Divorce and Digital New Age Communications and Technology

divorce social media

The Serious Impact Social Media May Have On Divorce Case

Social Media And E-Mail Correspondence May Impact Divorce Case

divorce social mediaOkay. I am showing my age. But I remember when the practice of domestic relations law was so much simpler in many ways. How many of you even remember the old IBM Selectric typewriter or even carbon paper! I do. In my 40 years of practice I have seen the advent of word processing, the internet, Fax machines, copy machines, computers (that network together), cell phones, email, texting, an explosion of software applications not to even mention Google and all the social media platforms!

Those times are in the past. Life has changed dramatically. We are now bombarded with voice messages, texts, emails, Facebook posts, Tweets, LinkedIn, IM’s and many more technological advances. Some folks have literally become “hooked” on their devices and these social platforms. Their lives seem to revolve around personal information that they post on Facebook, YouTube, Instagram, Twitter, WhatsApp, Tumblr and many others too numerous to list.

Going Through A Divorce? Take A Break From Social Media

If you think the posts are secret, think again. Nothing on the internet is truly secret. We have written about … Read More... “Divorce and Digital New Age Communications and Technology”

Commissions and Ohio Child Support – A New Ohio Supreme Court Decision

Alert Key Legal Update

Ohio Supreme Court Rules One-Time Commisions To Be Excluded In Gross Income Calculation Of Child Support

child support gross income supreme courtUnder the new Supreme Court Decision, A.S. v. J.W., 2019-Ohio-2473, which was decided on June 25, 2019, commissions that are one time award are not to be included when calculating gross income for child support calculations.

When child support is calculated for a divorce settlement, the court bases the amount on the a number of things, including the gross income of each parent. Gross income, according to the statute (O.R.C. 3119.05(D)) includes the yearly average of pay, plus the average of any bonuses or overtime earned. The Court then can either average those totals from the past three years, or use the most recent year’s information.

The issue that the Court grappled with was to whether commissions are to be included in the calculation of ‘bonuses or overtime’ earned. In part of the statute, it is included in the list, and not included in another part of the statute. This leads to what us lawyer types call ‘confusion’.

To sort through the statute, the Supreme Court looked at the specific case before them. In this case, Mother had primary custody and sought a … Read More... “Commissions and Ohio Child Support – A New Ohio Supreme Court Decision”

Blast From The Past: Divorce, Summer Holidays for Those Newly Divorced

divorce summer holidays

PUBLISHERS NOTE: Psychotherapist Donna F. Ferber penned this post about divorce back in 2015. It is still a good read about the struggles a newly divorced person experiences during the summer holidays. 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!

The Struggle Of Divorce During the Summer Holidays – How To Juggle The Roles And Responsibilities In Your Life

divorce summer holidaysMemorial Day, Labor Day and 4th of July are holidays that celebrate different aspects of American culture. Memorial Day honors those who fought to defend our principles and ideals, Labor Day honors our work ethic, and 4th of July honors our fight for independence. We don’t consider them “big holidays.” They are, for most of us, times to be outdoors, watch some fireworks, and eat lots of good food. They also give us an extended weekend.

For a newly divorced person, however, these holidays can take on great significance. You, too, have been fighting for your principles, working hard, and struggling with your newfound independence. No three holidays in our calendar reflect your struggle as these three do. Since we do not … Read More... “Blast From The Past: Divorce, Summer Holidays for Those Newly Divorced”

Three Costly Mistakes to Avoid in Your Divorce!

divorce lawyer avoid mistakes

Listening To Advice From Friends And Relatives Not Always Wise In Divorce. Choose The Right Divorce Lawyer For Your Case!

divorce lawyer mistakes

No one expected that they would later be involved in a divorce when they married. But unfortunately, not all marriages are “forever”.  Clients facing a divorce generally want it to be fair, drama free, inexpensive and quick.

As a Dayton, Ohio, family law lawyer for 40 years, I have lots of experience helping people in all kinds of divorce situations from relatively simple cases to complex high conflict cases. Here are some tips based on the experience that I have gained.

What are the 3 Top Costly Mistakes to Avoid in a Divorce?

