A Good Divorce Therapist is Critical to Your Emotional Health!

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goodtherapist.jpgFor most people going through a divorce, there is no substitute for having a neutral professional by their side who is trained to listen and discuss the emotional issues relevant to a divorce.  The emotions many encounter are similar to dealing with a death or loss of a loved one.  Therapists may refer to the stages of emotion by differing names, but they are: shock, denial, anger, sadness, and finally, acceptance.

In my practice I discuss counseling with virtually every new divorce client I meet.  Many clients going through a divorce feel like their life has been completely turned upside down.  Even if the individual has some sort of a “support network”, this is usually not an adequate substitute for having a good therapist. Most friends or family members are not trained or equipped to provide objective professional guidance and steady you through the divorce process, which often can turn into a very long marathon.

I have seen over the years how important it can be to work collaboratively with a divorce client’s therapist.  The therapist is not trained in the law, and I am not trained … Read More... “A Good Divorce Therapist is Critical to Your Emotional Health!”

Potential Civil Liability for Unauthorized Access to Another’s Email Account

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emailcivil.jpgI am not an Internet or cyberlaw expert by any stretch of the imagination. But I am not alone in that regard according to an interesting Associated Press. story that Judges on the nation’s top court are handicapped by a lack of knowledge about the Internet when deciding related cases–Justice Stephen G. Breyer, a U.S. Supreme Court justice, admits. If you have a minute, click on the link in blue to read some pretty humorous exchanges from the Justices when discussing technology related issues.

Without trying to grapple with all the subtle nuances on this subject, I do think it is important to make people aware that there are potential legal ramifications for anyone who enters another’s email account without permission and prints or downloads stored emails. There are two portions of the Electronic Communications Privacy Act (ECPA): the Wiretap Act and the Stored Communications Act (SCA). Title I of the ECPA, the Wiretap Act, prohibits interception of communication in certain instances.

An important case, especially for family law practitioners to read, is Jennings v. Jennings, a South Carolina case decided in July, 2010.   It … Read More... “Potential Civil Liability for Unauthorized Access to Another’s Email Account”

Non-Payment of Child Support May Result in Denial of a Passport

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passportreject.jpgMost people don’t realize that if you have a child support arrearage of more than $2,500 that you are NOT eligible for either a renewal or the issuance of a U.S. passport.  Also, be aware that there is no guarantee that even if your arrearage balance is below $2,500 that you will be allowed to obtain a passport because you are still in arrears. Many people who had intended to travel abroad have learned about this restriction the hard way and ended up having their plans aborted by a passport denial. Think about the implications if, for example, you were planning on getting married overseas and the passport request is denied.

To learn more, click here to go to the U.S. State Department’s Travel Abroad website to read about the mandatory process that must be undertaken before any passport application will be processed. You need to make arrangements to pay the State Support Enforcement Agency where child support is owed BEFORE you submit your application for a U.S. passport.  Also, all questions about your child support arrears or the status of a payment should be directed to … Read More... “Non-Payment of Child Support May Result in Denial of a Passport”

Child Abuse Investigations: Good, Bad or Ugly?

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abusepre.jpgMost of us are familiar with Child Protective Services, or CPS.  CPS, or an agency with a similar name, is the agency in each state that has assumed the task of protecting our kids from abuse or neglect by adults, especially their own parents. A recent study explained in the October 2010 issue of Archives of Pediatrics and Adolescent Medicine suggests that child abuse investigations do not significantly reduce risk for future violence or abuse.  In fact, the study links investigations to increased depression in mothers.  The results have given ammunition to many who had already been calling for a drastic scaling back of CPS and the many millions of dollars that Congress and state legislatures annually direct towards CPS.

Congress passed the Child Abuse Prevention and Treatment Act in 1974 because of concerns about battered children.  That Act was also designed to encourage more thorough and accurate reporting and record-keeping in child abuse cases.  These days, the role of CPS has grown and evolved.  In 2007 alone, CPS nationally investigated more than three million cases of suspected child abuse.  Today, CPS also enjoys almost unlimited investigative … Read More... “Child Abuse Investigations: Good, Bad or Ugly?”

Can a Spouse Obtain a Civil Protection Order for Verbal Abuse?

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The topic for this particular article concerns Ohio’s Domestic Violence Statute which is O.R.C. Section 3113.31.  In it “domestic violence” is defined as the occurrence of one or more of the following acts against a family or household member:

  • Attempting to cause or recklessly causing bodily injury.
  • Placing another person by threat of force in fear of imminent serious physical harm or committing a violation of section 2903.311 (menacing by stalking) or section 2911.211 (aggravated trespass) of the Ohio Revised Code.
  • Committing any act with respect to a child that would result in the child being an abused child, as defined in section 2151.031 of the Ohio Revised Code.
  • Committing a sexually oriented offense as defined in section 2950.01 of the Ohio Revised Code.

Some readers may be wondering, “what is a Civil Protection Order?”  A Civil Protection Order (CPO) is an Order that can be granted by a Court upon hearing a petition alleging domestic violence.  It is initiated in the Common Pleas Court usually in the Domestic Relations Division. This is the civil counterpart to a criminal Temporary Protection Order (TPO) which is often issued … Read More... “Can a Spouse Obtain a Civil Protection Order for Verbal Abuse?”

Single not Sad on New Year’s Eve

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aloneny.jpgMany of us actually prefer to stay home on New Year’s Eve or spend the night with friends rather than get all dressed up to trudge through snowy, icy weather, only to eat and drink too much! Yet, the fantasy of this night still seems to hold many captive. The notion of “being alone” on New Year’s Eve makes an otherwise strong, capable, independent adult feel like a gawky 13-year-old wallflower! How is it that one can be spending New Year’s Eve with friends, family, and children, but without a date, will say, “I am alone”?

It is time to shake off those old myths about New Year’s Eve! Not having a “date” on New Year’s Eve is not an indication of social incompetence; it is simply a change. If this is your first New Year’s Eve without your spouse, then this is your first New Year’s Eve as a single person. While you certainly have suffered the pain of a loss, there is also much to look forward to. This is a New Year and a new beginning, and it is worth celebrating! Here are some … Read More... “Single not Sad on New Year’s Eve”

What to Bring to Your First Meeting with a Divorce Attorney

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firstmeetObtaining a divorce or dissolution is a process which often needs to be broken down into stages. Once you have reached the stage when you know that the marriage is “over”, you will need to then start the process of finding a divorce lawyer. Don’t overlook the importance of this step! There are a lot of divorce lawyers out there and finding the “right” one for you can be critically important. To read our suggestions about that subject click here to read the first part of our article about how to select a divorce lawyer and click here to read the conclusion of that article.

It is always a good idea to interview several lawyers. So, once you have the appointment scheduled, what should you consider bringing? Being prepared for that initial conference is important. Recognize that you may be nervous or emotional, so having a list of all your assets, liabilities and questions is a must.

Depending upon your issues and the facts of your case, here is a list of items to consider bringing to that initial meeting:

  • Prenuptial Agreement – a copy of yours
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