Whose Kids Are These?

whosekids.jpgEven young children are aware that they are part of both parents. We tell them the story of our courtship, our wedding and of their birth. We show them baby pictures. “You have Daddy’s smile and you have Mommy’s eyes,” we tell them. This is one way children feel they are part of a family. It helps our children develop a sense of identity and belonging. As children grow older, we begin to identify more traits in them that remind us of ourselves. “You are artistic like your dad” or “you have your mom’s wit” are further ways we continue to build connection with our kids.

But when a marriage starts to deteriorate, parents sometimes focus only on the worst traits of their spouse and now flinch at any similarity they may see in their children. When anger and stress collide, parents find themselves comparing their children in a negative way to “you’re no good lazy cheating father” or “that crazy drunk of a mother.”

As acrimony between the parents escalates, these remarks can become sharper and more frequent. The child of divorcing parents who is told, “You remind me of your father,” when he misbehaves, hears a painful rejection … Read More... “Whose Kids Are These?”

Marital Torts in Ohio … A Primer

mar_torts.jpgI posted a blog article titled Sexually Transmitted Diseases and Alimony Proceedings on October 16, 2010. In it I promised a follow-up article discussing the status of Ohio law concerning domestic or marital torts.

In Ohio, like in most states, interspousal tort immunity has been abolished.  A person may bring a personal injury action against his current spouse or between a former spouse for personal injury which occurred during the marriage.  Marital torts can include any claim for personal injuries and are often referred to as domestic or marital torts because they are torts that occur within the family context, such as between spouses. Marital torts, moreover, can be lodged in connection with intentional or negligent acts, including the transmission of sexual diseases, psychological distress and emotional injury, slander and libel.

As in all torts, there must be a violation of some duty owed to the plaintiff, and generally that duty must arise by operation of law, not merely an agreement between the parties.  Torts are civil actions arising from the conduct, deliberate or careless, of one individual in dealings causing harm or damage to another; and they also arise as a result of intent or negligence. Intentional torts, which … Read More... “Marital Torts in Ohio … A Primer”

Think Before You FACEBOOK…Especially if You’re in a Divorce!

facebook_div.jpgBy now, I’m sure that most of you have read how Facebook, and every similar social networking site, makes posting “too much information” on the internet just too easy.  Do a quick Google search for “Facebook and Divorce” and you’ll find links to many articles discussing the correlation of postings on internet social networks to an increase in divorce.  The American Academy of Matrimonial Lawyers says that 81 percent of its members have used or gone up against evidence in court plucked from Facebook, MySpace, Twitter, YouTube and LinkedIn over the last five years.

Consider the following situations:

  • Mom denies in court that she smokes marijuana but posts pot-smoking photos of herself on Facebook;
  • Dad claims minimal income from his small business and various “cash only” side jobs he performs but places posts and photos on Facebook of himself on fishing trips, gambling at the riverboat, and with new vehicles, including a Harley Davidson motorcycle; his new girlfriend also posts pictures of some of the gifts she has received from Dad;
  • During a custody dispute where Dad is alleging that child’s grades are falling, child is not receiving proper medical treatment, that Mom is allowing numerous men to have access
Read More... “Think Before You FACEBOOK…Especially if You’re in a Divorce!”

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

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 for Divorce versus filing a Petition for Dissolution of Marriage in Ohio provides … Read More... “Why Selecting One Court Over Another Could Be Important In Your Dissolution”

Would You Recognize This as Abusive Behavior?

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! It is not normal to hurt the person you love. This is abuse … Read More... “Would You Recognize This as Abusive Behavior?”

The UK Mourns the Passing of “Big George” Webley

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, led by over 300 London taxi drivers who saw “Big George” as one … Read More... “The UK Mourns the Passing of “Big George” Webley”

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!

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 of gross neglect of duty and extreme cruelty to include an adulterous affair … 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!”

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