I vividly remember litigating a very contentious divorce case back in the early 1980’s. The Magistrate who heard the dispute still occasionally pokes fun at me about the case! Husband and Wife wanted to argue and fight over the division of a voluminous list of household goods acquired during the marriage, most having little or no value. Since then, when I was a young lawyer, I believe I have now been able to gain some valuable insight on litigation of this nature.
Typically, Judges and Magistrates do not want to litigate these type of disputes, partly due to the dollars in controversy, but more often because of the irrational positions and fervor of the contestants. Now, understand that I am referring to replaceable used household goods, furniture and other sundry items acquired during the marriage, not valuable jewelry, guns or coin collections, separate premarital property or items with sentimental value.
Going to Court and actually litigating virtually any family law issue these days is both a time consuming and an expensive process. Common sense and logic support making all reasonable efforts to narrow the contested issues in a divorce case to the most significant ones, such as parenting time, custody, … Read More... “Who Gets the Disposable Paper Bed Sheets?”
Throughout life, we sometimes encounter difficult people. We may argue with them, fall silent, comply or take distance. In a divorce, particularly an acrimonious one, difficult behaviors abound. No one is on their best behavior under this amount of stress. Figuring out how to cope with difficult behavior is a bit easier once you can identify why a person behaves in a certain way and what he/she hopes to accomplish. Here is a list of the most common behaviors that frustrate us all and suggestions for dealing with them:
Every Sunday I look forward to reading Dayton Psychologist, Gregory Ramey’s article in his Family Wise Column in the Dayton Daily News. A few weeks ago, he wrote a very interesting piece about “the pursuit of happiness” but not from the legal perspective as contemplated by our forefather’s in the Declaration of Independence, but from a psychological viewpoint.
I am constantly scouring the web to find valuable information to post here. I was pleased to recently find an excellent website geared towards children’s issues. 
Recent estimates indicate that possibly more than twenty-five percent of all homeowners are upside-down on their home mortgages, meaning that they owe more on their home loan or loans than the fair market value of the residence. This makes it virtually impossible to sell at a private sale. When a couple goes through a divorce or dissolution and needs to divide the assets including such a home, what are they to do? One answer is to walk away from the house, which will lead to foreclosure litigation and a crippled credit rating. Another possible answer is to complete a “short sale”.
Through the divorce process, children deal with many changes. One of the most significant adjustments children have to make is living in two homes. Even if a child visits one parent for a few hours a week, the child should feel at home there. This helps foster connection with the non-custodial parent and helps the child to recognize that the non-custodial parent didn’t “divorce” him/her. Issues of abandonment and rejection are paramount for children of all ages, although the young ones can’t express it and the older ones either won’t or they “act out.” Creating a sense of belonging in both homes assists the child in making a healthy transition. Many children actually enjoy having two homes because they get special attention; often have two birthday parties and two sets of Christmas or Chanukah gifts.