Kim Davis: Adherence to Moral Conscience or Violations of the Law?

Will The Law Protect Clerk Kim Davis and Her Refusal To Issue Marriage Licenses For Same-Sex Couples?

kim davis same-sex marriageNo doubt, in the last few weeks or so, you’ve encountered the name Kim Davis in conversation around the water cooler or dinner table.  It is also of little doubt that you’ve confronted staunch opinions regarding the Kentucky clerk of court who refused to issue marriage licenses to same-sex couples.

Various media outlets, as well as some individual social media enthusiasts, compare Kim Davis to Rosa Parks or Martin Luther King, Jr. – an outspoken activist of her time, doing what she believes is right to uphold her moral duty to God and her conscience.  Others, particularly those same-sex couples seeking a marriage license, find fault in Kim Davis’ failure to adhere to the oath of office she took when she secured her position as clerk of courts.

Still, this did not keep U.S. District Judge David Bunning from jailing Kim Davis and holding her in contempt of court after investigating her argument that her “conscience will not allow” her to comply with the Supreme Court’s recent ruling legalizing gay marriage.  Judge Bunning did attempt to give Kim Davis a break, explaining that … Read More... “Kim Davis: Adherence to Moral Conscience or Violations of the Law?”

Cohabitation Births On The Rise As Marriage Stats Fall

Marriage Rates Decline While Births For Cohabitation Couples Increase According To A Recent Study

At Least One Child In Eight Is Born Into A Cohabitation Parent Family. Economic Factors Play Role In Non Marriage Births

cohabitation marriage birthsA recent study by the Council on Contemporary Families discusses the increase in cohabitating couples and planned children.  In births among cohabitating couples have increased 58% from 2006 to 2010. The study also suggests that half of these births were planned.  All in all, the rise in cohabitation is well documented, with cohabitation playing an increasingly prominent role in the lives of American adults and children. At least one child in eight is born into a cohabiting parent family, and this rate has doubled over the course of a single decade.

The increase in cohabitating union births leads to the question of why couples are not getting married as frequently as they had in the past.  Some insights may be gained from a recent NBC News article which interviews a 34-year-old mother, Anne-Marie Rinaldi, who has been cohabitating with her partner and fellow parent for the past decade. Ms. Rinaldi believes that having a child while cohabitating may become the “new normal.”  Ms. Rinaldi believes … Read More... “Cohabitation Births On The Rise As Marriage Stats Fall”

Beta Marriage Concept – A Trial Union for 2 Years?

Can Beta Marriage Avoid A Complicated Divorce?

beta marriage ohioTime magazine recently published an article discussing the concept of a “beta marriage” and millennials.  For those unfamiliar with the word “Beta” let me explain.  In the tech world, the word “beta” is often affiliated with a trial period, in other words, it’s something that’s tested before it’s released or finalized.  For example, when a video game company is nearing the release of a new video game, they’ll often release a “beta version” to a select few individuals.  This version is played and enjoyed as if it were a full released video game.  Instead, what is really going on is the developers are collecting information, analyzing all types of data, and fixing various bugs that may not have been discovered prior to the beta.

In other words, a beta is a test run designed to fix errors.  After a beta has ran its course (often a predefined period of time) the beta is closed.  Following the beta, the developers can choose whether or not they’ll release the game or not or if they’ll continue to develop and fix the kinks they became aware of during the beta period.

This … Read More... “Beta Marriage Concept – A Trial Union for 2 Years?”

Divorce: Dividing Property, Assets & Debts in Ohio

Property Division in Ohio Can Be Complicated In Marriage Breakup – Hire A Experienced Divorce Lawyer Early

divorce property marriage ohioDepending upon the issues in a marriage breakup, dividing assets and debts is usually a preliminary topic of conversation.  This can be a complex and lengthy discussion depending upon the nature of the assets, length of the marriage, and title of the property. The first aspect of analyzing how the court may divide property pertains to whether or not the property was acquired before or after the date of marriage. If the property is separate pre-marital property, that property would remain the property of the initial owner and would not be subject to division. In Ohio, property acquired during the term of the marriage is generally divided “equitably”.  While the courts in Ohio strive to create a fair property division, this may not always lead to a 50/50 equal distribution. But, an equal division is presumed to be the starting point. The Court hopes to end up with a decision, that when viewed as a whole, leaves both parties with roughly equal shares of the marital estate.

If a spouse inherits property (or is gifted specific property during the course … Read More... “Divorce: Dividing Property, Assets & Debts in Ohio”

DOMA: Same-Sex Marriage Rights Update

A Look At The Same-Sex Marriage Law And The Defense of Marriage Act (DOMA), One Year Later

DOMA Same-Sex MarriageA few weeks ago marked the one year anniversary since the Defense of Marriage Act (DOMA) was struck down by the Supreme Court of the United States.  This article aims to analyze changes and new laws that have arisen since this decision, discussing where the states and national laws stand in regards to same-sex marriages.

What was the DOMA ruling?

The decision regarding the DOMA law was released on June 26,2013.  The decision that struck down the Defense of Marriage Act had some implications; however, it did not require that states recognize or allow same sex marriage.  The significant portion of the DOMA ruling allowed for states that recognized same sex marriages at the time to be granted the same federal benefits as heterosexual marries couples. We posted this linked blog article on the Ohio Family Law Blog at the time of that historic decision.  At the time of the ruling, there were a total of 13 states and the District of Columbia that had legalized same-sex marriage.

Same-Sex Marriage Laws in States following the DOMA ruling

Since the DOMA ruling, … Read More... “DOMA: Same-Sex Marriage Rights Update”

Marriage Advice for Brides – Plan Ahead!

Practical Tips To Protect Yourself If Marriage Ends In Divorce

marriageIn the season of weddings, it occurs to me that while many of us received  advice when we got married, most of it was about how to keep the relationship vibrant  (never go to bed angry) or (in my generation) how to keep your man happy (“ a way to man’s heart is through his stomach”).

While we still love the romance of weddings and marriage and hope for happily ever after, we also cannot ignore the reality that approximately 50% of all marriages end in divorce. And while NO one walks down the aisle thinking well, if this doesn’t work, I will just get a divorce, there are some important issues for a young woman to keep in mind as she makes this life-changing decision. Because, as we all know, S…T Happens.

Put your heart and soul into your marriage, work to be loving and understanding and listen well, never take each other for granted and treat each other with respect; but since there are no guarantees, make sure you take care of yourself. Your marriage may not end in divorce – sometimes someone dies – even at a … Read More... “Marriage Advice for Brides – Plan Ahead!”

Marriage: Don’t Ignore the Legal Requirements Before Getting Married, Plan Ahead!

Requirements Can Be Different In Each State For Obtaining A Marriage License

marriageAs I have done in the past, I am utilizing the experience of a family member, my son, as the basis for this family law blog article. He and Renae have been engaged for less than a year and they decided that they would like to “tie the knot” on New Year’s Eve 2012. Unfortunately, they had not looked into the marriage laws of Illinois (where they live) or of Ohio (where both used to live and where their families live) to determine the requirements for obtaining a marriage license.

On December 31, 2012, my son went to the Probate Court of Boone County, Illinois to obtain a marriage license. The Court was not open due to their holiday schedule so obtaining a license that day was impossible. Even if the Court had been open, the State of Illinois has a one (1) day waiting period between obtaining a marriage license and the date the ceremony can be performed. So, even if he had been able to obtain a marriage license that day, the marriage could not have taken place until the following day, January 1, 2013.

Next, … Read More... “Marriage: Don’t Ignore the Legal Requirements Before Getting Married, Plan Ahead!”

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