The Mediation Process in Montgomery County Domestic Relations Court

mediation_process.jpgAlternative dispute resolution can be a wonderful tool in divorce cases. Montgomery County’s Domestic Relations Court, along with many other divorce Courts, have adopted mediation conferences as a voluntary or, in some cases, mandatory prerequisite to trial. I am focusing this article on how that process works in Montgomery County.

So one might ask, “What is mediation?” In this context it is essentially a way of resolving disputes between the husband and wife and to hopefully eliminate issues in the divorce case.  In Montgomery County there are two neutral mediators (facilitators) involved in the session(s). One is a lawyer who has experience as a divorce court magistrate and the other has a family services social worker background.  They work to assist the parties to negotiate their own settlement. They can let the couple know what the laws are, but not give legal advice, and try to guide them through the complicated process in a way that helps them find solutions.

Lawyers may or may not attend the mediations. The sessions are completely confidential. No notes or writings generated by the parties or their lawyers in the mediation are allowed to leave the room. The mediators will generate a report indicating … Read More... “The Mediation Process in Montgomery County Domestic Relations Court”

A Child’s College Education – Often a Hidden Cost in Divorce!

college_djv.jpgA divorce often leads to many changes within a family. Recognizing this fact is extremely important, especially when children are involved. Divorcing parents should ask themselves each step of the way what they can do to minimize the negative impact on their children. Parental funding of a child’s college education often becomes a casualty in the process.

A recent study published in the Journal of Family Issues which was led by Ruth N. Lopez Turley, an associate professor of sociology at Rice University, confirms a major disadvantage for children from divorced families: Kids whose birth parents divorce get less financial help with college costs, even if their parents remarry, the study finds.

Parents who stay married to each other meet 77% of the tuition costs and contribute about 8% of their income to their child’s college expenses, according to the study of 2400 undergraduate students. Not surprisingly, especially to most divorce lawyers, parents’ contributions to college costs fall after a divorce. Divorced parents meet only 42% of their children’s financial needs and contribute only about 6% of their income.

But divorced parents who later remarry continue to lower funding levels meeting just 53% of their children’s needs and … Read More... “A Child’s College Education – Often a Hidden Cost in Divorce!”

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!”

Do Challenging Children Cause a Bad Marriage?

challenging_children.jpgResearch published last month in Child Trends reported that happy marriages generally result in happy children. I was asked by a reader if children with any type of physical, emotional or developmental problems cause unhappy marriages.

Research has focused on parents raising children with such problems as Attention Deficit Disorder, Autism Spectrum Disorder and similar types of disabilities. The research findings have been ambiguous, with some studies finding a higher rate of divorce among such parents, and with others documenting no real differences. However, it’s clear that raising a special-needs child can result in a severe strain on a marriage. Here’s how successful marriages navigate these problems.

  1. Put your marriage first. A child with any type of disability demands more time and attention than other children. Good parents naturally want to meet those special needs, but that may result in neglecting your spouse. Healthy relationships take time and work, so it takes an extra effort by both spouses to be attentive to the needs of their marriage partner.
  2. Create a “no talk about children” zone. I recently learned about this technique from one of my clients. She found that virtually every conversation with her spouse revolved around some issue with
… Read More... “Do Challenging Children Cause a Bad Marriage?”

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”

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