Engagement Ring Blues

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Who Keeps the Bling After a Break-up? Engagement ring ownership is defined under Ohio law.

engagement ringAt 18 years old, Johnny and Patty are in love.  Johnny has been dating Patty for almost 4 years.  Upon graduating high school, both decide to attend a four-year college in Dayton, Ohio.  Johnny and Patty decide to take all the same classes and spend nearly every waking minute with each other.  The summer prior to moving, Johnny approaches Patty’s parents and asks if he can propose.  Patty’s parents grant permission, believing the two to be inseparable.   Johnny, who recently fell into some money from an inheritance, decides to purchase a $25,000 dollar, (3-carat) solitaire ring.  He absolutely loves the ring, and upon asking Patty to marry him, she immediately accepts.  Three weeks into the engagement, Patty and Johnny have a severe argument about their hometown sports team and, believing their differences to be too severe, decide to call off the engagement.   Patty tells Johnny she doesn’t plan on returning the engagement ring and is hoping to sell the ring and pay for a semester of college tuition.  Johnny runs home and   … Read More... “Engagement Ring Blues”

Social Media: Is It Public Shaming?

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How Facebook And Other Social Media Have Turned Private Family Matters Into Public Spectacles

social mediaSocial Media has reared its intrusive head since the early 2000’s. With the founding of MySpace in 2003, teenagers and young adults have connected beyond the letters snuck through classrooms, and the phone calls from landlines.  The early stages of MySpace allowed individuals to edit, create, and develop their page to fit their interests, often showing the personality types of the users, and allowing them to connect and interact with other students or friends.  The path that social media has taken since those “good ole days” has shifted into a realm of confusion… Facebook, YouTube, GooglePlus, Twitter, LinkedIn, Instagram, Photobucket, Pintrest, MyLife, and many more roam the internet fiendishly adding users every day.

This evolvement has spun the norms of social media into a whirlwind where instead of just students and young adults connecting, your worst fears of your parents, employers, pastor, community members, friends’ parents, and even pets have somehow worked their way into the picture.  No longer must you worry about your parents discovering your notes in the pocket of your … Read More... “Social Media: Is It Public Shaming?”

Pet Custody in Ohio

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Who Retains Custody Of The Family Pet In A Divorce?

petMany people consider their pets an integral part of their family. When two people divorce, the fight over the family pet can often turn into a bitter battle.  In response to these feelings towards pets, a growing number of states have enacted statutes providing for the custody of the family pet.

Traditionally, courts have treated pets as a form of a chattel. The Ohio Revised Code § 955.03 follows the traditional view stating that a dog “shall be considered as personal property”. This treatment as personal property results in the “custody” of the household pets to be determined during the division of marital property. If the parties to a divorce are unable to agree as to who will retain ownership of the pet, the court is likely to determine who the pet goes to just like any other item of personal property. Many people have found this treatment of pets to be cold. Notwithstanding the fact that pets are treated as personal property, a court has wide discretion when making a division of marital property. A … Read More... “Pet Custody in Ohio”

Spy on My Spouse? Is It Legal In My Marriage?

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Avoid Legal Trouble, Consult With An Experienced Family Attorney Before You Spy On Your Spouse!

spyA husband or wife can get themselves into some messy legal situations when they spy on their spouse.  Often, the best way to combat this situation is through communication.  Clearly, if you’re suspecting your spouse of somehow breaking the marriage vows, then you’re faced with trying to improve communications (at the very least).  Perhaps entering into marriage counseling together would be beneficial.  If these efforts have failed, there are a few steps you can take to avoid criminal situations when it comes to spying on your spouse.

  1. Tape-Recording:
    Tape recording is a tricky technique to master.  The Federal Wiretapping laws allow for some type of recording, but in order to satisfy this statute and avoid criminal prosecution, you must follow specific steps.   You have to make sure that you’re only recording your spouse in conversations to which you’re a party.  You CANNOT record your spouse speaking with another person.
  2. In Home Surveillance:
    Videotaping inside your home is permissible under the law.   This situation has arisen in a few cases in Ohio,
Read More... “Spy on My Spouse? Is It Legal In My Marriage?”

Marriage Advice for Brides – Plan Ahead!

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Practical Tips To Protect Yourself If Marriage Ends In Divorce

marriageIn the season of weddings, it occurs to me that while many of us received  advice when we got married, most of it was about how to keep the relationship vibrant  (never go to bed angry) or (in my generation) how to keep your man happy (“ a way to man’s heart is through his stomach”).

While we still love the romance of weddings and marriage and hope for happily ever after, we also cannot ignore the reality that approximately 50% of all marriages end in divorce. And while NO one walks down the aisle thinking well, if this doesn’t work, I will just get a divorce, there are some important issues for a young woman to keep in mind as she makes this life-changing decision. Because, as we all know, S…T Happens.

Put your heart and soul into your marriage, work to be loving and understanding and listen well, never take each other for granted and treat each other with respect; but since there are no guarantees, make sure you take care of yourself. Your marriage … Read More... “Marriage Advice for Brides – Plan Ahead!”

Divorce in Ohio: Can the Court Order an Unequal Property Division?

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Might You Be Entitled to a Distributive Award of Property in Your Divorce Case?

divorceWhat Constitutes Normal Property Division in a Divorce?

When a divorce occurs, property and assets are to be split equitably by the Court which typically involves a 50/50 split.  This approach generally covers all property obtained during the marriage.  This is true regardless of the basis (or grounds) for the break-up of the marriage.

What Happens if One Spouse Commits Financial Misconduct?

Unfortunately, sometimes a party anticipating a divorce will commit acts of fraud, concealment or transfer property to avoid dividing any assets. When this type of conduct occurs and it can be sufficiently proven, courts may order an unequal division of property and issue a “distributive award”.  The courts are given broad discretion in deciding how to separate the assets, and this discretion is given significant deference on review by appellate courts.

Statutory Definition Regarding Property Division in a Divorce:

ORC 3105.171 states that in a divorce or dissolution:

“(3) The court shall require each spouse to disclose in a full and complete manner all marital property, separate property, and other assets, … Read More... “Divorce in Ohio: Can the Court Order an Unequal Property Division?”

Interim Attorney Fees: Filing For The Financially Disadvantaged

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How to Request Interim Attorney Fees in Divorce Cases in Montgomery County, Ohio

interim attorney feesIf you are a family law attorney practicing in Montgomery County, Ohio, you must be familiar with Local Rule 4.14(B) which reflects the following language:

“Upon the Court’s own motion or motion of either party, interim attorney fees may be awarded without an oral hearing to allow an economically disadvantaged party to be adequately represented, or to adequately represent the interests of a minor child.  The Court may award such reasonable interim attorney fees as the Court deems necessary and upon such terms as are equitable.  In matters pending before a Magistrate, the Magistrate may determine an interim fee request under the procedures provided for Magistrate Orders.”

The language of the rule raises several questions:

  1. What are interim attorney fees?

    “Interim attorney fees” are fees that could be awarded for the time between the filing of a Complaint for Divorce and the Final Divorce Hearing.  These interim attorney fees are requested so that both parties in the divorce proceeding have adequate monies to have their interests represented before the Court.

  2. Who is the “economically
Read More... “Interim Attorney Fees: Filing For The Financially Disadvantaged”
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