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Maintenance Support for the Man Is Reality

While it may seem difficult to comprehend, men are also entitled to maintenance as the result of a divorce settlement if the circumstances merit it.

There are a lot of people who think that a man applying for and getting spousal support is ridiculous and not fair. In reality, if the man happens to make less than the female, he is entitled to apply for the support. It’s interesting that a great many couples facing divorce think this is outrageous and that support should only be paid to the female. The actual bottom line is that if one spouse is able to get support from their about to be “ex,” then the other spouse is entitled to the same thing.

Aside from the equity questions involved in a situation such as this, it only makes sense that the husband be able to get spousal support. Even though initially, when both people got married, they never bet the farm on having to face such complex and upsetting issues, they are a reality in today’s society; more so since the nation is in the midst of a major recession.

Those who have lost their jobs need to find ways to stay afloat as best as they can. If they are in the middle of a divorce situation and spousal support is an issue and the woman’s net worth and income are higher than the man’s, he is entitled to support. In other words there needs to be equality under the law – equal treatment. If the wife is able to get it, then the same should be the case for the husband.

Interestingly enough, the inequity and imbalance of “rights” in a marital breakup also seem to extend to some women who are wondering why the father has a right to share equal time with children because after all, the mother is the central figure in the child’s life. While it may be the case that the woman bore the children, she didn’t do it without the help of the father. In the eyes of the law, the father has equal rights to see his children – unless of course there are extenuating circumstances why this should not be allowed.
The bottom line here is that if a couple gets divorced, there are certain rights each of them have, whether or not they used those rights when they were married or not. For example, just because a father or mother didn’t spend equal time with the kids when the couple was married does not erase the rights they have in divorce; to spend equal time with the children – if the parent is willing and able to do that.
The days of double standards in the divorce court arena are long over, however much of this equality in treatment seems to have escaped the notice of those in the middle of divorcing. Odd that the foundation of the law is equal rights accrue to all, when those seeking equity at the hands of the court don’t believe in equity themselves.

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Think Twice Before the Divorce

While you may want a divorce so badly you can taste it, the present economy isn’t in a state that will allow people to set up two households.

Getting a divorce is not an easy thing to do, ever. You started out married life with high hopes that over time were dashed. When the economy was doing well and you have enough money to go around and then some, it was easy to split and each get your own homes. With the economy the way it is now, this is not possible. In fact, many people wanting a divorce are now opting to stick it out until the recession begins to show some signs of winding down. This means many couples at war with one another are sharing houses and living in misery.

Why not strike out on their own despite the economy? It’s not that easy these days with the high cost of homes and the number of people facing foreclosure and bankruptcy. However having said that, there are other alternatives for couples at odds with one another and they include mediation and a negotiated settlement. For those living at opposite ends of the house, this may be welcome news – sort of like light at the end of the tunnel. Even individuals who do succeed in getting a divorce in a fairly amicable way are finding it’s economically better for both of them to stay in the same house until the market gets better and they can sell it, splitting the proceeds.

Times are definitely changing and the question is whether or not this is good or bad. That would largely depend on one’s point of view. Those who are able to tough it out and make it until the recession lifts may stand to make some money and be able to eventually go their own separate ways. Those who decide they absolutely are unable to stand each other will make the choice to lose the home to foreclosure because they simply could not live together, no matter what.

This “let’s stick it out” attitude is quite evident when you take a look at the current divorce statistics, which happen to be the lowest since 1970. That says something about the state of the economy, but it also says something about the difficult circumstances many beleaguered couples find themselves in today. Fear is prevalent in many instances where the parting couple takes a good hard look at their assets and the ability to liquidate them, and realize they really don’t have any room to move.

At one time it was easy to sell a house for some decent dollars, walk away with money to spare, and get on with setting up a new life. This definitely isn’t the case today. The mood is one of desperation and people trying to stick the other spouse with the “hot potato” house to get out from underneath the crushing debt. The dream home is now a significant liability.

