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Book Review – Splitting

This book was given to me by a client.  The client felt this book was helpful to her in navigating her case with her husband, whom she believes to be suffering from borderline narcissistic personality disorder.

Splitting is a term used to describe a defense mechanism universally seen in people with Borderline and Narcissistic Personality Disorder.

I definitely have a love-hate relationship with this book.  Let me begin by being truthful with how long it took me to finish this book. I got through the first half of the book pretty quickly and then I stalled for approximately six months (maybe longer) before finishing the book.  I was just having difficulty picking it up and getting through it towards the end.  The information was very helpful for a person going through a difficult divorce with someone they suspect as having personality disorders/defects.  The issue that I was having is that some of the legal-based information was inaccurate, and not in a, procedural differences between jurisdictions, kind of way.  Some of the basic information was inaccurate and misleading, in my opinion.

The book attempts to address the different types of evaluators that can get involved in a divorce case.  One such evaluator it discusses is “an attorney for minor children.”  Even this label is frustratingly inaccurate.  It leads the reader to believe that it is referring to an attorney representing the minor children.  What I think it is actually referring to is a guardian ad litem, which is an attorney that represents the best interests of the minor children.

There is a very distinct difference between representing a minor child, which requires you to advocate for the position your client wants you to advocate for, and representing the best interests of the minor children, which requires you to advocate for the position that you feel is in the child’s best interests, regardless of what the child wants.  If a parent wants the minor children to be represented by an attorney, the only way to accomplish this in a private custody case is to hire an attorney to do so.  A Guardian Ad Litem is appointed by the Court and the Court makes an order about who will be responsible for payment of the GAL’s fees, which are usually divided equally by the parties.  The entire section on this seems to confuse the two roles.  There are a few other sections that are ambiguous or misleading, which I feel might result in confusion on the part of the client.

The book is not all bad though.  It provides some great suggestions for how to deal with a high-tension, highly litigious opposing party.  One of the best points made by the authors is the fact that highly aggressive attorneys often don’t win in the long run and that for negative advocate attorneys focus on their performance in court.  They put on a show for their client and as a result, their client thinks they did a great job.  This is something I have been telling my clients for years.  I might add that the reason I know they are only putting on a show for their client is because, often times, attorneys go into chambers with the judge and discuss the issues before any hearing occurs.  The judge often tells the attorneys their point of view on the issue after all arguments have been made.  The attorneys and parties go on record thereafter, but at that point, it is only a procedural formality.  The attorneys already know how the judge will rule before the formal hearing occurs.  Any arguments made are only for the sake of the record and for the sake of the clients.

Another great resource and suggestion made is the open letter to family and friends in the back of the book.  The letter is provided as a “suggested script” of a letter that a person can send to their family and friends as they are going through the divorce process.  With some modifications, this letter could be used for almost any type of divorce.  In a high-tension and highly litigious divorce, a letter like this is a great tool.  One of the best pieces of information in the letter is to as your friends and family not to take sides in the divorce.  By way of example it states, “while siding with me may give me a temporary feeling of satisfaction, it is a form of all-or-nothing thinking that reinforces seeing one person as all bad and the other as all good.”  So basically, you are using the letter to ask your friends and family not to talk smack about your soon to be ex because that leads to deeper feelings of resentment and vindictiveness.  This is a great idea because those feelings usually already exist in abundance and do not need to be reinforced.

Overall, I give this book 3 stars.

Book Review – Two Homes

Clients often come to me before they have told anyone what they are going through, and that includes their children.  Clients often ask me how to have the divorce discussion with their children.  My answer is that it depends how old their children are and what the maturity level of their children is.  One option is to begin introducing the idea of divorce through books.  Two Homes is one such book that could be used to introduce the idea of divorce to young children.  The books states that it is for children 3-7 (on the back) but I would argue that it is actually for the younger end of that spectrum.  The book is very basic and could be used for a younger or less mature audience.  Maybe 3-5 years old.  The book revolves around Alex, presumably an only child and uses basic one-liners to show how things are different at each of his parent’s homes but it puts a positive spin on the fact that he has two of everything because he has two homes.  At the end it emphasizes that he loves both of his parents and both of his parents love him.  If both parents are committed to having an amicable separation and divorce, this could be a great book to introduce the changes the child will experience.  My only hesitation would be that this book paints an ideal picture of what it will look like, which, if both parents aren’t committed to making it a smooth transition, this book might set the child’s expectations too high.  But with this age group, I am not sure you have many alternatives because you definitely want to make every child feel comfortable and safe.  I rate this book 4 ½ stars and I would suggest this book for children on the younger end of the age spectrum.

