Why Selecting One Court Over Another Could Be Important In Your Dissolution

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timeismoney.jpgIn order to terminate a marriage in the State of Ohio via a divorce proceeding, the party seeking to terminate the marriage must meet certain requirements as to residence of the parties.  By law, if a party is seeking a divorce from the other party in Ohio, one of the parties must have been a resident of the State of Ohio for more than six (6) months and a resident of a particular County for more than ninety (90) days preceding the filing of the Complaint for Divorce.  By contrast, if the parties in a marriage seek to terminate their marriage by a dissolution proceeding, one of the parties must have been a resident of the State of Ohio for more than six (6) months before filing their Petition for Dissolution of Marriage.  By statute, Ohio Revised Code (“ORC”) Section 3105.62 reflects the following language:

“One of the spouses in an action for dissolution of marriage shall have been a resident of the state for at least six months immediately before filing the petition. . . .”

The difference in the jurisdictional requirements for filing a Complaint … Read More... “Why Selecting One Court Over Another Could Be Important In Your Dissolution”

Tips to Help Avoid the Summer Parenting Blues…

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Summers can be a difficult time for parents separated from their children for extended periods of time.  Ann Dunnewold, Ph.D., author of Even June Cleaver Would Forget the Juice Box, gave the following tips to Parenting magazine about ways to keep in contact with children away from home during the summer:

  1. Use your cell phone. Although the idea of entrusting a cellular device to your 6-year old (never mind kids younger than that) is appalling to many parents, allowing a child to have access to his or her mother or father’s voice is a simple and effective way to stay connected.  If the babysitter or another parent is with the child while you are not, simply ask them to cooperate and lend the child their phone.  A study conducted at University of Wisconsin-Madison shows that girls who talked to their mothers via phone felt calmer and happier as those whose mothers were physically available for hugs.  Hearing a parent’s voice lowers a child’s cortisol (stress hormone) and released oxytocin, a hormone associated with physical contact. 
  2. Make a recording. If you know you’re going to be stuck
Read More... “Tips to Help Avoid the Summer Parenting Blues…”

Would You Recognize This as Abusive Behavior?

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When we hear “abusive behavior” we often think of physical violence. Abusive behavior is not always physical. Even though there may be no visible wounds, abusive behavior can be very damaging to the individual, the relationship and the family. Consider if these abusive behaviors are present in your own relationship.

  • Criticizing you, your friends, family, job, or anyone or anything important to you. 
  • Blaming you for everything.
  • Making fun of you in front of other people. This includes remarks about your looks, family, job, or sex.
  • Demanding that you account for all your time.
  • Listening in on your phone conversations.
  • Reading your mail or e-mail.
  • Isolating you from your friends and family.
  • Yelling, throwing things, slamming the counter, slamming doors, punching walls.
  • Using sarcasm.
  • Ordering you about.
  • Controlling or limiting your access to money.
  • Discussing you behind your back.
  • Demanding s/he have everything done her/his way.
  • Controlling what you wear.
  • Forcing you to have sex or to do sexual things you are not comfortable doing.

abusive_behavior.jpg

Some women have commented, “Well, he does some of those things, but don’t all men?” No, not all men behave this way! … Read More... “Would You Recognize This as Abusive Behavior?”

The UK Mourns the Passing of “Big George” Webley

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bg_pass.jpgI was saddened to learn that George Webley, the host of the weeknight program on BBC London 94.9, died on May 7, 2011, at age 53. BBC London 94.9 Editor David Robey said, “Big George lived up to his name in every sense, a larger than life character with a radio personality to match. He was a truly distinctive broadcaster who will be terribly missed by his many devoted listeners and his colleagues.” He also had a long career as a musician and composed TV theme tunes, including “Have I Got News For You.”

I personally had the pleasure to appear as his guest on his show in July of 2009. As an American divorce lawyer, I was asked to share my perspective about the use of prenuptial agreements in the United States in light of a recent ruling that legalized their use in England. It was truly a fun experience for me to chat with “Big George.” His sense of humor was wickedly funny and his charisma apparent! Here is a link to  the video of a late-night vigil after his death near the BBC studios, … Read More... “The UK Mourns the Passing of “Big George” Webley”

Why Preparing Clients For Deposition Is Like Making Pancakes

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pancake.jpgWhat is the one HUGE secret for making fluffy pancakes that rise like they should, as opposed to those paper thin, dense duds devoid of any texture or sponginess? And, by the way, as a long time weekend pancake slinger, this secret applies to homemade recipes (my usual choice) all the way down to the instant “just add water” mixes.

The secret? Don’t overwork the batter and DO NOT stir the lumps out of the mix. Simply add enough liquid (per whatever directions you’re following) to dissolve the dry batter and gently fold the liquid in. Within a few seconds, you’ll have enough consistency to be able to spoon or ladle a lump-filled blob of batter onto your griddle or into your pan. And then watch them slowly puff up and rise, in airy like, glorious fashion.

Not too long ago, I came to the conclusion that preparing our clients for deposition is a lot like making pancakes. We hit clients with all these pre-deposition rules like “don’t guess,” “don’t ramble,” “answer only the question you’re asked and don’t volunteer anything,” etc. I could go on and … Read More... “Why Preparing Clients For Deposition Is Like Making Pancakes”

My Husband Committed Adultery, Humiliated Me, and Embarrassed Me in Our Community…Why Don’t I Get More Than 50% of the Assets? It’s Not Fair!

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divide_assets.jpgHow many times have we heard those comments and criticisms from our clients and their family members?  In many of my initial interviews with potential clients and their family members, I get the distinct impression that they believe the errant Husbands should be “tarred and feathered,” put in stocks in the village square so that raw eggs and tomatoes could be thrown at them, or sentenced to hard labor in a coal mine in Siberia!  I try to gently break the news that those things are not going to happen in the State of Ohio.

Our state is a “no fault” state …which essentially means that the Court does not care why the marriage is being terminated.  Therefore, the Court does not assign blame to Husband or to Wife.  Neither party is “punished” by the Court for any transgression that might have occurred during the marriage.  “No Fault Divorce” has been defined as follows: “A marriage/dissolution system whereby a divorce or dissolution is granted without the necessity of proving one of the parties is guilty of marital misconduct.”

Essentially, I can assert that Husband has been guilty … Read More... “My Husband Committed Adultery, Humiliated Me, and Embarrassed Me in Our Community…Why Don’t I Get More Than 50% of the Assets? It’s Not Fair!”

Before You Start Swinging…Call the Dayton Mediation Center!

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bad_neighbor.jpgHave you ever had a dispute with that grumpy neighbor next door or across the hall to the point that the two of you were ready to exchange words…or blows?  Ever have a dispute with a shady landlord who was trying to evict you for no good reason? Have you ever had intense disagreements with your family members over when or where to send one of your elderly parents after it became just too hard to provide proper care for that parent at home anymore? If you can answer “yes“ to those or to any other stress inducing interpersonal conflict you may have, resolving that conflict at the Dayton Mediation Center is an option you may not have known was available.

As a divorce attorney who understands that many big problems can be avoided if conflict can be addressed as soon as a small situation arises, I recently visited the Dayton Mediation Center to find out exactly how they help people solve their conflicts.  Michelle Zaremba, the Director of the Center, explained their mission and what mediation is all about.  She was quick to point out that … Read More... “Before You Start Swinging…Call the Dayton Mediation Center!”

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