Even if you are opting to stay together until the economy takes a turn for the better, it is a wise move to consult with an attorney to know what your rights are before you make any decisions. It is money well invested for your future when things get better on the housing market. Never assume that because you can’t sell your house and leave the marriage right away that there aren’t other options that may be open to you. A good divorce attorney will be able to advise you on alternative routes that might work for you and your about to be “ex” spouse.

Jeremiah Denslow is a Dayton Divorce Lawyer in Dayton Ohio with Denslow Law Firm. The firm specializes in family law. Jeremiah also practices Dayton criminal defense. To learn more about Dayton divorce lawyer, Dayton dui lawyer, Dayton defense lawyer, Dayton divorce attorney, Dayton dui attorney, Dayton defense attorney, Dayton attorney, Dayton lawyer, Dayton ohio, visit Denslowlaw.com.

Ohio Collaborative Law

Collaborative law is another alternative method for dealing with divorcing couples in Ohio, and it’s a way to streamline the case load of the courts.

This interesting alternative was first launched in Minnesota by an attorney in the early 1990s. The key element of collaborative law is that it needs a formal commitment from both of the parties involved in a divorce to find a resolution to their differences cooperatively rather than pursue litigation. In Minnesota, this practice is actually included in the General Rules of Practice.

The attorney who started this move to an alternative method of settling disputes, Stewart Webb, came up with the idea because he was totally frustrated with the way the courts were handling such cases. Traditional litigation wasn’t solving the root cause of the problems, court costs were escalating and the courts were being backed up with cases that had the potential to be solved another way; collaborative law. This approach will actually be enshrined in Minnesota law as the Uniform Collaborative Law Act. While this is still not a reality, in actual fact, the practice of collaborative law has been making its presence felt across the nation, and even in Ohio.

The beauty of this particular approach is that it standardizes the most essential/core features of the total process. It eases the crushing burden on the court system and in this recession, reduces the overall cost of obtaining a divorce, while still protecting both spouses involved in the process. It allows couples at war with each other to find a way to resolve their differences and get a settlement without spending a large sum of money on hostile litigation.

Although this form of law is practiced in Ohio, there are still some concerns relating to confidentiality; the same type of confidentiality that mediators are used to having. Collaborative attorneys don’t have this aspect formally in place for their endeavors. This evidently is something that has yet to be worked out. In reality, Ohio divorce lawyers who use the collaborative approach maintain client confidentiality and keep the resolution process in confidence as well. The whole process is an open door to very blunt and honest conversations in order to resolve underlying disputes standing in the way of an equitable divorce.
If the contentious issues are settled in a collaborative manner, the whole case is kept out of court. However, if a divorce case does fail in the collaborative process both lawyers for the parties are required to withdraw as the case would then proceed to litigation. As you may well imagine, having to find and retain two new attorneys to litigate the divorce would cost the couple time and a lot of money.

Prior to either party entering into the collaborative divorce process, each has to be fully informed about what it means and the possible consequences if the discussions fail. This means attorneys who offer this kind of alternative service need to educate their clients on how it works and also make an assessment as to whether or not the case would fit within the parameters of collaborative law guidelines. In other words, if the parties can’t find it within themselves to talk openly to each other, collaborative law won’t work.

The really interesting thing about this new approach to solving legal matters is that it is currently being used for employment disputes, some medical malpractice cases and probate matters. When you are faced with a divorce and want to know what your options are in Ohio, ask about the collaborative law process and find out if your attorney thinks your case may be a good candidate for resolution by this route.

Jeremiah Denslow is a Dayton Divorce Lawyer in Dayton Ohio with Denslow Law Firm. The firm specializes in family law. Jeremiah also practices Dayton criminal defense. To learn more about Dayton divorce lawyer, Dayton dui lawyer, Dayton defense lawyer, Dayton divorce attorney, Dayton dui attorney, Dayton defense attorney, Dayton attorney, Dayton lawyer, Dayton ohio, visit Denslowlaw.com.

Chemical Exposure on the Job May Result in Severe Injuries

If it isn’t one thing, it’s another, when working on a job site that is fraught with various hazards.
For people whose job it is to work with dangerous chemicals, one of the worst ones to handle is sodium hydroxide. The reason for this is that it is known to be one of the strongest and most corrosive alkalines, most commonly referred to as lye or caustic soda.

