Ohio Family Law Blog

Blast From The Past: Why One Should Not Postpone Post-Divorce Estate Planning

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Post-Divorce Estate Planning Should Not Be Postponed

PUBLISHERS NOTE: Nine years ago we posted this article to the Ohio Family Law Blog. It has been a popular one and has stood the test of time. For more information, Attorney Joseph E. Balmer’s free Ebook “The Four Basics of Ohio Estate Planning” is available to download on our website here.

Many individuals first think about estate planning when they get married. They realize that, at a minimum, they should have a will, general power of attorney and power of attorney for health care. They may later amend these documents due to life changes or changes in their financial position. However, one might be surprised to know that a recent survey by PNC Wealth Management disclosed that 30% of adults with financial assets of $500,000 or more did not have a will! A recent Harris Interactive survey of the general population found that 58% of all adults had no will. One might be even more surprised that if he or she had a will and became divorced, he or she may be no better off than if he … Read More... “Blast From The Past: Why One Should Not Postpone Post-Divorce Estate Planning”

WHAT’S THE DIFFERENCE BETWEEN A DISSOLUTION AND DIVORCE IN OHIO

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Marriages In Ohio Can Be Ended In One Of Two Ways, Dissolution Or By Divorce

A dissolution and divorce in Ohio is different than most states. In most states, those terms can be used synonymously, but they are alternate proceedings with different statutory regulations in Ohio. Marriages in Ohio can be ended in one of two ways – by divorce or by dissolution.

Dissolution

A dissolution proceeding is the quickest and easiest of the two methods to terminate your marriage, but in order to proceed with a dissolution there are certain considerations that must be met. Primarily, there must be a total and full agreement signed by both parties as to ALL terms of the dissolution. This means that both parties have to have a full agreement on all issues, including alimony, custody, child support, division of assets, debt allocation, division of household goods and furnishings, etc. There is no subpoena power available, which means both parties must exchange all financial information voluntarily.

If such an agreement cannot be reached on ANY issue, then a dissolution proceeding is not appropriate. In addition, restraining orders are not available … Read More... “WHAT’S THE DIFFERENCE BETWEEN A DISSOLUTION AND DIVORCE IN OHIO”

Served with Divorce Papers in Ohio? Tips From Experienced Dayton Divorce Lawyer

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List of What To Do When Served With Divorce Papers According to Experienced Dayton Divorce Lawyer Robert L Mues

You go answer the door and there’s a big guy on the other side. You slowly open it. He puts his foot in the door and asks your name. Before you open your mouth he hands you an envelope containing a fat stack of papers. He announces “You’ve been served!” which is often followed by “Have a nice day!” BAM! Whether expected or not, this is the “kick off” of your divorce case.

Your reaction will no doubt vary depending on your feelings about your marital situation and your level of happiness. Some individuals will be blindsided, hurt and even physically sick. Others may actually be relieved and welcome a fresh new start. No matter where you fall in this spectrum, here are some tips of what to do and not do.

THINGS TO DO…

Read the documents
As difficult as this may be, try to read through them. On the SUMMONS (which should be the first page), note the deadline to file your Answer. In Ohio, it

Unexpected Benefits of Tough Times in Childhood

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A man in his late 30s stopped by my office unexpectedly and asked me the most terrifying question you can ask a child psychologist, “Do you remember me?”

I looked at his face and quickly tried to imagine what he looked like as a child. He finally gave me his name, and I remembered him immediately. As a young boy, he had a horrendous childhood, growing up in multiple foster homes. However, he came by to tell me how well he was doing, both professionally and personally.

I fear he is an exception. Adverse childhood experiences resonate throughout a person’s life, placing kids at risk for a variety of physical and mental problems. Hundreds of studies conducted over the past 40 years have come to the same conclusions. Bad childhoods have long-term effects.

