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”

How To Dress For Court – Do’s And Don’ts

courtdress.jpgThe date for your “non-contested” divorce hearing or your dissolution hearing has been set.  What is the appropriate attire for Court?  First, it is most important to recognize that the two (2) hearings set forth in the first sentence indicate that the case has been “settled” or “resolved”.  Basically, this means that neither party will be testifying against one another and that neither party has a large stake or investment in the Court’s impression of either party.

FOR MEN: A nice pair of slacks and a dress shirt or golf shirt would be appropriate. A sports coat or suit may be worn but certainly is not required.  Shoes and socks should be worn as “flip flops” are prohibited.  Likewise, it may be ninety degrees (90°) in August and hot/humid, but shorts are not permitted to be worn in the Courtroom. Other prohibited articles of clothing include tank tops, tee shirts, shirts reflecting foul or vulgar language or politically incorrect language, and hats.

FOR WOMEN: A dress, skirt and top, or slacks and a nice top would be appropriate. As in the paragraph above, it would not be appropriate to appear in Court in shorts, a halter top, or … Read More... “How To Dress For Court – Do’s And Don’ts”

Strategies to Make Your Christmas Less Stressful

xmastips.jpgIf this is your first Christmas since the separation and divorce, the anticipation can fill you with sadness and trepidation. Here are some solid, easy tips to help make the holidays less painful and hopefully, maybe, even (surprisingly!) enjoyable!

Let go of traditions that no longer work for you. This is an opportunity to re-invent your holidays. Keep the traditions that you enjoy and get rid of the ones that you don’t. No one expects you to be on your best behavior during this time, so you can probably pull it off without anyone getting too upset.

Stick to your regular routine as closely as possible. Sleep, exercise, eat well and don’t skip those therapy appointments.

Don’t use money, alcohol, food, or sex to deal with pain and sadness. These indulgences will leave you poor, hung over, fat, and guilty on December 26th.

Don’t be afraid to do something different. Go away or stay home, but take a risk to use the holidays to try something different.

Most people are depressed around the holidays. Expectations are often the fuel that feeds that “let down” feeling. Instead of focusing on what isn’t, focus on what is and what can … Read More... “Strategies to Make Your Christmas Less Stressful”

Planning Parenting Time for the Holidays – Tips to Follow

tipsxmas.jpgAs we are now into the month of November, it is not too early for divorced and divorcing parents to look ahead to the upcoming Christmas Holiday.  Here are some “tips” regarding the “nuts and bolts” of handling the Christmas holiday season.

  1. Read and examine the Parenting Time Schedule for your particular County which should be attached as part of your Final Decree or Court Judgment.  The Domestic Relations Court and Juvenile Court of each County have differing schedules. If your parenting time schedule has been lost or misplaced, you can obtain a replacement from your attorney’s office or the clerk where your order was filed.For example, Montgomery County, Ohio, has the following provision as to the Christmas Break:

    In all even-numbered years, the Mother shall have the children from 9:00 a.m. the day after school recesses (or 9:00 a.m. on December 20 if the children are not in school), until 9:00 p.m. December 24, and the Father shall have the children from 9:00 p.m. December 24 through 6:00 p.m. January 1.  In odd-numbered years, the reverse shall apply.

    And, Greene County, Ohio, has the following provision as to Christmas Break:

    In all even-numbered years, the Mother shall have the

Read More... “Planning Parenting Time for the Holidays – Tips to Follow”

Simple Year End Tax Tips

taxtips.jpgAs the end of the year approaches, the following simple tax tips can keep taxes as low as possible.

    1. Charitable gifting. Charitable donations may be used as deductions against your taxable income.  However, all charitable donations must be supported with written receipts unless under $250 in which case a bank record is sufficient.  Also, donations of services or your time are not tax deductible.
    2. Gifting in general. Each individual may gift up to $13,000 per year to an unlimited number of individuals without filing a gift tax return.  Any gifts over $13,000 per year reduce the lifetime gift tax exclusion of $1,000,000.  Once the lifetime exclusion is exhausted, gift taxes must be paid.
    3. Pay property taxes early. Real estate taxes are deductible.  For taxes due early next year, if you pay them this year, you can use them as a deduction.
    4. Sell poor performing securities. Losses can be offset against gains reducing any capital gains.  Excess losses can be deducted, but only up to $3,000 per year.
    5. Increase retirement plan contributions. Retirement plan contributions reduce taxable income.
    6. Increase business expense purchases. Purchases of business equipment, supplies, etc., can be used as taxable deductions.
    7. Maximize necessary medical expenses. The purchase of
Read More... “Simple Year End Tax Tips”

10 Tips To Cut Your Attorney Fees

timesave.jpgI 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 no doubt answer this question differently.  So, be sure to ask your attorney about his or her own particular preferences.  Here are some of my simple tips to reduce your attorney fees:

  1. Use email instead of the phone.  Email communications are an excellent way to keep your attorney advised as to ongoing developments.  But, realize that many attorneys receive hundreds of emails in a
Read More... “10 Tips To Cut Your Attorney Fees”

Moms, Stepmothers and Grandmothers, Please Take a Bow!

NOTE: Due to its timeless nature, this article from the Ohio Family Law Blog is being republished from May 10, 2008.
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Naturally Mother’s Day is a special day for families and especially for mothers. In this day and age however, there are often multiple females who may play a key role in a child’s life. Stepmothers and grandmothers raising their grandchildren as their own are now quite the norm. These women need to be recognized on Mother’s Day.

Stepmothers are often portrayed in a negative light. It is important to look at all sides, as a step mom often has to walk the tight rope. She has to carefully navigate the road so that she is an integral part of her new child or children’s lives, while still respecting the child’s need to honor and love their own mother. Grandmothers raising grandchildren as their own child has been an increasing occurrence in our society. Across the United States, more than 6 million children are being raised in households headed by grandparents and other relatives. In my opinion they should be nominated as saints! In addition to a child’s natural mother, a stepmother or a primary care giving grandmother can play … Read More... “Moms, Stepmothers and Grandmothers, Please Take a Bow!”

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