While the substance may look harmless and is odorless, it is highly reactive. Its signature is its ability to form an exothermic solution with water which creates heat. The resulting heat may have the potential to ignite any materials within its proximity. If this isn’t bad enough, caustic soda’s reaction with other metals produces hydrogen gas that ignites in the presence of oxygen. To say that working with this chemical is dangerous is a major understatement.

It’s not hard to find this compound in just about any manufacturing plant as it is commonly used in multiple industrial processes. One would no doubt recognize that lye is used in making soaps, detergents and cleaning agents. It is also used to process cotton and in the making of rayon and cellophane, all common objects found in many American households. It’s also used to process petroleum and natural gas, make pulp and paper, is used in textile processing, water treatment, the making of glass, creating adhesives, processing aluminum, degreasing metals, and vegetable oil refining. Its very versatility makes it a popular, but deadly chemical to use.

Ask any scientist that works with chemicals knows about sodium hydroxide, so get ready for a long litany about how deadly this chemical can be and how it must be handled with extreme caution. Inhaling it causes a lung injury called pulmonary edema (fluid accumulation in the lungs). Side effects include coughing, a tight chest and difficulty breathing.

If this compound comes into contact with exposed skin it results in scarring, ulcerations and severe burning as the chemical keeps eating through layers of skin until it is washed off. If prompt action isn’t taken, the severity of the resulting injury increases exponentially. There are other debilitating damages a worker may sustain while working with lye, but the greatest concern is the consequences of long-term exposure to this deadly chemical.

For workers who feel they have sustained a permanent injury from working in the presence of lye, contact an attorney with experience with workplace injuries, hazardous substances and workers’ compensation law. The case will be discussed in detail in order to determine how to proceed to file for damages. Don’t wait until it’s too late to file a claim. Justice delayed is justice denied.

To learn more about Dayton divorce lawyer, Dayton dui lawyer, Dayton defense lawyer, Dayton divorce attorney, Dayton dui attorney, Dayton defense attorney, Dayton attorney, Dayton lawyer, Dayton ohio, visit Denslowlaw.com.

They Would Rather Have a Job

The latest round of slightly comical bumper stickers reads, “I’d rather be working,” a heartfelt sentiment of many of the nations currently unemployed.

Many of the currently unemployed people have other obligations to deal with besides just paying mortgage, rent, utilities and car payments. They may also have the specter of child support and maintenance dogging their footsteps. This is the point where many cave in and seek reductions in child support payments. The rising numbers of people seeking this kind of relief are staggering and not surprising, given the state of the economy.

Many states have a burgeoning unemployment rate and part of the fallout, aside from a high foreclosure rate, is the significant surge in divorced parents asking the courts to ease the burden of their payments. While the rates are high, they could very well be a whole lot higher and many attorneys are wondering why the numbers aren’t worse than they are right now.

The general perception on the part of most attorneys is that not a lot of people honestly understand that even though the court ordered they pay child support, that the court doesn’t have any idea whether they are still working or not. This means the person forking over the support payments has to take the initiative themselves to get the ball rolling.

Many people, however, are very reluctant to do this because of the cost of filing (up to $500). On the other hand, in most states those who are on unemployment benefits are finding that if they are obligated to pay child support, it’s coming out of their unemployment benefits. This of course leaves them less money to live on and the vicious cycle continues.

The other likely reason for fewer people filing for child support relief is that many of the people who did lose their jobs have held them for years and don’t have a clue what they need to do when faced with a job loss. Reducing their child support payments is one of the last things they seem to find time for while in the process of trying to hold their life together. Unfortunately as time passes, any money set aside is spent, payments fall behind, driver’s licenses get suspended and in some cases, jail time is imposed.

While this is not a satisfactory solution to collecting child support payments, given the very nature of the adversarial system, it seems to be the only one that works – even though no one may wring blood from a stone. Not only is the person who pays child support in a bind, the person who receives it is either living on a whole lot less or just about nothing at all, trying to provide the basics, health care, shelter and food.

