Divorce Pitfalls
Many individuals choose to represent themselves in a divorce or dissolution case. Oftentimes, in very simple matters, this is not a terrible decision. However, a recent case demonstrates the potential negative consequences of not having qualified counsel.[1]
In this recent case, Husband and Wife dissolved their marriage in 2003. The parties agreed on all matters, including a provision on how to divide Husband’s pension. The pension was to be divided pursuant to an Order that was filed with the Court.
Wife’s lawyer prepared the Order, as Husband was not represented by an attorney. The problem was that the Order was inconsistent with the parties’ agreement, and Wife received a larger portion of the pension than she was entitled to.
Husband filed a motion with the Court to correct this error. Ultimately, his motion was denied because certain language was not included in the original agreement with his Wife, language that would have permitted his motion to go forward. Without this language, Husband needed to appeal his case within 30 days from the filing of the Order. There would have been little reason for him to do so, as he would not have known there was an error within the 30 day timeframe. Pension divisions often take many months before they are processed by the plan administrator.
Qualified Domestic Relations Orders, the Order used to divide retirement benefits, can be very complicated documents, filled with legalese. The original agreement needed to have language giving the Court jurisdiction to correct errors in the pension Order. Since it did not, Husband is stuck with the error, and Wife will continue to receive the additional benefits.
[1] Pearl v. Pearl, 2012-Ohio-4752.
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Marty Hubbell is a partner in the law firm of Diehl & Hubbell, LLC (www.DiehlHubbell.com), and has been practicing domestic relations law in Warren County, Ohio since 2001. He was recently named an Ohio Super Lawyer for the third time, and has been named to the Top 40 Under 40 list. He is also a part-time Magistrate for the City of Lebanon, Ohio. He can be reached at (513) 932-2121 or MHubbell@DiehlHubbell.com
Attorney Gabe Moorman makes another appearance on Fox45
Click the link below to see Gabriel Moorman, Esq., discuss the Schuler and Israel cases with Dayton’s Fox45/ABC22 morning news team. Be sure to tune in this Thursday, October 27th, 2011, as Gabe sits down, again, with Meghan Mongillo to talk about the conclusion of the Stacy Schuler case out of Warren County, Ohio.
http://fox.daytonsnewssource.com/shared/newsroom/morning/videos/vid_404.shtml
Martin Hubbell named a 2012 Ohio Super Lawyers Rising Star!
Congrats, Marty! Named one of Ohio’s top lawyers.
Lawyers are asked to nominate the best attorneys who are 40 or under. They are instructed to nominate lawyers they have personally observed in action – whether as opposing counsel or co-counsel, or through other firsthand courtroom observation.
In addition to the general survey, the attorney-led research team reviews the credentials of potential candidates and assigns points based on a set of defined evaluation criteria. The research staff also confirms that nominees are properly licensed, in good standing with the state licensing agency, and, when possible, that they have no history of disciplinary action that would warrant removal from the list.
The point totals from the general survey and research process are then added to arrive at a final tally. The lawyers are ranked by point totals and those with the highest point totals are named to the Rising Stars list. No more than 2.5 percent of the lawyers in the state are named to the list. To ensure a diverse and well-balanced list, the research staff considers factors such as firm size, practice area and geographic location.
We at Diehl & Hubbell, LLC are proud of Mr. Hubbell and would like to thank him for his years of dedicated service to the Southwest Ohio community!
You can find Mr. Hubbell at 304 East Warren Street, Lebanon, Ohio, 45036 #513.932.2121
Diehl & Hubbell’s Gabe Moorman visits with Meghan Mongillo of Fox 45
Please click the below link for access to the live interview on July 21st, 2011. Mr. Moorman discusses the Stacey Schuler and Marcus Israel cases with Meghan Mongillo at the ABC22/FOX45 studio in Dayton.
Dayton’s News Source :: Good Morning – Local Attorney Insight on Stacy Schuler Case: http://t.co/W4b17wi
You can also find us on our website at http://www.diehlhubbell.com!
Change of Plea for Mason Teacher
Wednesday, July 13th, 2011
By: Gabriel Moorman
Stacy Schuler, the former Mason High School gym teacher accused of having sex with a number of her students, has entered a plea of not guilty by reason of insanity.
This often utilized and rarely successful plea is an attempt by the defense to offer a legal excuse for Ms. Schuler’s actions. While quite possibly the defendant’s best argument, the requirements for such a plea are very difficult to establish.
The defense, in effect, is not contesting whether or not the sexual conduct took place – they are only arguing that Ms. Schuler did not possess the necessary mental state or intent to commit the crime.
The trial court will order her to be evaluated, and the expert report will probably be provided in about 4-6 weeks.
