Friday, April 26, 2013

Online Actions Land Two Wisconsin Men In Hot Water


As we’ve mentioned before, people frequently say and do stupid things on the internet. For some reason, normally sane people take leave of their senses when posting things online, believing that their actions can never come back to haunt them. Sadly for these people, that’s almost never the case.

Instead, as attorneys and judges become more technologically advanced a person’s internet behavior is easier and easier to bring back to life. Messages, photographs, text messages and emails can all be found and dredged up again at inconvenient moments. One example of that is the recent case of a man from Wisconsin who is now facing felony charges after posting a photograph of himself surrounded by a giant pile of money.

You might be asking yourself, what’s the big deal? Sure, a pile of money is a bit unorthodox, but there’s nothing illegal about it, right? Wrong. The problem is not the picture of the money, it’s that the man was seriously in arrears with his child support at the time of the picture.

The young man flaunted his money, booze and other extravagant purchases online for the world to see, yet never made a single child support payment for his two-year-old child. The man will now have his work cut out for him trying to explain to a judge why he possessed so much cash but was never able to spare any for his child.

In a related case, another man is now under investigation by another Wisconsin prosecutor after claiming on Facebook that he had a job and had enough money to buy a new motorcycle while also telling a court that he was destitute and unable to pay his child support obligations. Yet again, someone’s online activities have come back to bite them. The moral of the story is, if you don’t want a judge to see it, don’t post it online.

If you find yourself facing the prospect of complicated divorce and have questions about your rights and options, contact an experienced Ohio family law attorney who can help guide you through the difficult process. Count on the expertise of Twinsburg family law attorney Carol L. Stephan.

Source:
Facebook Money Pics Bust Dad for Allegedly Dodging Child Support,” by Alexa Valiente, published at ABCNews.com.

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Friday, April 19, 2013

How do you decide between separating and divorcing?


Anyone considering a divorce has likely wondered about whether separation might be a better idea. After all, divorce can be a relief for some couples who have grown tired of constantly fighting, but no one wants to rush into such an important decision with doubts. The following are some questions experts have come up with to help you think through the decision making process.

First of all, you need to make sure you understand what exactly is making you so unhappy. Taking some time to have a true separation and think through the unhappiness might be wise. If you are not exactly sure why you want to end your marriage, some time and space can be a good idea to help solidify your feelings before deciding to pull the trigger.

Second, what’s the underlying issue that has led to the unhappiness? Is it physical or verbal abuse? How about a gambling problem? Drug dependencies? Repeated cheating? Or is it something less terrible like communication trouble? The answer is not meant to demean those problems, but can help in deciding whether separation is a good idea. In cases where something dangerous like physical abuse or a drug addiction is at play, a clean break might be the best option for everyone involved. If the problem is something like a communication breakdown, a separation might be a good way to seek therapy and work through your issues.

If you have children, it’s also essential to consider how a split will affect them. For some kids, a separation might be a bad thing in that it provides false hope of reconciliation, especially if both parents know the marriage really is over. In other cases, a separation can be a good thing in that it ends the damaging fights and gives parents some breathing room to calm down and work through their issues on their own.

Finally, are you both sure that you are ready to split? If one spouse is still unsure, a separation can be a good way of letting that person get used to the idea of a new life on their own. It can also be helpful in giving the other spouse a taste of what divorce will look and feel like. In some cases, this might be enough to force the couple back together and make otherwise reluctant spouses willing to work through their issues. Unless both parties are really ready for a divorce, a separation might be a good place to start.

If you find yourself facing the prospect of complicated divorce and have questions about your rights and options, contact an experienced Ohio family law attorney who can help guide you through the difficult process. Count on the expertise of Twinsburg family law attorney Carol L. Stephan.

Source:To Divorce Or Separate? Experts Weigh In,” by Claire Daniel, published at HuffingtonPost.com.

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Friday, April 12, 2013

North Carolina General Assembly Tries To Slow Down Divorce Process


Late last month, legislators in North Carolina took an unusual step of trying to create a new two-year waiting period before a divorce can be finalized. The decision grabbed headlines not only in North Carolina, but also across the country with articles puzzling over the legislature’s attempt to meddle in marriages. Beyond imposing a two-year waiting period before a divorce is allowed to become official, Senate Bill 518 would also require that couples who are considering divorce go through marriage counseling before a judge could officially sign off on the divorce.

