Divorce: Service Of Process In Ohio

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Don’t Know Your Spouse’s Location? How to Complete “Service of Process” When Seeking A Divorce In Ohio

divorce service of processWhen I am retained by a client (Husband or Wife) who is seeking a divorce from his or her spouse, one of my initial questions is:  Do you know where your spouse is residing?  Or, do you know where your spouse is living or working?  This information is important as the spouse will need to be formally “served” with the Complaint for Divorce and associated pleadings (Financial Affidavit, Parenting Proceeding Affidavit, Family Questionnaire, and Title IV-D Application for Child Support Services).  The two (2) most commonly used methods of serving a party with the necessary divorce papers are:

  1. Personal Service of Process:  A Process Server is identified to personally go to the residence or place of employment of the Defendant and to personally deliver the divorce packet (containing all the pleadings and Summons of the Court) to the Defendant.  The Process Server then notifies the Court that personal service of the Defendant has been completed or accomplished.  What are the qualifications of a Process Server?  The person must be eighteen
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Parents Behavior During Divorce Can Often Lead To Child Favoritism

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Behavior Dangers: Poll Reveals Financial Or Marital Stress Can Affect Parents Behavior Toward Their Child

parents behavior child childrenA recent 60 minutes “vanity fair poll” discussed numerous situations in which parents discussed their feelings, and opinions regarding their children.  The poll consisted of calling 1,000 adults nationwide and polling their opinion.

Some of the results were obvious, for example 90% of the parents polled stated that of all their children, they did not maintain a favorite, and all were equal in their eyes.  An article in Psychology Today discussed the dangers of not treating your children equal.  Stating often, a child personality and behavior play a large role in favoritism, in that parents often pick their “best” child.  This is also significant because once a child maintains the “favorite” role; this attention can mold their personality and behavior.

Another point the article makes is how stress, often financial or marital, can affect the way individuals approach their children, often creating a favorite, and reducing the ability to either mend a relationship or to show your true affection.

Another topic the poll considered was the “behavior … Read More... “Parents Behavior During Divorce Can Often Lead To Child Favoritism”

Dads Should Work Harder on Forming Bonds with Their Children

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Father’s Day Advice To Dads: Talk less and listen more To Your Children

dads childrenWhile parents worry about the impact of peers, technology or a crass culture, teens consistently report that their moms and dads exert the most important influence in their lives.

Moms trump dads when it comes to importance, with 47 percent of kids reporting that moms are their most influential relationships, compared to only 20 percent for dads. Why do kids feel that way?

Part of this may be due to the number of families headed up by moms, who are in charge of 75 percent of single-parent families. Kids just don’t have much access to their dads.

Even in two-parent families, children have little routine contact with their fathers. While this has changed dramatically in the past 50 years, research indicates that moms still spend twice as much time caring for kids as do dads.

The issue isn’t just the amount of time that dads spend with their children. Kids tell me they feel closer to their moms for the following reasons.

  1. Moms are nicer. Kids generally describe their moms as more
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Internet Becomes First Choice For Attorney Searches

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The Most Popular Way To Find An Attorney Is Through Internet Searches According To Survey

internet attorneyA recent survey conducted by Thomas Reuters (published by Findlaw.com) found that today more individuals prefer using the internet to find an attorney than any other method.  Of the individuals surveyed, 38% preferred to use the internet as a first choice to find their next attorney.  This percentage rose from 7% in 2005 to the current 38% in 2014.  The second choice, asking a relative or friend, dropped from its 2005 percentage of 69% to a mere 29%.

The advancement of the internet as a tool to find attorneys should come as no surprise.  The internet is booming in the United States and has continued to rapidly spread among all age groups in usage and access.  The United States ranks second worldwide in internet subscriptions (behind China) but ranks number one in the world with mobile access to the internet.  The full list can be seen here.   These numbers have been increasing drastically over the past few years, but are not the only significant impact on individuals using the internet to … Read More... “Internet Becomes First Choice For Attorney Searches”

International Divorce: Hague Convention Abduction Report Issued

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Hague report lists countries who are not compliant; seek experienced International Divorce and Abduction Attorneys as early as posibile.

International Divorce Hague AbductionThe U.S. Department of State Office of Children’s Issues has now submitted its annual report pertaining to compliance problems on international abduction matters for 2013. This “compliance report” identifies countries that are “Not Compliant with the Convention” and countries that show “Patterns of Noncompliance with the Convention”.   This 51 page report lists cases that have remained open and active for 18 months or more after the convention application was filed.  The report also lists countries with Convention enforcement concerns.

Highlights include:

  • Costa Rica, Guatemala, and Honduras were determined to be “non-compliant” with the Convention.  Both Costa Rica and Guatemala demonstrated non-compliance in the areas of judicial and central authority performance.  Honduras demonstrated non-compliance in the areas of judicial, law enforcement, and central authority performance.
  • Brazil and the Bahamas have showed “patterns of noncompliance” with the Hague.  Bahamian courts improperly treat Hague cases as custody matters, not in an expedited fashion that is required.   Brazil’s issues seem to center with the long court review process, problems locating the
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Adoptees Can Access Original Ohio Birth Certificate Says New Ohio Law

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New Ohio Adoption Law Helps Adult Adoptees Find Their Original Birth Parents

adoptees law birthA new law in Ohio will unseal records for about 400,000 Ohio adult adoptees.   This law, Senate Bill 23, was signed by Gov. John Kasich on December 19th. This new law will unseal records and allow these adoptees to find out who their birth parents are.  This is done by allowing adult adoptees to access their original birth certificates, which list their birth parents.

According to Adoption Network Cleveland founder and Executive Director, Betsie Norris, this legislation was the sixth attempt to address this issue in the past 25 years. “Birth parents, adoptees, adoptive parents and adoption scholars and professionals all testified in favor of this bill,” she said. “There was no stated opposition, and we are also thrilled that the bill had such overwhelming support in the Ohio Legislature.”

The previous law regarding this type of discovery was very convoluted.  Essentially, one law had three separate requirements depending on your age and the time period in which you were adopted.  Previously for the adoptees, anyone adopted prior to 1964 had to pay … Read More... “Adoptees Can Access Original Ohio Birth Certificate Says New Ohio Law”

Adultery in the Military

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Is Adultery A Crime Under The Uniform Code Of Military Justice?

The Legal Ramifications For Military Members Who Commit Adultery

adultery militaryAdultery is fairly common in our society.  Frequently, adultery is the grounds for many legal separation and divorce actions; however, “marital fault” is not typically given a great deal of attention by our legal systems.  There are some steps individuals can take to help ensure their asset protection from adultery, such as prenuptial agreements, which may limit the ability for one spouse to take part in the estate once the divorce commences.

A research report conducted by the Associated Press found that nearly 22% of men have strayed during their married lives, and nearly 14% of women have done the same.  Even more say that if they could have an affair, and never have the risk of being caught, they would (Men = 74% Women = 68%).

These numbers are staggering, but not totally surprising.  Adultery isn’t a crime, and individuals are more often than not free to act on these urges with no legal ramifications (outside prenuptial agreements).  Things get a bit more complicated if these … Read More... “Adultery in the Military”

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