Book Review- UnFu*k YOURSELF

Change starts within you.  That is the premise of this book.  There are some great takeaways from this book.  One of which is that it IS the power of the mind to be unconquerable.  We are wired to win, and we win at what we want to win at.  The only way to do this is to not be bothered by what others think about us.  We must be willing to be judged by others and not let it get to us and in the end embrace the uncertainty in what lies ahead.  If we can become comfortable with uncertainty, we will be able to adapt to the uncertainty much more easily.  I firmly believe in the message of this book and it is executed well, although, perhaps more examples to illustrate the points would have been welcomed.  Overall, I give this book 4 stars.

Top 10 Videos of 2017, #6: Are Retirement Benefits Considered Marital Property In Kentucky?

Top 10 Videos of 2017, #6: Are Retirement Benefits Considered Marital Property In Kentucky?

Daryle C. Tibbs, owner of Tibbs Law Office, continues a new series reviewing the top ten videos of 2017.

For more online sources on this and similar topics, please visit our firm youtube channel at:

www.youtube.com/tibbslawoffice

www.youtube.com/tibbslawofficeKentucky

Tibbs Law Office, LLC
8845 Governors Hill Dr., Ste 450
Cincinnati, OH 45249
(513) 793-7544
www.tibbslawoffice.com

Getting a second divorce, from the same person

Getting divorced for the second time…from the same person

As you might imagine this isn’t a very common problem.  Not many people get married to the same person twice.  Pamela Anderson married and divorced Rick Salomon twice.  Elizabeth Taylor married and divorced Richard Burton twice.  Richard Pryor married two of his wives two times.   For those facing this situation, there is very little information on this topic.  So I decided to provide some information.

Someone in this situation is going to have several questions, here are the (Ohio) answers to some of the questions we are asked:
1) Are the children, which were born during the first marriage, considered children of the second marriage?  Generally, yes.  Another example of this is where a couple is unmarried, has a child, then gets married, then gets divorced.  Even though the child was born before the marriage, the child is still considered “issue of the marriage.”

2) Will child support and custody be re-litigated?  Generally, yes.  At the conclusion of the first divorce, the court issued an order regarding custody and support.  When the parties remarried, that support (and custody) entry ceased being effective either because the court terminated the original order (the obligor does not have to continue to pay child support if the parties remarry) or because the court issued a new order after the remarriage.  In the second divorce, the court will issue a new child support order that will be based on the current status of the parties’ employment.  The court will also issue a new custody order that is likely to be the same as the order issued in the first divorce but may be different.

3) Will the parties re-litigate the division of property?  Generally, no; however, one of the factors that will impact this is how much time occurred between the first and second divorce.  Generally, the division of property that took place in the original divorce will still stand.  For example, if the court granted the martial residence to one of the parties, that party still gets to keep the home and that decision will not be revisited by the court.  The court will, however, divide any newly acquired property, if the parties have any.

Hopefully, this answers many of the questions you have about this topic.  

Top 10 Videos of 2017, #10: What If My Spouse Denies That The Marriage Is Irretrievably Broken?

Top 10 Videos of 2017, #10:  What If My Spouse Denies That The Marriage Is Irretrievably Broken?

Daryle C. Tibbs, owner of Tibbs Law Office, begins a new series on the Top 10 Videos of 2017.

For more online sources on this and similar topics, please visit our firm YouTube channel at:

www.youtube.com/tibbslawoffice

www.youtube.com/tibbslawofficeKentucky

Tibbs Law Office, LLC
8845 Governors Hill Dr., Ste 450
Cincinnati, OH 45249
(513) 793-7544
www.tibbslawoffice.com

Kentucky Family Law: What If My Spouse Denies That The Marriage Is Irretrievably Broken?

Kentucky Family Law: What If My Spouse Denies That The Marriage Is Irretrievably Broken?

Daryle C. Tibbs, owner of Tibbs Law Office, continues a new series reviewing Kentucky family law.