Her trial is set to begin on August 8th, 2011, at the Warren County Court of Common Pleas in front of Judge Robert Peeler.
RIP Officer Dulle
Our condolences go out to Officer Dulle and his family. What a tragic scene, in which thirty-six year old Brian Dulle was killed while performing his duties as a Warren County Police Officer. Dulle was putting out stop-sticks along the roadway on St. Rt. 42 when Marcus Israel allegedly ran into Officer Dulle at over 100 miles per hour, killing him instantly. Israel has been charged with involuntary manslaughter and failure to comply with a police officer, facing fifteen years in prison if he is convicted. At the arraignment in Lebanon Municipal Court Thursday, Israel apologized to Officer Dulle’s family. Israel is being held on a one million dollar bond. What a great loss to the community – What an irresponsible and reckless act. The suspect decided to trade a tail-light violation for a manslaughter charge.
By: Gabe Moorman, Attorney and Counselor at Law at Diehl & Hubbell, LLC
304 East Warren Street, Lebanon, OH 45036
Volume V, Issue I of Thomas J. Diehl’s Accident and Injury Reporter
www.thomasjdiehl.com/ThomasJDiehl-Publications-personal-injury-warren-county–attorney#entry_39
In this issue of the Accident and Injury Reporter, Mr. Diehl answers frequently asked questions about releases. He discusses a very important Ohio Supreme Court case affecting all persons injured as a result of other persons’ negligence. And, Tom introduces you to our staff of lawyers, paralegals and administrators assisting in providing full and complete recovery for our clients injured in automobile accidents.
Issue #34 of Tom Diehl’s Co-Counsel Reporter
Check out “It Ain’t Over Yet”, by Thomas J. Diehl. Mr. Diehl discusses tactics to combat the Ohio Supreme Court’s decision in Robinson v. Bates.
Ohio Attorneys, Diehl and Hubbell, LLC. A law firm in Southwest, Ohio, since 1988. We handle personal injury, criminal law, domestic relations, worker’s compensation, and civil litigation. We practice in all areas of Ohio including Warren, Greene, Montgomery, Clermont, Hamilton, and Highland counties, as well as Dayton, Cincinnati, Lebanon, Mason, Beavercreek, Kettering, Centerville, Waynesville, Ohio. Give us a call today and let us put our resources to work for you.
Run Over Our Citizens, But Don’t Mess With Our Soybeans
By: Thomas J. Diehl (In 2008) With the enactment of Senate Bill 80, damages in many tort actions are capped. The jury’s determination of rightful compensation to a Plaintiff will be disregarded in many circumstances. In any claim for damages for injury or loss to person or property, including product liability claims, a plaintiff who has suffered non-catastrophic or noneconomic damages is limited to the greater of Two Hundred Fifty Thousand Dollars ($250,000) or three times the economic loss,but not to exceed Three Hundred Fifty Thousand Dollars ($350,000). EXAMPLE NO. 1: Plaintiff is injured in a non-catastrophic motorcycle accident and incurs medical bills of Ten Thousand Dollars ($10,000) and a wage loss of Five Thousand Dollars ($5,000), for total special damages of Fifteen Thousand Dollars ($15,000). The most he can receive for his non-economic loss (i.e. pain and suffering) is Two Hundred Fifty Thousand Dollars ($250,000). 3 x $15,000 = $45,000. Plaintiff is entitled to three times economic loss or Two Hundred Fifty Thousand Dollars ($250,000), whichever is greater. EXAMPLE NO. 2: Plaintiff is injured in a non-catastrophic loss and incurs medical bills of One Hundred Thousand Dollars ($100,000) and wage loss of Twenty-Five Thousand Dollars ($25,000), for a total loss of One Hundred Twenty-Five Thousand Dollars ($125,000). If a jury awards pain and suffering of Five Hundred Thousand Dollars ($500,000), that portion of the jury verdict will be reduced to Three Hundred Fifty Thousand Dollars ($350,000), because of the cap. It seems odd that the Ohio legislature would protect drunk and reckless drivers at the expense of truly injured persons. Although the Ohio Legislature limits the recovery available to a plaintiff seriously injured in a car accident caused by a drunk driver, it has made certain that producers of corn, wheat and soybeans injured by someone speaking badly of their products are fully compensated. Ohio Rev. Code §2307.81 subjects anyone who falsely disparages an Ohio agricultural or aquacultural food product, to “in addition to any award of punitive damages, damages in an amount up to three times the amount of compensatory damages.” Thus, the Ohio Legislature has chosen to place a cap on the damages a drunk driver will pay, while it subjects those that may dare to disparage a soybean to treble damages. http://www.thomasjdiehl.com
Ohio Attorney Blog - Diehl & Hubbell, LLC 