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
Diehl & Hubbell wins recent Ohio Supreme Court case.
Diehl & Hubbell successfully argued that a trial court must inform a defendant of certain potential consequences at the time of sentencing. The Ohio Supreme Court’s decision reversed the Twelfth District Court of Appeals. The appellate court originally denied the requested relief under the ripeness doctrine.
The Ohio Supreme Court sided with the Defendant, and indicated that a reviewing court must strictly construe the statutory language.
The case is State v. Smith, 2012-Ohio-781.
The opinion can be found at: http://www.sconet.state.oh.us/rod/docs/pdf/0/2012/2012-ohio-781.pdf
Marty Hubbell’s Merit Brief can be found at: http://www.sconet.state.oh.us/tempx/694123.pdf
Loveland Mayor’s Court
Loveland, the home of Salmon P. Chase and Jerry Springer, is one of many Ohio municipalities that has created a Mayor’s Court. This Court hears traffic cases, OVI (or DUI), driving under suspension (DUS), and other misdemeanors. Mayor’s Courts are presided over by a Magistrate.
The Loveland Police Department and the Clermont County Sheriff can cite first time offenders into the Loveland Mayor’s Court. Because Mayor’s Courts are not courts of record, a Defendant has the automatic right to appeal the case, regardless of the result. If a Defendant is not pleased with how their case turned out at the Mayor’s Court, the case can start over in the Clermont County Court. As Marty Hubbell says, “It is like getting two bites at the apple, which can be a great advantage to the defense.”
When charged with an offense in Loveland Mayor’s Court, it is especially important to retain a local lawyer who has experience working in these unique types of Courts. Because of the unofficial nature of Mayor’s Courts, the procedures and practical approaches to the case can vary greatly.
Loveland Mayor’s Court is conducted every first and third Thursday of the month at 6:00 p.m. at the Loveland City Hall Building, 120 West Loveland Avenue, Loveland, Ohio 45140. Your court date will be listed on your ticket or subpoena. Further information can be obtained at Loveland’s website:
http://lovelandpolice.com/index.php?option=com_content&view=article&id=78&Itemid=145
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Gabe Moorman is an associate in the law firm of Diehl & Hubbell, LLC (www.DiehlHubbell.com). He is a graduate of the University of Cincinnati College of Law and former President of the Intellectual Property Legal Society. Mr. Moorman is a practicing criminal defense attorney in Southwest, Ohio. He can be reached at (513) 932-2121 or at GMoorman@DiehlHubbell.com.
Moraine Mayor’s Court
By Marty Hubbell
Some Ohio municipalities have created Mayor’s Courts, as authorized by the Ohio Revised Code. These Courts hear traffic cases, OVI (or DUI), DUS, and other misdemeanors.
The Moraine Police Department or Montgomery County Sheriff can cite first time offenders into the Moraine, Ohio Mayor’s Court. Mayor’s Courts are not courts of record, and a Defendant has the automatic right to appeal the case, regardless of the result. If a Defendant is not pleased with how the case was resolved in Moraine Mayor’s Court, the case can start over in the Montgomery County court system. It is like getting two bites at the apple, which can be a great advantage to the defense.
When charged with an offense in Moraine Mayor’s Court, it is especially important to retain a local attorney who has experience working in these types of Courts. Because these Courts are not official, the procedures and formalities can vary greatly, especially compared to County or Municipal Courts.
Moraine Mayor’s Court is located at 4200 Dryden Road, Moraine, Ohio, 45439. The Court is in session every Wednesday beginning at 1:30 p.m. Be sure to check your ticket to ensure the proper date and time, as the Court has been known to change regular hours due to time conflicts.
Further information can be obtained at the following website: http://www.ci.moraine.oh.us/index.php?option=com_content&view=article&id=87&Itemid=112
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Marty Hubbell is a partner in the law firm of Diehl & Hubbell, LLC (www.DiehlHubbell.com), and has been practicing criminal defense law in Warren County and Montgomery County, Ohio for ten years. He has been named an Ohio SuperLawyer, and is a part-time Magistrate for the City of Lebanon, Ohio. He can be reached at (513) 932-2121 or MHubbell@DiehlHubbell.com
Trenton Mayor’s Court
By Marty Hubbell
Some Ohio municipalities have created Mayor’s Courts, as authorized by the Ohio Revised Code. These Courts hear traffic cases, OVI (or DUI), DUS, and other misdemeanors.