For more online sources on this and similar topics, please visit our firm YouTube channel at:

www.youtube.com/tibbslawoffice

www.youtube.com/tibbslawofficeKentucky

Tibbs Law Office, LLC
8845 Governors Hill Dr., Ste 450
Cincinnati, OH 45249
(513) 793-7544
www.tibbslawoffice.com

Kentucky Family Law: What Does It Mean To Have An Irretrievable Breakdown?

Kentucky Family Law: What Does It Mean To Have An Irretrievable Breakdown?

Daryle C. Tibbs, owner of Tibbs Law Office, continues a new series reviewing Kentucky family law.

For more online sources on this and similar topics, please visit our firm youtube channel at:

www.youtube.com/tibbslawoffice

www.youtube.com/tibbslawofficeKentucky

Tibbs Law Office, LLC
8845 Governors Hill Dr., Ste 450
Cincinnati, OH 45249
(513) 793-7544
www.tibbslawoffice.com

Family Law: What Case Expenses Are Involved In A Divorce Case in Ohio?

Family Law: What case expenses are involved in a divorce case?

Daryle C. Tibbs, owner of Tibbs Law Office, continues a new series dedicated to the topic of Family Law.

For more online sources on this and similar topics, please visit our firm youtube channel at:

www.youtube.com/tibbslawoffice

www.youtube.com/tibbslawofficeKentucky

Tibbs Law Office, LLC
8845 Governors Hill Dr., Ste 450
Cincinnati, OH 45249
(513) 793-7544
www.tibbslawoffice.com

Spousal Support in Ohio

Spousal Support in Ohio:
One of the least guiding “guidelines” in Ohio is the Ohio Spousal Support Guidelines.  This statute gives Ohioans “factors” that Ohio Courts consider when determining whether spousal support will be granted and if so, how much.  The factors the courts consider are the following:

Quoting Ohio Revised Code § 3105.18. – Award of spousal support; modification.


(A) As used in this section, “spousal support” means any payment or payments to be made to a spouse or former spouse, or to a third party for the benefit of a spouse or a former spouse, that is both for sustenance and for support of the spouse or former spouse. “Spousal support” does not include any payment made to a spouse or former spouse, or to a third party for the benefit of a spouse or former spouse, that is made as part of a division or distribution of property or a distributive award under section 3105.171 [3105.17.1] of the Revised Code.

(B) In divorce and legal separation proceedings, upon the request of either party and after the court determines the division or disbursement of property under section 3105.171 [3105.17.1] of the Revised Code, the court of common pleas may award reasonable spousal support to either party. During the pendency of any divorce, or legal separation proceeding, the court may award reasonable temporary spousal support to either party.

An award of spousal support may be allowed in real or personal property, or both, or by decreeing a sum of money, payable either in gross or by installments, from future income or otherwise, as the court considers equitable.

Any award of spousal support made under this section shall terminate upon the death of either party, unless the order containing the award expressly provides otherwise.

(C) (1) In determining whether spousal support is appropriate and reasonable, and in determining the nature, amount, and terms of payment, and duration of spousal support, which is payable either in gross or in installments, the court shall consider all of the following factors:

(a) The income of the parties, from all sources, including, but not limited to, income derived from property divided, disbursed, or distributed under section 3105.171 [3105.17.1] of the Revised Code;

(b) The relative earning abilities of the parties;

(c) The ages and the physical, mental, and emotional conditions of the parties;

(d) The retirement benefits of the parties;

(e) The duration of the marriage;

(f) The extent to which it would be inappropriate for a party, because that party will be custodian of a minor child of the marriage, to seek employment outside the home;

(g) The standard of living of the parties established during the marriage;

(h) The relative extent of education of the parties;

(i) The relative assets and liabilities of the parties, including but not limited to any court-ordered payments by the parties;

(j) The contribution of each party to the education, training, or earning ability of the other party, including, but not limited to, any party’s contribution to the acquisition of a professional degree of the other party;

(k) The time and expense necessary for the spouse who is seeking spousal support to acquire education, training, or job experience so that the spouse will be qualified to obtain appropriate employment, provided the education, training, or job experience, and employment is, in fact, sought;

(l) The tax consequences, for each party, of an award of spousal support;

(m) The lost income production capacity of either party that resulted from that party’s marital responsibilities;

(n) Any other factor that the court expressly finds to be relevant and equitable.

(2) In determining whether spousal support is reasonable and in determining the amount and terms of payment of spousal support, each party shall be considered to have contributed equally to the production of marital income.