The bill, known as The Healthy Marriage Act, was crafted to help support the institution of marriage according to its Republican supporters. The measure would replace the current one-year separation requirement that is currently in place. The Healthy Marriage Act also states that couples would be permitted to either live together or apart during the waiting period, meaning that cohabitation would not be seen as a block to divorce.

The legislation goes on to say that before a divorce can take place, one spouse would have to submit a written notice to the other spouse notifying them about his or her intention to file. This would then begin the two-year countdown. During this interim period, the couple would be required to take classes designed to improve their communication skills and work on their conflict resolution abilities. Thankfully, the Healthy Marriage Act does not require that the couple attend the classes together. If the couple has children there are even more hurdles to be cleared, including a four-hour course that discusses the impact of divorce on children.

The backer of the legislation says that the state’s divorce rate is already far too high and the measure is an attempt to try and reduce the problem of marriages ending in divorce. The sponsor of the bill says that he believes that by slowing down the process of divorce, more couples will consider reconciliation, something that he believes is better for everyone.

Opponents of Senate Bill 518 say that the measure represents the height of governmental meddling in personal affairs and that the state should stay out of marriages entirely. Others emphasize that the attempt at strengthening families comes too late in the marriage when the spouses are already fed up with one another. Earlier intervention and counseling might help, but to try and save things so late in the game is often a futile effort.

If you find yourself facing the prospect of complicated divorce and have questions about your rights and options, contact an experienced Ohio family law attorney who can help guide you through the difficult process. Count on the expertise of Twinsburg family law attorney Carol L. Stephan.

Source:
N.C. Lawmakers Propose Two-Year Waiting Period Before Divorce,” by Jacob Gershman, published at WSJ.com.

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Friday, April 5, 2013

What’s “nesting” and does it work in an Ohio divorce?


The idea of nesting, which has been discussed in pop culture recently (think the Gosselin family) began as couples tried to come up with a way to keep their children’s lives stable despite the turmoil of divorce. The term “nesting” refers to what happens when exes share or rotate through a single home that their children live in full-time. The goal is to avoid having the children live out of a suitcase, creating much needed stability in a time of enormous change.

Family law experts say that nesting can work well in some cases, but be a nightmare in others. In marriages that fell apart due to violence or damaging addiction, continuing to share a home would not be a good idea and would likely make things more difficult for everyone. In cases where exes are amicable after the split and have the financial resources to make it work, nesting can lead to truly collaborative co-parenting. Some people say in cases where the exes are able to get along and have the financial wherewithal to do it, nesting can be ideal for children.

Despite the good news, it does not mean that nesting is easy, even if you are one of the few couples that can still get along after a split. Coming to agreement on important issues after you’re divorced can be hard, even in the best cases. Certain issues will have to be overcome to make the nesting process work and some of the questions you should ask include the following: Who will be responsible for housekeeping and household maintenance? Who owns what and who has the right to make changes to the house? Who pays rent and how much is owed? Where will the other parent be when one parent is nesting with the kids? What about food, clothing and other basic necessities, how will those expenses be split?

Some other things to watch for if you’re considering nesting is that your children should not mistake this as a precursor to the two of you getting back together. Experts say that parents should remind their children that reconciliation is not going to happen and that the nesting is merely an attempt to make their lives easier.

One of the things that most often ends a nesting attempt is when one spouse meets someone new. If one spouse begins dating and wants to introduce a third party into the family home that can often kill the entire nesting experiment. Trying to navigate so many landmines can be dicey, but for some the hassle is worth it for the happiness of their children.

If you find yourself facing the prospect of complicated divorce and have questions about your rights and options, contact an experienced Ohio family law attorney who can help guide you through the difficult process. Count on the expertise of Twinsburg family law attorney Carol L. Stephan.

Source:
Dismantling the Marriage But Not the House,” by Katie Hafner, published at HuffingtonPost.com.

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