It’s pretty much a given that those deadbeat dads and moms who deliberately avoid paying child support really do need to be taken to task. Interestingly enough, many of the people not living up to their responsibilities are earning poverty level wages. Those who do run must be held accountable, of course, as should custodial mothers who squander funds or ignore a father’s right to parenting time.

It’s obvious that many in this vicious bind need support from the legal system and the courts. Attorneys, of course, have they own way of helping in situations like this and if a person is facing extreme difficulties living up to their child support obligations, it’s best to consult with a skilled family law practitioner and find out what other solutions are available to resolve the situation.

To learn more about Dayton divorce lawyer, Dayton dui lawyer, Dayton defense lawyer, Dayton divorce attorney, Dayton dui attorney, Dayton defense attorney, Dayton attorney, Dayton lawyer, Dayton ohio, visit Denslowlaw.com.

Divorce and the Family Home

Once upon a time when people first got married, they felt they had the world by the tail and that nothing would quench their love.

Fast forward years later and we see a family with two kids, a large home and one parent working while the other stays home to care for the kids. They did well in the years prior to the recession, well enough to even have a home in an upscale part of town and send their children to a pricey private school. Then the recession hit and the breadwinner got demoted to another position in the company that paid a lot less. It was that or no job at all.

The financial strain of trying to keep up with all their debts and obligations began to take its toll. Both of them felt if they only had more money, things would be different, even easier. The breadwinner began to resent the partner who stayed home for not contributing financially to the household. The partner at home took great exception to the breadwinner taking the lower paying job, despite the fact it seemed like a smart move at the time. Dissention began to foment in the house and before they knew it, thoughts of divorce and talking to a Dayton divorce lawyer were spiraling through their heads. So much for the concept of love being able to conquer all. Unfortunately, love does not pay the mortgage or the kids’ schooling.
As financial pressure mounts, love tends to fly out the door. In this dreadful economy pulling the pin on a marriage is something that needs to be thought about long and hard before actually doing it. Nowadays, the very idea of having to pay child support and maintenance and anything else in addition as awarded by the courts is a chilling thought for the person potentially facing those payments. Many people are now opting for counseling and trying their best to make things work. It’s far less expensive to go the mediation route.

If the counseling doesn’t work, and in some instances, things are just too far gone to make any difference, a Dayton divorce lawyer is the only other option. It would, of course, be nice if the partners agreed on all the terms of a property division, custody issues, support and visitation rights. However, in most cases, this is nothing but a pipe dream with the couple sparring constantly. If you’re facing a situation like this, consult with a highly skilled Dayton divorce lawyer who will tell you upfront what your rights are and make sure you understand what is needed to make sure there is an equitable split of your assets.

Equitable splits are the stuff nightmares are made of and trying to figure out such things like how to divide the family home makes things exceedingly difficult. A few years back you could sell the house and split the profits or buy your former partner out. With the economy the way it is now, that isn’t possible and in fact, foreclosure is more of an issue than being able to equitably divide the property.

Another burning issue is the inability to pay to keep two separate households and pay support of some kind. Those living from payday to payday know full well the kind of struggle that entails. For these and other reasons, many couples are opting to stick it out in their marriage and see what happens later. Marry once; think twice about divorce in the 21st century in the middle of a recession.

Jeremiah Denslow is a Dayton Divorce Lawyer in Dayton Ohio with Denslow Law Firm. The firm specializes in family law. Jeremiah also practices Dayton criminal defense. To learn more about Dayton divorce lawyer, Dayton dui lawyer, Dayton defense lawyer, Dayton divorce attorney, Dayton dui attorney, Dayton defense attorney, Dayton attorney, Dayton lawyer, Dayton ohio, visit Denslowlaw.com.

On the Job Electrocution - Wrongful Death

It doesn’t take much of an imagination to contemplate an electrocution on a construction worksite. After all, more than half the tools in use have an electrical source.

While you might think that a rain day would be called on a construction job where power tools are used, you’d be wrong. The job is on a deadline and that deadline does not recognize Mother Nature’s interference. Rain or not, workers handling power tools and working toward a deadline to get their jobs done are at high risk for electrocution.

