Divorce: Sudden Divorce Syndrome in Ohio

Can Sudden Divorce Syndrome Impact You Both Emotionally And Legally? What You Need To Know

Sudden Divorce Syndrome (SDS) refers to a situation that occurs, most often in a man’s life, where his spouse, without any signs, wants a divorce.  Perhaps the most publicized SDS (Sudden Divorce Syndrome) case involves Mr. Martin Paul.  Mr. Paul discusses how he was nearing retirement, wasn’t having any ill feelings towards his wife, and had even been planning numerous vacation and relaxation events for himself and his wife together.  Unbeknownst to Mr. Paul, his wife had other plans.  She blindsided him when she announced that she wanted a divorce.  Following the completion of the divorce Mr. Paul was devastated. He was unable to cope with the loss of his family and the accusations his wife threw his way.  He overdosed multiple times but each time was able to dial 911 in time.  Mr.… View Full Article → “Divorce: Sudden Divorce Syndrome in Ohio”

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”

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”

Divorce: Service Of Process In Ohio

Don’t Know Your Spouse’s Location? How to Complete “Service of Process” When Seeking A Divorce In Ohio

When I am retained by a client (Husband or Wife) who is seeking a divorce from his or her spouse, one of my initial questions is:  Do you know where your spouse is residing?  Or, do you know where your spouse is living or working?  This information is important as the spouse will need to be formally “served” with the Complaint for Divorce and associated pleadings (Financial Affidavit, Parenting Proceeding Affidavit, Family Questionnaire, and Title IV-D Application for Child Support Services).  The two (2) most commonly used methods of serving a party with the necessary divorce papers are:

  1. Personal Service of Process:  A Process Server is identified to personally go to the residence or place of employment of the Defendant and to personally deliver the divorce packet (containing all the pleadings and Summons of the Court) to the Defendant.  
… View Full Article → “Divorce: Service Of Process In Ohio”

Divorce: Addressing High Conflict Cases – Tips and Strategies

High Conflict Divorce Tied With High Conflict Personalities According To Therapists

On March 24th, 2014, I traveled from Dayton, Ohio to Mason, Ohio to interview Brenda Patton, Therapist, Parenting Coordinator, and Mediator for The Counseling and Cooperative Parenting Center of Ohio, LLC, also known as “CCPC – Ohio”.  Initially, I was interested in interviewing a spokesperson of this Parenting Center as they were a “private” entity providing supervised visitation or supervised parenting time for families in Montgomery, Warren, and Hamilton Counties. When I learned that the service of supervised visitation had been discontinued in July 2013, I explored other topics of interest. When Ms. Patton advised me that the Center was interested in working with “high conflict” divorce matters, my interest was piqued.

What is a “high conflict” divorce matter?  Ms. Patton defined it as being cases that have a “revolving door” relationship with the Domestic Relations Courts. They are the cases that are never resolved or settled.  … View Full Article → “Divorce: Addressing High Conflict Cases – Tips and Strategies”

Divorce Rates on the Climb as the Economy Recovers

Recent Spike In Divorce Rates Tied To Economy Study Suggests

Interestingly, while the total number of new cases filed in Ohio in 2012 hit a 10-year low, the same cannot be said about divorce actions.  Ohio has seen a recent spike in divorce after a steady decline for the past decade.  To get a better grasp on why this is occurring, we must first look at the statistics of divorce in the Greater Dayton Area and Ohio in general.

In Montgomery County, according to the Ohio Department of Public Health, the 2010 divorce rate was 65.2 per 100 marriages. The 2009 rate was 60 per 100, and the 2008 was 53.5 per 100.

Comparing Montgomery County to the rest of Ohio in 2010, Montgomery County had a rate of nearly 10 marriages per 100 higher that ended in divorce. (Ohio’s 2010 rate was just over 50 per 100).

A recent divorce study found that nationwide, divorces often increase with the economy.  … View Full Article → “Divorce Rates on the Climb as the Economy Recovers”

Divorce Matters in Ohio: Limited Representation

Hire A Divorce Attorney Or Save Money With Limited Representation?

When married couples decide on a divorce, a number of things can happen.  When one party decides to file for the divorce, they can either attempt the divorce pro se (without a lawyer) or hire an attorney. There is another option.

The middle ground occurs when firms and divorce attorneys offer “unbundled legal services.”  This is also called “limited scope representation” and occurs when a divorce attorney or firm reviews or creates the documents, and informs the pro se filer when and where to file, but does not offer any other legal advice.   Essentially sending you on your way with a “complete” divorce packet.

After the documents are prepared, the divorce can continue without attorney representation.

Limited representation arrangements are relatively new in Ohio.  While designed to help consumers with “low cost” representation options in simple divorces cases, they can also create a quagmire between the Ohio Rules of Professional Conduct and a lawyer’s duty to represent their client to their fullest ability. … View Full Article → “Divorce Matters in Ohio: Limited Representation”

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