(D) In an action brought solely for an order for legal separation under section 3105.17 of the Revised Code, any continuing order for periodic payments of money entered pursuant to this section is subject to further order of the court upon changed circumstances of either party.

(E) If a continuing order for periodic payments of money as alimony is entered in a divorce or dissolution of marriage action that is determined on or after May 2, 1986, and before January 1, 1991, or if a continuing order for periodic payments of money as spousal support is entered in a divorce or dissolution of marriage action that is determined on or after January 1, 1991, the court that enters the decree of divorce or dissolution of marriage does not have jurisdiction to modify the amount or terms of the alimony or spousal support unless the court determines that the circumstances of either party have changed and unless one of the following applies:

(1) In the case of a divorce, the decree or a separation agreement of the parties to the divorce that is incorporated into the decree contains a provision specifically authorizing the court to modify the amount or terms of alimony or spousal support.

(2) In the case of a dissolution of marriage, the separation agreement that is approved by the court and incorporated into the decree contains a provision specifically authorizing the court to modify the amount or terms of alimony or spousal support.

(F) For purposes of divisions (D) and (E) of this section, a change in the circumstances of a party includes, but is not limited to, any increase or involuntary decrease in the party’s wages, salary, bonuses, living expenses, or medical expenses.

(G) If any person required to pay alimony under an order made or modified by a court on or after December 1, 1986, and before January 1, 1991, or any person required to pay spousal support under an order made or modified by a court on or after January 1, 1991, is found in contempt of court for failure to make alimony or spousal support payments under the order, the court that makes the finding, in addition to any other penalty or remedy imposed, shall assess all court costs arising out of the contempt proceeding against the person and shall require the person to pay any reasonable attorney’s fees of any adverse party, as determined by the court, that arose in relation to the act of contempt.

(H) In divorce or legal separation proceedings, the court may award reasonable attorney’s fees to either party at any stage of the proceedings, including, but not limited to, any appeal, any proceeding arising from a motion to modify a prior order or decree, and any proceeding to enforce a prior order or decree, if it determines that the other party has the ability to pay the attorney’s fees that the court awards. When the court determines whether to award reasonable attorney’s fees to any party pursuant to this division, it shall determine whether either party will be prevented from fully litigating that party’s rights and adequately protecting that party’s interests if it does not award reasonable attorney’s fees.

Determining whether spousal support will be granted is largely within the court’s discretion but is generally predictable to an Ohio licensed attorney.  Determining how much spousal support a court might grant in any given situation is much more difficult for the parties to predict.  Ohio has created a helpful child support computation worksheet to predict how much a party will pay or receive in child support; however, no such computation worksheet exists for spousal support (at least not one that is generally accepted or used by the courts).
Arguments can and have been made that the Ohio Child Support Computation worksheet produces results that are unfair to one or both of the parties, but at least it is a starting point for determining child support.  I for one would like to see Ohio create a spousal support computation worksheet to be used in all divorce/dissolution cases.  However, until this happens, the parties are left to their own devices.  I have prepared the following guidelines that I hope will help parties determine if spousal support is warranted, and if so, how much.
In reviewing these tips, please remember that spousal support was created to help compensate one party for their contributions to the household and to make sure, where there is enough income, the state would not be left to pick up the tab for the other party and the children.  Obviously things have changed, but try to remember the spirit in which these laws were created.
* As a general rule, spousal support may be considered an option if one of the parties has disposable income, which generally means that he/she makes over $55,000 per year or more.
*In addtion, spousal support may be granted if the other party makes approximately half ($27,000 per year) or less than the other party.
* Generally, if the court finds that one party should be granted spousal support, the court will likely grant it in the amount of $500.00 per month or more depending on the parties’ income.  Courts generally don’t grant spousal support in amounts less than $500.00 per month.  (This may be because the court may think that anything less than $500.00 per month is not really helping or is not a fair assessment of one spouse’s contributions…)
* Remember that contrary to child support, spousal support is considered income for the party receiving it and is tax deductible for the party paying it.  This means that if you are on the receiving end, if you have the option, you should negotiatiate to get more money in child support and less in spousal support.  If you are on the paying end and you have the option, you should negotiate to pay more in spousal support and less in child support.
Hopefully, these tips are helpful as you assess your own situtation and prepare for a divorce or dissolution.