It’s a given that water and anything that runs on electricity just don’t mix. Construction workers know this and so do their employers, but the job must be completed on time and on budget. Every time a worker handles electrical equipment under wet conditions, that employee’s life is in danger.

Picture a wet and rainy day and a worker cutting wood with a power saw whose cord is dragging in the mud and puddles created by the rain. Water has the chance to seep into the connection and follow the cord to the employee holding the saw or electrocute any worker that walks across the wet connection on the ground.

In most instances, electrocution kills instantly and when it doesn’t, the person will suffer severe burns or wind up in a coma. The damage left behind in the wake of an electrocution is painful and heart wrenching. The person who was electrocuted and survived may never be the same again.

There are other ways that workers may be killed by electrocution on the job. Typically nearly two fifths of the cases of death by electrocution occur from contact with overhead power lines. Those that do survive such an accident sustain electrical burns, arc burns and/ or thermal contact burns. The electrical burns are problematic because they have an entry wound and an exit wound where the current traveled through the body. If the current ran through the heart, victims may experience defibrillation. They may have a chance of survival if CPR is administered promptly.

In instances where an employer insists on having employees work in unsafe conditions, the question of negligence rears its ugly head. Cases like this need to be taken to a lawyer with experience in handling electrocution accidents. It’s far too important that justice be done for the grieving family and damages recovered where possible.

To learn more about Dayton divorce lawyer, Dayton dui lawyer, Dayton defense lawyer, Dayton divorce attorney, Dayton dui attorney, Dayton defense attorney, Dayton attorney, Dayton lawyer, Dayton ohio, visit Denslowlaw.com.

Drowning Lawsuits

Unfortunately, a drowning accident can happen at any time in just about any location.

Shockingly, nine people drown everyday in the U.S., with drowning being the second leading cause of death for kids between 1 and 14 years old. Nearly 3500 people die in drowning accidents across the nation each year. The reason for roughly 75% of all drowning is lack of adult supervision for less than five minutes.
It doesn’t take much to drown; an accidental fall into a water source, getting trapped in debris, hitting one’s head after diving, getting caught in an undertow, or even lacking the strength to struggle against the water. The causes are legion and the injuries that result have the potential to be serious (paralysis from neck and head injuries or severe limb injuries) or deadly (disembowelment and death).

When a drowning happens, the question becomes one of identifying if there was negligence involved or if there was defective equipment. In cases such as this, it is best to consult with a highly trained Dayton lawyer and have him outline what your rights are and how cases such as this are handled. Chances are, depending on the circumstances of your case, you may be eligible for compensation.

If there was negligence, and in many cases of swimming pool injuries or deaths there may very well be, it is usually due to another person’s carelessness or due to a defective drain or other pool component. Not every child that falls into a pool or gets pushed into one will die by drowning, but for each child that does, there are another four who need emergency medical treatment and are often left with permanent injuries. Nearly 20 percent of the children who do survive a near-drowning may suffer permanent brain damage.
Don’t wait to talk to a lawyer about your case thinking it you can wait until you are able to handle the grief of losing a loved one. There are statutes of limitations for filing wrongful death or personal injury lawsuits, and you don’t want to miss the filing date. Call a Dayton lawyer immediately and seek legal counsel about your situation. The first meeting is free and you will find out what options you have available and whether or not it is possible to recover things like medical and funeral expenses, loss of wages, pain and suffering, etc.

Jeremiah Denslow is a Dayton Divorce Lawyer in Dayton Ohio with Denslow Law Firm. The firm specializes in family law. Jeremiah also practices Dayton criminal defense. To learn more about Dayton divorce lawyer, Dayton dui lawyer, Dayton defense lawyer, Dayton divorce attorney, Dayton dui attorney, Dayton defense attorney, Dayton attorney, Dayton lawyer, Dayton ohio, visit Denslowlaw.com.

A Felony Is Serious

Across the US every state has its own system to classify crimes. While this may sound haphazard, most of them are broken down along fairly similar lines.

Generally speaking, the first classification to note is misdemeanors and felonies. It’s the felonies that are the most serious offenses and often come with a jail sentence, or in some very serious crimes, the death penalty. On the other side of the coin are the misdemeanors that usually are categorized as being less serious offenses and come with a jail term of less than a year in the county jail, not a penitentiary.

