Estate Planning: Same Sex Relationship Estate Planning

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A Review Of Estate Planning Rights After The Supreme Courts Rulling On Same Sex Marriages

estate planning same sex ohioNow that the United States Supreme Court has deemed the refusal of states to allow same sex marriages unconstitutional, same sex couples in all fifty states may now marry, divorce and establish estate plans as spouses.  This is a good time to review the rights of married couples with respect to estate planning and the steps that couples should consider taking to ensure that their wishes are carried out properly.

In Ohio, surviving spouses have certain statutory rights to the deceased spouse’s probate estate.  In essence, you can’t completely disinherit a spouse.  Under Ohio law, a surviving spouse receives a number of benefits, including, but not limited to, a family allowance of the first $40,000 of the estate, the first two automobiles not specifically bequeathed, the right to live in the marital residence rent free for a year, the right to take against the will, etc.  Spouses also have certain property rights in divorces, such as the right to share in marital property and possibly spousal support.   However, many of these rights … Read More... “Estate Planning: Same Sex Relationship Estate Planning”

Divorce: Summer Holidays for Those Newly Divorced

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The Struggle Of Divorce During the Summer Holidays – How To Juggle The Roles And Responsibilities In Your Life

divorce summer holidaysMemorial Day, Labor Day and 4th of July are holidays that celebrate different aspects of American culture. Memorial Day honors those who fought to defend our principles and ideals, Labor Day honors our work ethic, and 4th of July honors our fight for independence. We don’t consider them “big holidays.” They are, for most of us, times to be outdoors, watch some fireworks, and eat lots of good food. They also give us an extended weekend.

For a newly divorced person, however, these holidays can take on great significance. You, too, have been fighting for your principles, working hard, and struggling with your newfound independence. No three holidays in our calendar reflect your struggle as these three do. Since we do not have a specific holiday that honors those who have been through the struggle of divorce, adopt these as your three days. Memorial Day honors your fight to preserve your ideals and principles. Labor Day represents your struggle to juggle all the roles and responsibilities in … Read More... “Divorce: Summer Holidays for Those Newly Divorced”

Child Support: Should Step-Parents Income Be Considered?

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Ohio Law Says Step-Parent’s Income Cannot Be Considered When Determining The Amount Of Child Support Owed

child support incomeGenerally speaking, we as a society tend to be of the mindset that if you decide to have a child, then you should be the one to take care of it…period. In reality, however, the issue is not so cut and dry.  Different circumstances and factors come into play which, in the end, can alter who ultimately provides for a child.  Take, for example, adoption.  While the adoptive parent is not the natural, he or she ultimately chooses to become the child’s caregiver and supporter.  What should happen though, in a case where a person is not the biological parent and does not necessarily choose to be financially responsible for a child, as is often the case with step-parents?  When a person with children from a previous relationship remarries, should the new step-parent be on the hook for child support even when their new spouse is not the primary caregiver?

In Ohio, the answer is no.  According to Ohio Revised Code 3103.03(A), the statutory duty to pay child supportRead More... “Child Support: Should Step-Parents Income Be Considered?”

Should you have children? Ask yourself these questions

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children parentingAbout 20 percent of women don’t have children, a rate twice as high as the 1970s according to the Pew Research Center. For some, the decision is due to life circumstances or medical problems. For about 10 percent of women, it is a purposeful choice reflective of their values, lifestyles and interests.

This decision is life altering. Consider the following before deciding to be a parent.

  1. Do you like children?  Some people just don’t enjoy being around kids.  This may be difficult to admit, but please be honest with yourself.
  2. Are you in a stable relationship? Raising children will constantly strain your relationship.  Parenting requires lots of compromise and communication. It’s misguided to bring children into a relationship marked by substance abuse, instability or turmoil and hope that kids will somehow erase those problems. The impact will likely be the opposite. Children exacerbate existing dysfunctions in relationships.
  3. Are you willing to sacrifice, often and indefinitely?  You lose a great deal of freedom the day a child enters your world.I’ll forever remember the day we brought our daughter home from the hospital.  We sat on the sofa, taking
Read More... “Should you have children? Ask yourself these questions”

Regrets

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Should We Try To Avoid Regret?

How Accepting Some Sense Of Regret Will Be A Part Of Every Decision We Will Make

regret divorceA few months ago when I read the novel The Invention of Wings by Sue Monk Kidd, I had no idea that it would include a sentiment that was so wise that I would be inspired to share it.  The main character in the book is struggling with a decision that will impact her for the rest of her life. “Choose the regret you can most live with” is the powerful advice she receives.

Those of you who have been in the office recently may have heard me quote this. In the often gut wrenching world of making tough decisions, this one simple line offers good counsel as often there is no easy, clear resolution.

As much as I valued this sentiment, I was having trouble writing about it in a way that seemed as if it would have meaning. I took a couple of shots from different angles and then moved it to the folder of unfinished blogs.

Then of course, the answer came.… Read More... “Regrets”

Social Media In Divorce – Prenuptial Agreement Provision

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Avoid Post Divorce Disputes – Don’t Forget To Include Social Media Clause in Your Prenuptial Agreement!

social media divorce prenuptial agreementIn the past, we’ve written multiple articles relating to social media. I have linked to some of them at the end of this article.  Now, I would like to focus on an issue that may evolve during a marriage and can expand exponentially after a divorce; social media disputes between couples. This type of ugly dispute has led many in the legal world to conclude that some couples need a “social media clause” in their prenuptial agreement (s).

If you’re connected to the world via social media, you’ve seen this happen.  Let’s say a mid-30’s married couple has a nasty fallout ending in a divorce.  You’re friends with both of these individuals on Facebook, follow them on Twitter, and maybe follow them on Instagram as well.  After their divorce, things get even nastier.  Now, instead of fighting amongst themselves in private and attempting to resolve issues, they’re broadcasting these “differences” on Facebook, Twitter, or Instagram.  These problems can be about anything, even complaining about child splitting time, … Read More... “Social Media In Divorce – Prenuptial Agreement Provision”

Narcissist Spouse In A Divorce – Steps To Recovery

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A Book Review of “Will I Ever Be Free of You? – How to Navigate a High-Conflict Divorce from a Narcissist and Heal Your Family”, Written by Karyl McBride, Ph.D.

Last week we posted an article written by child psychologist, Dr. Gregory Ramey, “Narcissism: Is it all about you? ”  I thought posting it back-to-back with this book review would emphasize the troubling aspects of narcissist personality traits from the varying perspectives of two (2) psychologists.  Publisher’s Note – R. Mues

narcissist divorceNarcissism is defined as a personality disorder that goes beyond mere selfishness and vanity.  It is a prevalent cause of marital and family problems.  Narcissists do not have the capacity to love, understand other persons’ emotions, or feel empathy toward others.  They are grandiose in their need for praise and attention; they overestimate their abilities; and, they diminish persons around them with emotional abuse.

The term “narcissism” comes from the Greek myth of Narcissus, a handsome young man who fell in love with his own reflection in a pool of water.  But, when he reached out to touch his reflection in the water, he shattered … Read More... “Narcissist Spouse In A Divorce – Steps To Recovery”

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