While we’ve extensively studied the negative impact of early childhood stress, might those same bad events have some positive consequences? I’ve just read a fascinating article by Megan Hustad in Psychology Today on the “Surprising Benefits for Those Who Had Tough Childhoods.” Hustad argues that there are an increasing number of studies … Read More... “Unexpected Benefits of Tough Times in Childhood”

Blast From the Past: Bitcoins and Hiding Crypto and Digital Assets in a Divorce Action

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PUBLISHERS NOTE: The ownership of digital currency including cryptocurrency and Bitcoin has increased exponentially since my first Ohio Family Law Blog article “Bitcoins and Hiding Assets in a Divorce Action” on the subject on October 4, 2014. In that ”Blast From the Past” we provided an overview of bitcoin and cryptocurrencies and we geared it primarily towards my fellow divorce lawyers. Today, I want to update legal developments in this exciting area of Bitcoin And Cryptocurrency Divorce Issues and focus more towards spouses who may be having marital issues and who own bitcoin or other cryptocurrencies.

Finding Hidden Assets During Divorce: Bitcoin And Cryptocurrency

Current Bitcoin and Cryptocurrency Tidbits

Bitcoin and cryptocurrency has been in the news a great amount since the start of this year. In 2017 it soared in value to almost $20,000 per bitcoin, but this January it fell to below $8,000. It appears that it is on its way back up until Twitter joined Facebook and. Google banning cryptocurrency ads on March 26, 2018. At this point, the most popular coins are bitcoin, ethereum, and ripple. Lots of new merchants now … Read More... “Blast From the Past: Bitcoins and Hiding Crypto and Digital Assets in a Divorce Action”

Grey Divorce and Hidden Assets You Should Know About

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What Is A Grey Divorce? And Who Can Identify Hidden Assets In A Divorce?

PUBLISHER’S NOTE: Attorney J. Benjamin Stevens is a highly respected divorce and family law attorney from Spartanburg, South Carolina. He is a Fellow in the American Academy of Matrimonial Lawyers, the International Academy of Family Lawyers, and is a Board Certified Family Trial Advocate by the National Board of Trial Advocates. Ben has been featured in numerous publications, including Forbes, ABA Journal, Law Practice Today, Lawyers USA, and South Carolina Lawyers Weekly. I have to admit that I LOVE Ben’s frequent posts to his blog: https://www.scfamilylaw.com/blog

Here is an example of one such post of Ben’s from February 19, 2018, dealing with the increasing number of divorces of couples over age 50. If this topic interests you, click here to read a blog I posted about it on March 28, 2015, titled ““Grey Divorce: Division of Retirement Assets Disparity.”

When parties divorce later in life, it’s sometimes referred to as a “grey divorce“. The cause of these divorces can range from … Read More... “Grey Divorce and Hidden Assets You Should Know About”

Another Same-Sex Parenting Rights Issue Upheld by the U.S. Supreme Court

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U.S. Supreme Court Upholds Arizona Supreme Court Same-Sex Custody Case Decision

The U.S. Supreme Court declined on February 22, 2018, to hear an appeal of a case where the Arizona Supreme Court found that a lesbian woman should be recognized as the legal parent of the child she and her former wife conceived through artificial insemination during their marriage.

The case, stems from a custody dispute between Kimberly McLaughlin and Suzan McLaughlin. The couple was legally married in California in 2008, and chose to have a child via artificial insemination and an anonymous sperm donor. In 2011, Kimberly gave birth to the couple’s son. Two years later, she left with the child and cut off all communication between Suzan and their son. Upon filing for divorce, Suzan sought parenting time based upon an Arizona law regarding the presumption of parentage. Specifically, the law states that a child born to a woman within 10 months of her marriage is presumed to be biologically related to the father. However, Kimberly claimed that she cannot be required to share custody of her biological child because this presumption clearly states … Read More... “Another Same-Sex Parenting Rights Issue Upheld by the U.S. Supreme Court”

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