

Dividing Digital Assets in Divorce – 50-50 Split?

digital assets divorceFifteen to twenty years ago, digital assets were not a topic of hot debate or even of casual conversation. Fast forward to modern day America and all of that has since changed. As a society, we have experienced a cultural shift that now encourages an increasing trend to move large portions of our lives online. For better or worse, online accounts, social media, and digital currency are here to stay. Seeking the advice of current and knowledgeable family law attorneys will help you navigate the challenges that all divorcing parties face when it comes time to divide their assets, digital or otherwise.

What are Digital Assets?

The term ‘digital assets’ is generally described as anything of value that can be stored or accessed online. More specifically, these include intangible assets that exist in a digital format covering a wide swath of categories.

First and widely recognized are online or “crypto” currencies. Examples such as Bitcoin, Ripple, Dogecoin, and more have entered popular jargon as increasing numbers of people accumulate and trade their funds online. Additionally, online reward programs draw high interest from vast numbers of Americans every day. Digital plans such as … Read More... “What are Digital Assets and How Do They Impact My Divorce?”

Patience During a Divorce…Really?

divorce process covid

How Can I Reduce Stress and Burden During the Divorce Process? Form a Team of Support That Includes Friends, Family and Professionals

pdivorce process covidDivorce can often times be a long process. As we all know COVID has been a game changer and has affected almost every aspect of many of our lives. This is true when it comes to divorce as well. With the onset of COVID, in many states divorce cases began to slow down. This was for a myriad of reasons.

For one, people were sheltering in place and simply not going anywhere. Courts were adjusting and scrambling to achieve proper COVID precautions. However now with increasing numbers of fully vaccinated adults, people are starting to get on with their lives, and this includes going forward with a divorce they might have been keeping on hold. Courts are now faced with a backlog of cases and so unfortunately many people are finding that the divorce process is taking a little longer than previously. So, what to do? Be patient! Easier said than done, but patience can be your strongest ally in your divorce process.

Tips to Help you Through The Process

There are some tips in trying … Read More... “Patience During a Divorce…Really?”

How To Help Someone Dealing With Grief After Divorce

How To Help Someone Dealing With Grief After Divorce

Simple and meaningful ideas to help you help them with Grief After Divorce.

grief after divorceWhen you see someone you love struggling with the pain of divorce, it’s natural to want to help them get over their pain. Yet knowing how to help someone dealing with grief after divorce isn’t something that anyone naturally knows how to do. That’s because, unlike when someone is grieving the death of a loved one, we are without cultural norms for how we grieve the death of a marriage.

However, there are some clues to knowing how to help someone dealing with grief over divorce in our understanding of grieving a death.

You can expect anyone who is divorced or divorcing to be operating at less than their best – just as if they had suffered the loss of a loved one. Knowing that they may not have the energy or presence of mind to take care of some of the basic necessities, this is one area in which you can offer to help them.

Sit and Listen to Our Friends and Family

They may need help with meals. They may need help with getting their children to and from school. They may need help doing … Read More... “How To Help Someone Dealing With Grief After Divorce”

Blast From The Past: Gambling: The Consequences Of Financial Misconduct In A Divorce

Blast from the past 13 years Ohio Family Law Blog

Financial Misconduct in a Divorce, Is it a Gambling Addiction?

PUBLISHER’S NOTE: This blog about financial misconduct in a divorce case is as meaningful today as it was when we originally posted it on April 22, 2017. 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!

Overview on Ohio Divorce Law: Gambling as the Basis for Financial Misconduct and Unequal Division of Marital Assets Upon Divorce

financial misconduct gambling divorce

Gambling exists in every state (even in Utah and Hawaii where it is illegal), but not everyone gambles the same.  If gambling gets out of control, it becomes a real medical condition. A “Gambling Disorder”, as the affliction is known, affects slightly more than 2 percent  of all U.S. adults. According to the Mayo Clinic, “Gambling  can stimulate the brain’s reward system much like drugs such as alcohol can, leading to addiction”.

Individually, male gambling addicts typically accumulate an
average debt between $55,000 and $90,000.  Female gambling addicts average a $15,000 debt, by one estimate. But as one might expect, most gamblers do not have sufficient resources to pay back what they owe.… Read More... “Blast From The Past: Gambling: The Consequences Of Financial Misconduct In A Divorce”

Having Trouble Co-Parenting? Consider Co-Parent Therapy or Counseling?

co-parenting counseling divorce

Consider Co-Parenting Counseling When Sharing Parenting Responsibilies Become Difficult With Your Former Spouse

co-parenting counseling divorceRecently I posted an article on the blog discussing co-parenting and parallel parenting arrangements. Perhaps you and your ex have decided on a co-parenting arrangement.  If you are finding it difficult to do so and the children are suffering from the conflicts between you and your ex, then it might be wise to seek co-parenting counseling.

When parents decide to share parenting time, there are an awful lot of things to consider and coordinate in order to make it a successful arrangement for all. The number one priority is, or should be, the kids. The two parties may find it difficult just being in the same room together, but it is imperative that they put aside the animosity they might feel for one another and focus on the children. When co-parenting  there is much to consider. Kids need to do a lot of things such as go to school, attend extra-curricular activities, visit with friends, go on trips, etc. They need a lot of “things” too, such as school supplies, clothes, sports equipment, toys, nutritious food, doctor and dental care, etc., etc.

As a parent, … Read More... “Having Trouble Co-Parenting? Consider Co-Parent Therapy or Counseling?”

What is a First Right of Refusal Clause in a Child Custody Case?

first right refusal divorce

Are Clauses Needed In A Child Custody Case? Weighing The Pros And Cons.

first right refusal divorceParenting time is often one of the most important issues in a divorce or custody case. Crafting the agreement allocating parenting time can be difficult. It is impossible to anticipate all the schedule changes that daily life “curve balls” can cause, such as illness, emergencies, and changes in work schedules. One solution to that problem is to incorporate a “First Right of Refusal” into the shared parenting plan or seperation agreement.

WHAT IS A FIRST RIGHT OF REFUSAL CLAUSE?

Typically, this clause requires that one parent must first offer any time he/she can’t accommodate the child during their regular parenting time to the other parent. This “offer” must be made to the other parent BEFORE attempting to make any alternate plans for the child.

For instance, if the parties share the child week on and week off and have negotiated a typical first right of refusal clause, and let’s say that Dad can’t care for the child due to a family emergency for 5 hours, then he must offer the time to Mother rather than having a family member or care giver watch the child. This … Read More... “What is a First Right of Refusal Clause in a Child Custody Case?”

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