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Divorce Advice for Men | Fathers' Rights Divorce | Child Custody

Providing men with essential divorce advice, fathers' rights divorce information and child custody articles. Dads Divorce is a community for men facing divorce or fathers' rights issues and run by Cordell and Cordell. Cordell & Cordell is a family law firm with a focus on men's divorce, child custody and fathers' rights divorce.
Apr 18, 2006
Under the law, your opposition in a divorce or modification proceeding is entitled to question you under oath prior to trial. The testimony is taken by an authorized court reporter and then typed up for use at trial. This process is called a deposition. Sometime after your deposition, you will receive copies of the typed deposition called a transcript.
Jill Daugherty, Esq.
Depositions are important discovery tools for two reasons. First, your deposition testimony enables the opposing counsel to find out your version of the suit. Second, by taking your deposition the opposing party may hope to catch you in errors or falsehoods which can be shown at trial to raise an inference that you are not a truthful person and thereby discrediting your testimony. Your deposition, properly given, can greatly assist your case through settlement or at the trial. What you do at the deposition can help or hurt you, depending on your attitude, truthfulness and appearance. The following suggestions are offered to assist you in being an effective witness at your deposition.
  1. Dress and act as if you were going to court. Be clean, neat and businesslike.
  2. Treat all people at the deposition with respect.
  3. Avoid being overly friendly, losing your temper, joking or arguing.
  4. Take your time before answering a question. Give yourself ample time to understand the question so that you can give a proper and truthful answer.
  5. Instead of shaking your head or shrugging your shoulders, make sure you answer all questions out loud and clearly so the court reporter can record your answers.
  6. Answer a question directly and as concisely as possible. There is no need to volunteer any more information than requested.
  7. If you do not understand a question, please say so. Never guess what a questions means or where the opposing counsel is

Apr 10, 2006
H. Beatty Chadwick was arrested on April 5, 1995, and has remained in jail ever since. Mr. Chadwick has not been convicted of anything; in fact, he has not even been charged with a crime. Instead, Mr. Chadwick was found to be in contempt of court in his divorce case. The court determined Mr. Chadwick transferred approximately $2,500,000 through offshore accounts in an attempt to hide the money from his now ex-wife. Mr. Chadwick would probably be released if he simply told the court where he hid the money but he refuses to cooperate so the court refuses to release him. The Chadwick case is obviously an extreme example. In fact, it is believed Mr. Chadwick holds the record for the longest jail term in a civil contempt case. However, the case does serve as a reminder that the court has the power to enforce its orders through the contempt process, even in a divorce case. Throughout the divorce process the court may issue several orders. At the start of the case the court may grant one party exclusive possession of the residence, for example. By way of illustration let

Apr 07, 2006

Question:

I'm divorced but I'm seeing a man who is attempting to leave his wife. She found out about me and has confronted me about the affair. She has managed to find my restricted phone number and call me, also she is telling their children all sorts of lies about me, and has gone as far as staging phone calls to the children - these phone calls are supposedly me calling the children at home (conveniently while she and the kids are there and he isn't) and supposedly I'm scaring them and telling them that they will have a new mommy soon and all sorts of other lies. She says it's me because the person calling says it's me??? and then she conveniently tells me intimate details about my life...like what I did one weekend and who my children are and what they were doing with me that weekend...is there anything I can do about this and what can he do since she's basically taken the children out of the house and not allowed him to see them because I'm a threat to them...she is also falsely accusing him of child abuse (emotional) and abandonment because he was with me one weekend - but the kids were with their mother out of state for a graduation..

Answer:

I must advise you that I am not licensed in Ohio. I understand from your question that wife is making up stories about you. Does she make any direct contact with you? If she is threatening you then you may have some recourse by obtaining a protective order to stop the harassment. You may want to have your boyfriend run this by his attorney first to determine what effect it will have on his case. Finally, I would recommend consulting an attorney in Ohio as the law will vary from state to state.

Mar 20, 2006
My clients often ask me when their children will be old enough to decide where they will live. Unless your child has reached the age of majority, the simple answer is never. Although there are minimum age requirements for a child to testify in most states and although most states will take into consideration a child’s preference as to residency, a court will never completely defer to a child, no matter the child’s age.
Mar 14, 2006
Other articles have addressed how to respond when the other party wants to move and relocate the minor child. The purpose of this article is to examine how relocation of one party might impact the financial orders in a divorce case (child support and maintenance). We will assume the relocation has been done lawfully and the only issue remaining is to see how the relocation impacts these financial orders. Please keep in mind each case is unique. This article is written to be generally applicable but I will specifically rely on Kansas law in analyzing key issues. You should consult a domestic relations attorney to review your case in light of the law in your state.
Ken McRae, Esq.
A party could move after a divorce for any number of reasons. There are three primary ones, however: 1) to be with a new spouse or romantic interest; 2) to be closer to family; 3) for a new job or a job transfer. Of these three reasons, the new job or job transfer is the most directly relevant to the financial orders in a divorce case and I will spend most of this article on that specific reason. It is often helpful to look at an example rather than relying on vague descriptions. To help in understanding the impact of relocation on the two financial orders we will assume the following facts: the father earns $100,000 per year, the mother earns $50,000 per year and the parties have one 5 year old child. Maintenance (also known as alimony) is paid to a former spouse and is based on the need of the recipient and the ability of the other party to pay. Often courts will use a formula to calculate maintenance. A typical formula would be the party with the greater income will pay 25% of the difference in gross income to the other if there are no minor children and 20% of the difference if there is a minor child or children. In our example there is one child, so the court will use 20% of the difference in incomes. At the divorce the court would order father to pay mother $10,000 per year ($833/mo.) in maintenance. Let us assume mother has decided to relocate and see how this impacts maintenance. Maintenance usually terminates upon the remarriage or cohabitation of the recipient. If she is relocating to be with a new spouse or romantic interest maintenance should terminate. If, however, she is moving for a job transfer or a new job, maintenance may continue under different terms. If mother gets a promotion or new job that will pay her $65,000 per year, and the divorce decree allows modification of maintenance, father can ask the court to decrease maintenance based on the mother

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