The Trenton Police Department or Butler County Sheriff can cite first time offenders into the Trenton, Ohio Mayor’s Court. Mayor’s Courts are not courts of record, and a Defendant has the automatic right to appeal the case, regardless of the result. If a Defendant is not pleased with how the case was resolved in Trenton Mayor’s Court, the case can start over in the Butler County Area Court system. It is like getting two bites at the apple, which can be a great advantage to the defense.
When charged with an offense in Trenton Mayor’s Court, it is especially important to retain a local attorney who has experience working in these types of Courts. Because these Courts are not official, the procedures and formalities can vary greatly, especially compared to County or Municipal Courts.
Trenton Mayor’s Court is located at 11 East State Street, Trenton, Ohio, 45067. Be sure to check your ticket to ensure the proper date and time, as the Court has been known to change regular hours due to time conflicts.
Further information can be obtained at the following website: http://www.ci.trenton.oh.us/depts/mcourt/mcourt.asp
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Marty Hubbell is a partner in the law firm of Diehl & Hubbell, LLC (www.DiehlHubbell.com), and has been practicing criminal defense law in Butler and Warren Counties, Ohio for ten years. He has been named an Ohio Super Lawyer, and is a part-time Magistrate for the City of Lebanon, Ohio. He can be reached at (513) 932-2121 or MHubbell@DiehlHubbell.com
Monroe Mayor’s Court
By Marty Hubbell
Some Ohio municipalities have created Mayor’s Courts, as authorized by the Ohio Revised Code. These Courts hear traffic cases, OVI (or DUI), DUS, and other misdemeanors.
The Monroe Police Department or Sheriff’s department can cite first time offenders into the Monroe, Ohio Mayor’s Court. Mayor’s Courts are not courts of record, and a Defendant has the automatic right to appeal the case, regardless of the result. If a Defendant is not pleased with how the case was resolved in Monroe Mayor’s Court, the case can start over in the Butler County Area Court system or the Warren County Court, depending upon where the offense is alleged to have occurred. It is like getting two bites at the apple, which can be a great advantage to the defense.
When charged with an offense in Monroe Mayor’s Court, it is especially important to retain a local attorney who has experience working in these types of Courts. Because these Courts are not official, the procedures and formalities can vary greatly, especially compared to County or Municipal Courts.
Monroe Mayor’s Court is located at the City of Monroe Urban Center, 233 South Main Street, Monroe, Ohio 45050. Court is in session on the second and fourth Tuesdays of each month, beginning at 3:00 p.m.
Further information can be obtained at the following website: http://www.monroeohio.org/departments/mayors-court
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Marty Hubbell is a partner in the law firm of Diehl & Hubbell, LLC (www.DiehlHubbell.com), and has been practicing criminal defense law in Warren County, Ohio for ten years. He has been named an Ohio Super Lawyer, and is a part-time Magistrate for the City of Lebanon, Ohio. He can be reached at (513) 932-2121 or MHubbell@DiehlHubbell.com
Springboro Mayor’s Court
By Marty Hubbell
Some Ohio municipalities have created Mayor’s Courts, as authorized by the Ohio Revised Code. These Courts hear traffic cases, OVI (or DUI), DUS, and other misdemeanors.
The Springboro Police Department or Warren County Sheriff can cite first time offenders into the Springboro, Ohio Mayor’s Court. Mayor’s Courts are not courts of record, and a Defendant has the automatic right to appeal the case, regardless of the result. If a Defendant is not pleased with how the case was resolved in Springboro Mayor’s Court, the case can start over in the Warren County Court. It is like getting two bites at the apple, which can be a great advantage to the defense.
When charged with an offense in Springboro Mayor’s Court, it is especially important to retain a local attorney who has experience working in these types of Courts. Because these Courts are not official, the procedures and formalities can vary greatly, especially compared to County or Municipal Courts.
Springboro Mayor’s Court is located at 320 W. Cental Avenue, Springboro, Ohio 45066. Court is held every Wednesday, beginning at 9:00 a.m. Be sure to check your ticket to ensure the proper date and time to appear in Court. Further information can be obtained at the following website: http://cityofspringboro.com/court.html
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Marty Hubbell is a partner in the law firm of Diehl & Hubbell, LLC (www.DiehlHubbell.com), and has been practicing criminal defense law in Warren County, Ohio for ten years. He has been named an Ohio Super Lawyer, and is a part-time Magistrate for the City of Lebanon, Ohio. He can be reached at (513) 932-2121 or MHubbell@DiehlHubbell.com
Maineville Mayor’s Court
By Marty Hubbell
Some Ohio municipalities have created Mayor’s Courts, as authorized by the Ohio Revised Code. These Courts hear traffic cases, OVI (or DUI), DUS, and other misdemeanors.
