The “Un-Advisability” of an “Un-Divorce” Arrangement

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proconunmarr.jpgPsychotherapist and Guest Contributor Donna F. Ferber sent me an email a month or so ago encouraging me to read Suzi Parker’s article about famous couples who chose, rather than going through a divorce, to simply live separate lives. Click here to read Ms. Parker’s article about a trend some people call an “un-divorce.”

We both agreed to attempt to fairly evaluate the “pros and cons” of this option: she from a psychological perspective and me from a legal perspective. Initially, Donna was much more open to the possible merits of this arrangement than I was. She made it clear that she was most interested in hopefully reaching and empowering people who are in unhappy marriages and who feel trapped by fear, ignorance, and the lack of financial and emotional resources. Donna and I continued to exchange numerous emails over the last six weeks about this “un-divorce” arrangement, discussing the relative merits of couples remaining married but living separate lives. By reading the title of this article, I suspect you can tell that I am not impressed with the overall wisdom of such a relationship.  While it … Read More... “The “Un-Advisability” of an “Un-Divorce” Arrangement”

Custody Wars: My Lawyer Suggested that I Fabricate a Child Abuse Allegation!

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Our guest contributor this week is Judianne Cochran a nationally recognized expert/consultant in the following disciplines: sex offender profiling; false allegations in custody cases; interstate and international parental abduction; interstate custody and parental alienation. She has testified in numerous Courts throughout Ohio and the country. Judi presently resides in Columbus, Ohio.

jc_abuse.jpgIn recent years there has been a steady and alarming increase in the use of false allegations of vague, unsupported claims of domestic violence and even vaguer claims of child abuse, used solely in an attempt to find a shortcut to a presumed better position in custody cases. What is more alarming is the observation that more often than not the attorneys of record for the litigants making these claims have been those unschooled in and relatively new to the family law arena, who have chosen to step outside their actual specialty and add a minor “division” of family law to their practices. Often, a new, young, unskilled associate is added to the practice to handle these family law issues.

Some of these practitioners use this mechanism so frequently that simply hearing the name of the … Read More... “Custody Wars: My Lawyer Suggested that I Fabricate a Child Abuse Allegation!”

Should I Get a Divorce for the Sake of My Kids?

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ramkidsdiv.jpgWould my kids be better off if I got a divorce” is one of the toughest questions I have been asked in therapy. I try to help parents work through this complicated question. The answer has lifelong implications for the entire family.

Here are the five factors that I ask parents to consider:

1. Unhappy marriages can improve. Overwhelmed by the stress of work, children and a perceived lack of support from a spouse, many parents feel trapped in unhappy relationships with few prospects for improvement. Recent research by Linda Waite has challenged that assumption, finding that two-thirds of unhappy spouses who stayed together actually improved their marriages over a five-year period. Sometimes couples’ satisfaction was due to actively working on problems, but in other cases marriage partners just became more accepting of their spouses. In other situations, marital satisfaction increased when stressful events such as finances or child-rearing decreased.

2. Divorce doesn’t always bring happiness for the adults. Some of the same issues that cause an unhappy marriage can linger on after a divorce. I’ve found that many parents, both men and women, misattributed the reasons … Read More... “Should I Get a Divorce for the Sake of My Kids?”

The FBI has Registered the Local Children Abducted to Japan as “Missing Children”

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swaim2.jpgHere is an update about our client, Kent Swaim, whose two sons were abducted to Japan by their mother, published in the DDN on September 8, 2010.

Abducted Clayton boys registered on national criminal justice list

Authorities can use designation to urge Japanese to send sons back to father.

By Mary McCarty, Staff Writer Updated 1:27 AM Wednesday, September 8, 2010

Clayton father Kent Swaim has won an important victory in his quest to be reunited with the two young sons he hasn’t seen since his former wife fled with them to her native Japan two years ago.

The boys finally have been registered with The FBI’s National Crime Information Center (NCIC), a computerized index of criminal justice information, including missing children.

Swaim’s plight was featured in an Aug. 15 Dayton Daily News story. The Wright-Patterson Air Force Base master sergeant had long been frustrated by his inability to convince authorities to enter the children in the database.

“This gives the U.S. State Department and the National Center for Missing and Exploited Children the tools they need to help me and take this next step,” Swaim Read More... “The FBI has Registered the Local Children Abducted to Japan as “Missing Children””

A Local Case of “Child Abduction” Involving the Country of Japan

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kent_swaim.jpgOn October 24, 2009, our Ohio Family Law Blog published an article entitled, “U.S. Father Arrested In Japan For Picking Up Children ‘Abducted’ By Ex-Wife…The Rest Of The Story”!  On Sunday, August 15, 2010, the Dayton Daily News published a human interest news story entitled, “Dad With Custody Can’t Get Kids From Ex-Wife In Japan”.  The 2009 article involved a Father from the State of Tennessee having a former Wife secret his two children away to the Country of Japan without his knowledge or consent. The most recent incident reported in the Dayton Daily News involves a Father residing in the State of Ohio whose Wife secreted his two children to the Country of Japan without his knowledge or consent before the termination of the parties’ marriage.  The subject Father, Kent Swaim, is a client of our firm.  He has given us permission to share his story!

Facts of the Kent Swaim Case:

  1. Kent Swaim (“Husband/Father”) is an active duty member of the United States Air Force.  While serving his country in Okinawa, Japan, the parties met at an ice cream parlor on the island.  
Read More... “A Local Case of “Child Abduction” Involving the Country of Japan”

Gift Ideas for the Newly Divorced! Some Tasteful and Well…Others Not So Much!

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giftideas.jpgOver the past month or so, I have come across some interesting items related to post-divorce parties, celebrations and gifts.  In my opinion, some of them are respectable, others are pretty far out there, and a few are bizarre or just sort of crass. Different strokes for different folks, I guess.  Nonetheless, I will share some with our readers.

Perhaps this idea might appeal to the very “well-healed”.  How about celebrating your divorce with a memorable party in Tuscany, Italy? You bring your friends, and the vendor will take care of the rest. “We believe in love, and divorce is the very first moment your new life starts and opens to new love and happiness. Let us throw your divorce party in Tuscany with good food, wine, music and new ideas,” they say. Imagine you and your friends jetting off for a leisurely trip to Italy.  A glass of Chianti wine will be there to welcome you. Then you will start visiting vineyards, have cooking lessons and eat amazing food. You will be able to explore nearby cities such as Florence, Siena, and San Gimignano. Top it … Read More... “Gift Ideas for the Newly Divorced! Some Tasteful and Well…Others Not So Much!”

Sudden Divorce Syndrome: Reality or Myth?

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suddendiv.jpgI am pleased that Donna Ferber, a psychotherapist and a frequent contributor to the Ohio Family Law Blog has agreed to co-author this article with me! Our goal is to present both the legal and emotional perspectives of a trend that we are seeing in our professional practices: long term marriages ending by divorce when the wife has come to the conclusion that she has just “had enough” and that the husband is seemingly caught “blindsided” by the situation. The intent of the article is not a male versus female point and counterpoint, but rather a collaborative discourse that can provide insight into the complexity of the issues.

My legal analysis is in regular black font and Donna’s perspective as a psychotherapist is in blue italics

Having been a divorce lawyer for over 30 years, I see recurring themes in many of my cases.  Statistics show that there will be about a million divorces in the United States this year.  About 75% are filed by women.  More of my male clients are telling me that they are completely “blind-sided” by the divorce situation.  These are individuals … Read More... “Sudden Divorce Syndrome: Reality or Myth?”

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