Divorce: Dividing Property, Assets & Debts in Ohio

Property Division in Ohio Can Be Complicated In Marriage Breakup – Hire A Experienced Divorce Lawyer Early

Depending upon the issues in a marriage breakup, dividing assets and debts is usually a preliminary topic of conversation.  This can be a complex and lengthy discussion depending upon the nature of the assets, length of the marriage, and title of the property. The first aspect of analyzing how the court may divide property pertains to whether or not the property was acquired before or after the date of marriage. If the property is separate pre-marital property, that property would remain the property of the initial owner and would not be subject to division. In Ohio, property acquired during the term of the marriage is generally divided “equitably”.  While the courts in Ohio strive to create a fair property division, this may not always lead to a 50/50 equal distribution. But, an equal division is presumed to be the starting point.… View Full Article → “Divorce: Dividing Property, Assets & Debts in Ohio”

School Year Preparations For Child And Parent

How To Prepare For A Successful School Experience – 10 Practical Back To School Tips for Parent And Child Transitioning Into A Separation or Divorce

School is right around the corner for many children and their parents.  This time of the year, while always somewhat stressful for children, can bring even more anxious unknowns for a child when their parents are separated.  Regardless of your relationship with your former spouse there are some steps you can take to ensure your children, and their teachers are prepared for the coming year.

The first thing to remember is even if you’re not on good terms with your spouse, you must respect them as a mother and a father.  Being able to set aside marital differences to ensure your child has a smooth and educational start to the school year is essential as a parent.  Below are some steps that every parent should take, regardless of your relationship with each other.… View Full Article → “School Year Preparations For Child And Parent”

Putative Father Registry: Should One Be Established Nationally?

National Putative Father Registry Database Could Benefit Father And The Child

This article intends to highlight the rationale for creating a National Putative Father Registry, instead of just allowing each state to independently promulgate their own registry.

What is a Paternity Registry?

A Paternity or Putative Father Registry is a database established to protect children and their mother by allowing putative fathers to list their names. This, in turn, will require that the putative father is notified regarding his legal rights to the child and if any of those rights are in the process of being removed. This also protects unmarried mothers by not forcing them to identify the names of the possible fathers. There are thirty states that currently have paternity registries (Ohio is included in this group). A previous article posted on the Ohio Family Law Blog discussing the Ohio Putative Father Database can be found here.… View Full Article → “Putative Father Registry: Should One Be Established Nationally?”

DOMA: Same-Sex Marriage Rights Update

A Look At The Same-Sex Marriage Law And The Defense of Marriage Act (DOMA), One Year Later

A few weeks ago marked the one year anniversary since the Defense of Marriage Act (DOMA) was struck down by the Supreme Court of the United States.  This article aims to analyze changes and new laws that have arisen since this decision, discussing where the states and national laws stand in regards to same-sex marriages.

What was the DOMA ruling?

The decision regarding the DOMA law was released on June 26,2013.  The decision that struck down the Defense of Marriage Act had some implications; however, it did not require that states recognize or allow same sex marriage.  The significant portion of the DOMA ruling allowed for states that recognized same sex marriages at the time to be granted the same federal benefits as heterosexual marries couples. We posted this linked blog article on the Ohio Family Law Blog at the time of that historic decision.  … View Full Article → “DOMA: Same-Sex Marriage Rights Update”

4th Of July Family Memories: The Red Ones Are the Best!!!

Family Law Attorney Chip Mues Recalls A Remarkable 4th of July Vacation Set In Maine

It seemed appropriate that I should write something for the family law blog geared towards the “Birthday of America”. In the past, I liked to reflect upon the holidays and tried to find some correlation between the specific holiday and my family law practice. Not always an easy task without becoming repetitive in discussing how to celebrate the day in the aftermath of a traumatic divorce.  So, as I pondered possible themes, I considered offering a bit of a twist on “Independence Day”. Or, perhaps, writing a patriotic post about America and the importance of family values.  In the end, I decided to go in a different direction.

As I think about this holiday, it brings back many fabulous memories. As a child, it was in my top two or three yearly holidays. I loved that it was the official start of summer and school was over.… View Full Article → “4th Of July Family Memories: The Red Ones Are the Best!!!”

Animal Protection: New Bill Would Shield Pets From Abuse

Should Domestic Violence Protection Orders Protect the Family Pet Or Animal Against Abuse?

A bill introduced in August 2013 would amend domestic protection order laws to include your furry friend.  The new (potential) law seeks to add “companion animal” to protective order abilities.   The new bill seeks to add the language…

The court may include within the scope of a protection order issued under this section any companion animal that is in the complainant’s or alleged victim’s residence and may issue additional orders as it considers appropriate for the protection of the companion animal, including any listed in division (D)(1) of this section. (SB 177: 2013)

This new added language grants courts the power to protect a victim’s animal from abuse.  This became a hot issue recently with 71% of women who entered battered or abuse shelters reporting that their batterer killed, injured, or was abusive to their animal companion.… View Full Article → “Animal Protection: New Bill Would Shield Pets From Abuse”

Divorce and Your Mortgage Interest Tax Deduction

Consider Allocation Of Mortgage Interest Tax Deduction When Filing A Divorce Decree

In Ohio, and elsewhere, you may be able to deduct the interest paid on the mortgage on your principle residence when filing your tax return.   A deduction is simply the lowering of your taxable income.  For example, if you make an adjusted gross income of 70,000 dollars and have paid 10,000 dollars in mortgage interest throughout the year, you’re taxable income before other deductions would be 60,000 dollars.

Regardless of whether you’re single or married, you’re able to claim your mortgage interest deduction on your itemized return.  When you file your return, you’re also required to list your filing marital status.  The IRS requires that you claim your marital status in accordance with your marital status on the “last day of the year.”  So you must have been married on December 31st of the year to file as “married” for that year.… View Full Article → “Divorce and Your Mortgage Interest Tax Deduction”

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