The Hamilton Township Police Department or Warren County Sheriff can cite first time offenders into the Maineville, Ohio Mayor’s Court. Mayor’s Courts are not courts of record, and a Defendant has the automatic right to appeal the case, regardless of the result. If a Defendant is not pleased with how the case was resolved in Maineville Mayor’s Court, the case can start over in the Warren County Court. It is like getting two bites at the apple, which can be a great advantage to the defense.
When charged with an offense in Maineville Mayor’s Court, it is especially important to retain a local attorney who has experience working in these types of Courts. Because these Courts are not official, the procedures and formalities can vary greatly, especially compared to County or Municipal Courts.
Maineville Mayor’s Court is located at the Village Administration Building, 8188 S. State Route 48, Maineville, Ohio 45039. Court is held on the first and third Thursdays of each month at 6:00 p.m. Be sure to check your ticket to ensure the proper date and time to appear in Court. Further information can be obtained at the following website: http://www.mainevilleoh.com/Court.htm
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Marty Hubbell is a partner in the law firm of Diehl & Hubbell, LLC (www.DiehlHubbell.com), and has been practicing criminal defense law in Warren County, Ohio for ten years. He has been named an Ohio Super Lawyer, and is a part-time Magistrate for the City of Lebanon, Ohio. He can be reached at (513) 932-2121 or MHubbell@DiehlHubbell.com
South Lebanon Mayor’s Court
By Marty Hubbell
Some Ohio municipalities have created Mayor’s Courts, as authorized by the Ohio Revised Code. These Courts hear traffic cases, OVI (or DUI), DUS, and other misdemeanors.
The Warren County Sheriff can cite first time offenders into the South Lebanon, Ohio, Mayor’s Court. Mayor’s Courts are not courts of record, and a Defendant has the automatic right to appeal the case, regardless of the result. If a Defendant is not pleased with how the case was resolved in South Lebanon Mayor’s Court, the case can start over in the Warren County Court. It is like getting two bites at the apple, which can be a great advantage to the defense.
When charged with an offense in South Lebanon Mayor’s Court, it is especially important to retain a local attorney who has experience working in these types of Courts. Because these Courts are not official, the procedures and formalities can vary greatly, especially compared to County or Municipal Courts.
South Lebanon Mayor’s Court is located at 99 High Street, South Lebanon, Ohio, 45065. The Court shares space with rest of the Village of South Lebanon offices, and is adjacent to the South Lebanon Post of the Warren County Sheriff’s Office. The Court is in session two Thursdays a month, beginning at 9:00 a.m. Be sure to check your ticket to ensure the proper date and time. Further information can be obtained at the following website: http://www.southlebanonohio.org/clerk_of_court.htm
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Marty Hubbell is a partner in the law firm of Diehl & Hubbell, LLC (www.DiehlHubbell.com), and has been practicing criminal defense law in Warren County, Ohio for ten years. He has been named an Ohio Super Lawyer, and is a part-time Magistrate for the City of Lebanon, Ohio. He can be reached at (513) 932-2121 or MHubbell@DiehlHubbell.com
Harveysburg Mayor’s Court
By Marty Hubbell
Some Ohio municipalities have created Mayor’s Courts, as authorized by the Ohio Revised Code. These Courts hear traffic cases, OVI (or DUI), DUS, and other misdemeanors.
The Harveysburg Police Department or Warren County Sheriff can cite first time offenders into the Harveysburg Mayor’s Court. Mayor’s Courts are not courts of record, and a Defendant has the automatic right to appeal the case, regardless of the result. If a Defendant is not pleased with how the case was resolved in Harveysburg Mayor’s Court, the case can start over in the Warren County Court. It is like getting two bites at the apple, which can be a great advantage to the defense.
When charged with an offense in Harveysburg Mayor’s Court, it is especially important to retain a local attorney who has experience working in these types of Courts. Because these Courts are not official, the procedures and formalities can vary greatly, especially compared to County or Municipal Courts.
Harveysburg Mayor’s Court is located at 10542 E. OH-73, Harveysburg, Ohio, 45032, just up the road from the Ohio Renaissance Festival. Be sure to check your ticket to ensure the proper date and time to appear in Court. Further information can be obtained at the following website: http://www.harveysburg.org/
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Marty Hubbell is a partner in the law firm of Diehl & Hubbell, LLC (www.DiehlHubbell.com), and has been practicing criminal defense law in Warren County, Ohio for ten years. He has been named an Ohio Super Lawyer, and is a part-time Magistrate for the City of Lebanon, Ohio. He can be reached at (513) 932-2121 or MHubbell@DiehlHubbell.com
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