Past this initial first breakdown of the differences, there are further categories that usually depend on the severity of the crime in question. “An example would be a Class A misdemeanor, which is considered fairly serious and normally comes with a jail term and a fine. However, this varies from state to state,” explained Jeremiah Denslow of Denslow Law in Dayton, Ohio.

Class B misdemeanors may only have jail terms of up to 180 days, and Class C misdemeanors usually just carry fines, but again, these are generalities and this may change from state to state. If a person is charged with one of the above misdemeanors, it’s best to consult with a qualified attorney and have them explain the situation and deal with the charges.

When dealing with felonies, the price tag tends to be higher, and again, variable from state to state. “In felony classifications, the most serious crimes such as first-degree murder are labeled capital felonies. Someone convicted of a capital felony in states that have the death penalty, may get death or life in prison,” added Denslow.

Generally speaking first-degree felonies earn prison for five years to life; second-degree receives no more than 20 years and no less than 2 years; and third-degree felonies tend to get prison terms of no more than 10 years and not less than 2 years. However, having said that, in many instances there are circumstances that may change how an offender is punished. This will have to do with the work of the lawyer who handled the case.

“Generally speaking, in order to figure out what crime fits what classification, the law looks at what the state has on the books, any priors and mitigating or aggravating factors,” outlined Jeremiah Denslow of Denslow Law in Dayton, Ohio. This is where a highly qualified attorney will be able to make a significant difference in the outcome of cases such as this.

To learn more about Dayton divorce lawyer, Dayton dui lawyer, Dayton defense lawyer, Dayton divorce attorney, Dayton dui attorney, Dayton defense attorney, Dayton attorney, Dayton lawyer, Dayton ohio, visit Denslowlaw.com.

Divorces May Be Complex

No one ever said that getting a divorce is easy, particularly if there lots of assets and children involved.

Getting a divorce is difficult for all the involved parties and has been called by many psychologists a form of death. There are very few divorces that could be classified as “easy,” with most of them falling somewhere between acrimonious and contentious.

The process of divorce deals with many issues, not the least of which is the division of assets, child custody, support or maintenance for the spouse, and visitation rights. “Since these issues are all dealt with differently in each state, make sure to ask your lawyer what happens in your home state and what you will need to do to file and get through it all,” advised Jeremiah Denslow of Denslow Law in Dayton, Ohio.

In some states when someone files a petition for dissolution of marriage, the divorce may be deemed to be either a “fault” divorce or a “no fault” divorce. Again, this is something that needs to be checked with a competent attorney familiar with divorce law, as each state has slightly different classifications for divorce petitions.

“For a no fault divorce, the spouses need to have been living apart for at least 2-years or longer. They must cite irreconcilable differences as the reason for their petition” explained Denslow. On the other side of the coin is a spouse who has cheated, is impotent or abuses substances, and these are the reasons the marriage came apart. This is definitely a fault divorce.

Other issues that need to be dealt with during a divorce include the division of joint property. “There are a variety of conditions/circumstances that apply to whether or not an asset purchased after marriage is eligible to be split up. The distinctions here have to do with the difference between marital and non-marital assets,” outlined Jeremiah Denslow of Denslow Law in Dayton, Ohio. The lawyer dealing with a divorcing couple will need to run down the conditions to keep both parties informed of what is required by law.

Child custody is another “hot button” issue that has the potential to get quite ugly, as one parent usually wants more access to the children than the other parent is prepared to give. “In really contentious situations, the courts do take a child’s wishes into consideration when making any custody decisions; however, their overall well-being relating to mental, emotional and physical development may override those wishes,” added Denslow.

If faced with the difficult decision of divorcing a spouse, make it a point to retain a skilled divorce attorney who is able to assist in making the divorce process go as smoothly as possible.

To learn more about Dayton divorce lawyer, Dayton dui lawyer, Dayton defense lawyer, Dayton divorce attorney, Dayton dui attorney, Dayton defense attorney, Dayton attorney, Dayton lawyer, Dayton ohio, visit Denslowlaw.com.