Did Your Ex-Spouse Take the Easter Baskets? Resurrection After the Crucifixion of Divorce…

easter2.jpgHolidays for those that have become divorced can be very difficult times. Easter is no exception. Have old memories of good times and happiness morphed into feelings of anger, regret and pain? We all know that Easter, in its most religious meaning, is the celebration of the resurrection of Jesus Christ. Some European countries stop the daily ringing of the church bell on Thursday in memoriam of the death of Jesus Christ. The daily tradition begins once again the early morning hours of Easter Sunday in commemoration of the resurrection. Devout Christians in America celebrate Easter in the spiritual manner, as do devout Christians all over the world.

But regardless of your religious beliefs, from a practical standpoint, Easter is about forgiveness, life, and in a sense, everlasting life. For those of us, however, who think about Easter in terms of the Easter Bunny, coloring eggs, surviving sugar-crazed kids, or spring break, Easter can still be a time of reflection and resurrection. If you feel that you have not been able to transition well from your divorce and are stuck in a negative emotional “time warp”, isn’t it time to commit to making a positive change? Or, in a sense, … Read More... “Did Your Ex-Spouse Take the Easter Baskets? Resurrection After the Crucifixion of Divorce…”

Ohio Enacts New Booster Seat Law

seat_boost.jpgOn January 6, 2009, Governor Strickland signed Sub. H.B. 320.  This new law requires children between the ages of four and eight and under 4’9″ tall to be restrained by booster seats.  The law provides that this is a secondary offense, requiring the driver to be stopped for another reason before a citation may be issued.  The law goes into effect on April 6, 2009.  Warnings will be issued for six months before fines, ranging from $25 to $75, can be imposed.  Governor Strickland is seeking to increase those fines to between $50 and $100 in his proposed budget. Thanks to our friends at the Cleveland Law Library Weblog for posting this summary! To learn more about the new law, click here.

Why One Should Not Postpone Post-Divorce Estate Planning

Attorney Joseph E. Balmer is head of the estate planning and probate department at Holzfaster, Cecil, McKnight & Mues and is one of only 17 attorneys in the Dayton, Ohio area to be certified specialist in estate planning and probate administration.

epwait.jpgMany individuals first think about estate planning when they get married. They realize that, at a minimum, they should have a will, general power of attorney and power of attorney for health care. They may later amend these documents due to life changes or changes in their financial position. However, one might be surprised to know that a recent survey by PNC Wealth Management disclosed that 30% of adults with financial assets of $500,000 or more did not have a will! A recent Harris Interactive survey of the general population found that 58% of all adults had no will. One might be even more surprised that if he or she had a will and became divorced, he or she may be no better off than if he or she had no will.

Fortunately, under Ohio law, if one is divorced, unless the will specifies otherwise, one’s ex-spouse is deemed to have predeceased the individual; and thus, will not inherit … Read More... “Why One Should Not Postpone Post-Divorce Estate Planning”

Who Needs Cupid?

valen.jpgValentine’s Day is the start of the busy season for Dayton divorce lawyers.  Many couples wait until after the holidays and it gives them time to file their taxes “jointly” and receive a larger refund.  It also can be a reckoning day when people decide that they deserve better.

While romance abounds with cupid’s magic for some, it also can be a difficult time for many divorced individuals who don’t have a valentine to share it with.

Here are some tips from Jennifer McCarron and Eugene Kayser, licensed family therapists from Abington, Pennsylvania:

Ignore the holiday

Think about Valentine’s Day like a holiday for a religion you do not celebrate.  Simply decide you are not participating in the activities typically associated with the day.

  • Do something special for yourself.
    Go to a spa, take a walk or try any other activity that nourishes you. Kayser said, “showing love and regard for yourself can make you feel stronger”. “You need to self nurture,” he said. “You’ve lost something so you need to take the time to grieve it and take care of yourself.”
  • Go out, but not where you typically find couples.
    A trip to the bookstore or coffee shop
Read More... “Who Needs Cupid?”

Mom Loses Custody For Alienating Children From Their Father For Over A Decade

pas_can1.jpgAn Ontario, Canada, Superior Court Judge issued a thorough well-reasoned but very unusual decision on January 16, 2009, changing custody of three (3) girls, ages 15, 11 and 9, from their primary caregiving mother to the father based upon evidence of a long pattern of parental alienation.  In fact, Mother had denied Father, a vascular surgeon, any contact with the girls for about two (2) years before these proceedings.

Judge Faye McWatt not only changed custody to the father, but denied Mother any contact with the girls for at least 90 days.  The Court concluded that Mother had conducted a “consistent and overwhelming campaign for more than a decade to alienate the children from their father”.

The Court was impressed with the testimony from Dr. Barbara Fidler, an expert in the field of parental alienation.  The Court, in its decision, stated:

Dr. Fidler testified that children are more susceptible to alienation in certain age ranges. She explained that from 5 to 8 years of age, children can have shifting allegiances to parents. Once a child’s brain develops to a point where the child can hold both positive and negative information about a parent, though, children can become confused. They begin … Read More... “Mom Loses Custody For Alienating Children From Their Father For Over A Decade”

Divorce And Insurance Policies: What Divorce Attorneys Need To Know To Protect Their Clients

bwilson.jpgYou may not be aware that, years after you have prepared a separation agreement, it may have a direct bearing on whether your clients are covered under their auto or homeowners’ insurance policies in a variety of accident scenarios.

Here’s a typical scenario. Months or years after Mom and Dad are divorced, one of them hands the car keys to “Junior,” who negligently wrecks the car and injures another motorist. One or both parents, thinking that Junior is covered under their auto policy, turn the claim into their insurer, only to be shocked that the insurance company denies the claim.

There are two principal reasons why the claim might be denied: Junior is not a “named insured” or a “resident relative” under the policy. If the denial holds water, Junior and perhaps his parents may be exposed to personal liability, and the distinct prospect of bankruptcy. The question is: Is there anything the divorce attorney can do to ensure or increase the likelihood that minor children will be covered in a future accident under one or both parents’ insurance policies?

This accident scenario has been frequently litigated. Courts examining this issue have focused on what constitutes “residing” with a particular … Read More... “Divorce And Insurance Policies: What Divorce Attorneys Need To Know To Protect Their Clients”

Ho! Ho! Ho! Holiday Ramblings from the Publisher . . .

I want to wish everyone a most joyous holiday season!

hoho.jpgThis is an appropriate time to reflect upon memories of past Christmas celebrations and traditions. In our family, we were very involved with a Christmas project providing gifts for needy children for many years while our sons were growing up. As a family, we spent countless hours working at the Center. We have tried to instill upon our family the importance of sharing and helping others. It is too easy this time of year to become consumed by all the shopping, decorating, numerous errands and superficial things. Focus can be lost on real matters of consequence, such as the meaning and importance of family. Regardless of one’s religious convictions, this is an excellent time to reflect upon our core values and aspire to do what we each can to make the lives of others around us better, even if it is in some small seemingly insignificant way.

Family issues are obviously important, both personally and professionally. Much of my professional life is spent with clients discussing family and marital issues. In my conferences with clients, I often find that many have obtained bad or erroneous information from family, friends or … Read More... “Ho! Ho! Ho! Holiday Ramblings from the Publisher . . .”

Page 12 of 16
1 10 11 12 13 14 16