Blast From The Past: Who Needs Cupid?

Blast From The Past: Who Needs Cupid?
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PUBLISHER’S NOTE: Thinking that it is almost Valentine’s Day, I remembered this post from February 14, 2009 and decided to go back and reread it. The content is still appropriate so long as folks apply the standard pandemic precautions we are all use to such as wearing masks and social distancing. The concept of everyone showing kindness to those around us is certainly needed, especially with everything going on in today’s world.

Newly Divorced On Valentine’s? Do Something Special For Yourself Instead!

valentines day kindness

Valentine’s Day is the start of the busy season for Dayton divorce lawyers. Many couples wait until after the holidays and it gives them time to file their taxes “jointly” and receive a larger refund. It also can be a reckoning day when people decide that they deserve better.

While romance abounds with cupid’s magic for some, it also can be a difficult time for many divorced individuals who don’t have a valentine to share it with.

Here are some tips from Jennifer McCarron and Eugene Kayser,licensed family therapists from Abington, Pennsylvania:

  • Ignore the holiday

    Think about Valentine’s Day like a holiday for a

… Read More... “Blast From The Past: Who Needs Cupid?”

Have You Recently Relocated From Another State? Make Sure to Have Your Estate Planning Documents Reviewed

Have You Recently Relocated From Another State? Make Sure to Have Your Estate Planning Documents Reviewed
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Are My Estate Planning Documents Still Effective If I Move To Another State?

estate planning documents health care another stateHave you recently moved from another state or are you planning a move? One of the first things you should ask yourself is “Are my estate planning documents still valid and effective?” The first question can be answered more simply that the second question.

If you move to another state, technically if a will or trust were legally valid in the state in which they were executed, they should still be legally valid. Most state have laws that specifically state that a will is legally valid if it was legally valid in another state in which it was executed. A trust validly executed in one state should not be questioned in another state. What is controlled by those documents may differ though. Community property state and non-community states may treat what each of you and your spouse own differently. Also, states may differ in what a surviving spouse is entitled to by law and what a surviving spouse’s rights are by law regardless of one’s estate planning documents.

Power of attorney documents … Read More... “Have You Recently Relocated From Another State? Make Sure to Have Your Estate Planning Documents Reviewed”

Blast From The Past: Are There Advantages to Filing First for a Divorce in Ohio?

Blast From The Past: Are There Advantages to Filing First for a Divorce in Ohio?
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Why should I file first in a Divorce Complaint? Here are the reasons.

PUBLISHER’S NOTE: This blog on filing a divorce complaint is as meaningful today as it was when we originally posted it on December 16, 2019. The importance of meeting with an experienced divorce lawyer in your area to evaluate when and where to file cannot be overstated! 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!

Several Strategic Reasons Why Filing Of The Divorce Complaint FIRST, Makes Prudent Sense

filing of the divorce complaint retraining ordersUnfortunately, you have concluded that your marriage needs to come to an end. Now it is time to put on your “business hat” and plan how to accomplish that result. When feasible, a dissolution proceeding is the best vehicle to accomplish the termination of an Ohio marriage. However that approach takes a full agreement in advance of filing by both parties on ALL issues and obviously cooperation. Let’s discuss how to proceed if that isn’t in the cards.

DIVORCE COMPLAINT FILINGS IN OHIO:

There are some reasons … Read More... “Blast From The Past: Are There Advantages to Filing First for a Divorce in Ohio?”

Tips for Divorce Lawyers – Having Trouble Obtaining Out of State Discovery?

Tips for Divorce Lawyers – Having Trouble Obtaining Out of State Discovery?
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UIDDA (Uniform Interstate Deposition and Discovery Act)

Ohio Civil Practice Discovery Help For Divorce Attorneys – How To Obtain Documents Outside Ohio?

uidda divorce family law discoveryAs a lawyer who focuses my practice primarily on Ohio divorce and family law cases, it is easy to sometimes forget about Ohio Civil practice discovery rules and statutes. How many of you have had difficulty obtaining documents or setting depositions with companies located outside Ohio? I suspect, most of my fellow divorce lawyers would acknowledge the frustration this has caused!

I have recently had a battle obtaining retirement statements from a plan administrator located outside Ohio. It is hard to complete needed ‘due diligence’ to value assets in a divorce  without retirement statements to determine if all contributions were marital as well as the dates and amounts of loans or withdrawals.

If you find yourself in this situation, I want to remind you to look at O.R.C. Section 2319.09 – Ohio’s Uniform Interstate Deposition and Discovery Act  . This statute was adopted in Ohio in 2016. A form of this is a model statute has now been adopted in all the States/Territories … Read More... “Tips for Divorce Lawyers – Having Trouble Obtaining Out of State Discovery?”

Do Criminal Convictions Impact Custody Determinations?

Do Criminal Convictions Impact Custody Determinations?
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Child’s Best Interest Considered When Custody Is Granted In Ohio, But What If The Parent Has Criminal Convictions On File?

criminal convictions custody child's best interest

Yes. Criminal convictions may impact the Judge’s decision regarding who is granted custody. In Ohio, as in most states, the guiding principle is “what is in the child’s best interest“. By necessity, this must be a very comprehensive consideration of many factors. In Ohio, Section 3109.04 (F)(1) lists 10 specific factors the Court is to consider when making a custody determination.

They are:

(F) (1) In determining the best interest of a child pursuant to this section, whether on an original decree allocating parental rights and responsibilities for the care of children or a modification of a decree allocating those rights and responsibilities, the court shall consider all relevant factors, including, but not limited to:

  1. The wishes of the child’s parents regarding the child’s care;
  2. If the court has interviewed the child in chambers pursuant to division (B) of this section regarding the child’s wishes and concerns as to the allocation of parental rights and responsibilities concerning the child, the wishes and concerns of the
… Read More... “Do Criminal Convictions Impact Custody Determinations?”

LEGAL ALERT: Federal Court Strikes Down Ohio Law Blocking Trans People from Amending Their Birth Certificates

LEGAL ALERT: Federal Court Strikes Down Ohio Law Blocking Trans People from Amending Their Birth Certificates
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Equal Protection Clause Allows Discrimated Ohio Transgender Residents To Correct Gender On Birth Certificate

transgender birth certificates discriminationOn December 16th, 2020, federal Judge Michael Watson of the Southern District of Ohio’s Eastern Division found unconstitutional the Ohio Department of Health’s policy which prohibited transgender residents from correcting their gender on their birth certificate. Ohio allowed for gender changes on birth certificates to be made until 2016. Judge Watson stated “the policy resembles the sort of discrimination- based legislation struck down under the equal protection clause in Romer v. Evans  as nothing more than a policy ‘born of animosity toward the class of person affected’ that has ‘no rational relation to a legitimate government purpose.’ ”

Judge Watson ruled in favor for four transgendered Ohioans to legally correct their birth certificate gender marker and overturn the state’s decision to deny the correction of the gender mark on their birth certificates . The case, known as Ray v. Himes  and more recently, Ray v. McCloud , was filed in March 2018 by Lambda Legal, the American Civil Liberties Union, the ACLU of Ohio, and law firm Thompson Hine LLP on … Read More... “LEGAL ALERT: Federal Court Strikes Down Ohio Law Blocking Trans People from Amending Their Birth Certificates”

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