  1. Choosing the right attorney
  2. Ignoring the divorce complaint
  3. Listening to advice from friends and relatives

Choosing the Right Attorney

Divorce law is an extremely complicated practice area. I can’t emphasize enough how important it is to find an experienced divorce lawyer that you have interviewed and to whom you can relate. Interview several. Take the time to get recommendations from family and friends who have gone through a divorce in your area.  Read online reviews. Not all attorneys are the same. Avoid at all costs the “generalist” … Read More... “Three Costly Mistakes to Avoid in Your Divorce!”

Blast From The Past: Lingo You Might Not Know From the Divorce World

Blast from the past 13 years Ohio Family Law Blog

PUBLISHER’S UPDATE: This “Blast from the Past” was originally posted on the Ohio Family Law Blog on August 15, 2008. I have updated it to add 9 new terms. This glossary is not a substitute for talking with your divorce lawyer about any of these divorce terms and the implications with your case.

What’s A Deposition? Common Divorce Terms [And Their Definitions]

divorce terms

If you find yourself involved in a divorce, custody case or other family law litigation you may run across some unfamiliar divorce terms. Here are some common ones with a short basic definition:

  • AFFIDAVIT – Information provided under oath.  Often times pertaining to current finances, debts and assets.
  • CORROBORATING WITNESS – In a non-contested divorce proceeding in Ohio, you will need to bring a corroborating witness for the final non-contested hearing. That witness will have a narrow role to briefly corroborate the facts surrounding the grounds for your divorce.
  • BAILIFF – The judge’s assistant who helps with the court docket and often oversees the decorum in the courtroom.
  • CONTEMPT – An action requesting the court to punish a person for violating a prior Court order.
  • CONTINUANCE – A delay or postponement of a scheduled court appearance.
… Read More... “Blast From The Past: Lingo You Might Not Know From the Divorce World”

Are Divorce Lawyers Just “Love Undertakers”? [A Rebuttal]

divorce lawyers love undertakers

Divorce Lawyers Should Not Assist Clients With Mental Health Issues Says NYC Attorney

divorce lawyers love undertakersA well respected New York City divorce lawyer by the name of Val Kleyman recently sent out a newswire to divorce lawyers warning them “to be careful not to cross over into the role of personal therapist for clients. This is a common problem that does not get enough attention” Attorney Kleyman said. He added, “helping someone deal with their emotions, feelings and mental health is a very serious undertaking and must only be done by professionals who are trained and experienced doing this.”

While I agree with most of that, here is the point he made that hit me hard. “Divorce lawyers are the love undertakers. Unlike marriage counselors and therapists whose job it is to save relationships and help people heal, our job is to bury dead marriages quickly and efficiently before their toxicity spreads any further,” says Kleyman.

WOW, I have to disagree with Attorney Kleyman a bit on this one.  This seems far too limited of a view of our role as a divorce lawyer in my opinion.  I have been practicing family law and divorce work in Dayton, Ohio for 40 years. … Read More... “Are Divorce Lawyers Just “Love Undertakers”? [A Rebuttal]”

Blast From The Past: 10 Tips To Cut Your Attorney Fees

Blast from the past 13 years Ohio Family Law Blog

PUBLISHER’S UPDATE: Here is one of my favorites posts about attorney fees from back on August 8, 2009! The advice rings as true now as it did then…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!

Tips To Reduce Attorney Fees And Save On Divorce Costs

attorney fees-divorceI would like to share some constructive fee-cutting suggestions for you to consider implementing after you have done your “due diligence” in selecting the right attorney for you and your issues. Many of the cases I have handled over the last 30 years are family law matters which are engagements typically based upon the number of hours spent in the representation.  The amount of time to complete these cases varies based upon many factors, including the nature of the issues, contentiousness of the parties, and the cooperation level existing between both counsel.

Recently, I have been asked by several clients what they can do to help reduce their attorney fees. Certainly, this is an excellent question especially with money being so tight and all of us having to deal with our poor economy.  Each attorney would … Read More... “Blast From The Past: 10 Tips To Cut Your Attorney Fees”

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