The Name Game: Shirley, Shirley bo Birley . . .

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sschange.jpgDon’t forget to discuss with your Dayton divorce lawyer before the final hearing if you want to be reinstated to a former name. This is the time to accomplish the name change with ease, and typically, without any additional costs! Procedures vary from court to court whether the name change can be submitted as part of the Final Decree or by way of a separate Court Order. Either way, it is easy, and the wife has the right to decide whether she wants to keep her married surname. No, husbands, you cannot require your ex to relinquish your surname. And wives cannot pick a new surname; they can only be reinstated to a maiden or former name.

If you decide months after the divorce that you want to go back to a former name, it may be too late to have the Domestic Relations Court enter the name change for you. In that event, one would have to file a new action through the Probate Court to accomplish the name change. That Probate action would likely take several months and add filing fees and more costs.

Also … Read More... “The Name Game: Shirley, Shirley bo Birley . . .”

Part 2 -The Consequences of Domestic Violence Victims Changing Their Identity

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identity.jpgSubmitted by Robert Mues with legal research and assistance from Aaron Hill, an extern from the University of Dayton School of Law.

Some cases of domestic violence in Dayton are so severe that an identity change may seem to be the only solution. At first glance, changing one’s social security number and name is an enticing proposition. However, there are a number of very serious consequences to consider before taking this drastic step.

Negative Consequences to Changing Your Identity and Social Security Number:

The effects of changing one’s identity and social security number are lasting. The victim is essentially eliminating any connection with his/her prior life and literally starting from scratch. The victim loses all professional and academic credentials, past credit history (good or bad), and loss of interaction with family and friends of the victim. This, in turn, makes it incredibly difficult to find a new career, buy a house or rent an apartment, obtain any type of insurance, or safely contact any former friends or family. Any transaction or event that requires identifying information will be inconvenient at the very least. Without job references, educational … Read More... “Part 2 -The Consequences of Domestic Violence Victims Changing Their Identity”

The Pros and Cons Of Victims Of Domestic Violence Changing Their Identity

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dvm.jpgIn recognition of October having been declared Domestic Violence Awareness Month, this post and next week’s article focus on trying to assist individuals who have faced such devestating violence.

This is the first of a two part article on this subject. While not widely known, the Social Security Administration had established a procedure in 1998 for victims of family violence to obtain a new Social Security number. The Administration states:

“Public awareness campaigns stress how important it is for victims to develop safety plans that include gathering personal papers and choosing a safe place to go. Sometimes the best way to evade an abuser and reduce the risk of further violence may be to relocate and establish a new identity. Following these changes, it also may be helpful to get a new Social Security number.

Although Social Security does not routinely assign new numbers, we will do so when evidence shows you are being harassed or abused or your life is endangered.

Applying for a new number is big decision. It may impact your ability to interact with federal and state agencies, employers and others. This is … Read More... “The Pros and Cons Of Victims Of Domestic Violence Changing Their Identity”

Understanding the Courts: Family Relations Department of the Domestic Relations Court of Montgomery County, Ohio

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courtmc.jpgWhat Does the Family Relations Department of the Domestic Relations Court of Montgomery County, Ohio, do for the court and for the clients of the court?

The Family Relations Department entered into a Memorandum of Understanding Program Description wherein it describes it will provide the following services:

  • Guardian Ad Litem Services
  • Parenting Time Facilitation
  • Parenting Time Investigations
  • Home Study Investigations
  • Other.

An Interview with Sandra Fredrick, Manager of the Family Relations Department of the Domestic Relations Court of Montgomery County, Ohio, took place on Monday, June 30, 2008, with the specific intent to answer the question posited above.

Ms. Fredrick advised me that she had been with the Court since 1978, this being her thirtieth (30th) year with the Court. She explained to me that it was during Judge Charles Lowman’s term with the Court that he caused the Guardian Ad Litem program to be initiated to assist the Court with issues of custody, visitation, and other disputed child-related issues, especially for persons who did not have the money to pay for a psychological evaluation of the parties.

While the cost of a private psychological evaluation … Read More... “Understanding the Courts: Family Relations Department of the Domestic Relations Court of Montgomery County, Ohio”

Kids bring happiness, right? Not always

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ramey_happy.jpgParents contribute significantly to kids’ happiness, but having children generally results in less happiness for couples, according to research summarized in “Gross National Happiness” by Arthur Brooks.

It may be a bit surprising to some that parents are very important to their children. One would think that in a materialistic culture, kids would feel happier with the latest iPhone and video games. However, young adults in the age range of 13-24 report that spending time with their family is the most important factor leading to their happiness. Seventy-five percent of young adults say their relationship with their parents makes them happy.

For these young people, the things that make them happy are the same things that make most of us happy: social relationships. Having meaningful, honest and rewarding relationships with family and friends are more important than anything else.

We may enjoy things, but we find meaning and happiness in being around people who really matter to us.

The research on couples with children is a bit more perplexing. Brooks reports that after such variables as age, income, gender, race and politics are considered, a “parent would … Read More... “Kids bring happiness, right? Not always”

New Military Survivor Benefit Election (SBP) Procedure

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benefits.jpgI hate to get too technical, but I recently learned that there has been a significant change in the manner in which the Defense and Accounting Service will allow a continuation of payments to a former spouse after the military member/retiree dies. This SBP procedure used to be simple for the attorney. Previously, all that was needed was a timely letter from the attorney to DFAS requesting the election along with a copy of the court order and decree.

Guess what? After September 27, 2008, the ONLY manner such a survivor benefit election can be accomplished is by submitting to DFAS a completed DD 2656-10 form along with a copy of the decree. If the old approach is utilized, the election will NOT be valid. Click here to see a memo from the Under Secretary of Defense dated May 30. 2008, indicating the change.

The time perimeters have not changed. If the member/retiree requests the coverage, the deadline is one year from the date of the divorce. If the former spouse requests the coverage, she must send in this DD 2656-10 form within one year of the … Read More... “New Military Survivor Benefit Election (SBP) Procedure”

When to Seek Professional Counseling and/or Therapy During a Divorce Proceeding

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council.jpgBeing confronted with the fact that a divorce proceeding has been initiated can certainly be disconcerting and upsetting. As a former nurse and having primarily practiced divorce and family law for over twenty years, I would like to share some of my insights. While some parties may be knowledgeable that this action is taking place, other parties may be absolutely caught “off guard”, being unaware that anything was or is amiss. The fact that one party, either Husband or Wife, is placed on notice that a divorce proceeding has been initiated evokes many feelings and emotions. Many persons may need some assistance as they attempt to cope with the emotional roller-coaster they may be experiencing. If either party is having any or all of the following signs and/or symptoms, it may certainly be beneficial to seek some assistance from a family physician, psychologist, and/or counselor.

  1. Inability to sleep soundly and to get a good night’s sleep. If a person is not able to get to sleep and/or is not able to get six to eight hours of sleep per night, that person may begin to exhibit symptoms
Read More... “When to Seek Professional Counseling and/or Therapy During a Divorce Proceeding”
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