![]() Ohio has identified a number of reasons that justify a divorce. The reasons are: (A) Either party had a husband or wife living at the time of the marriage from which the divorce is sought; (B) Willful absence of the adverse party for one year; (C) Adultery; (D) Extreme cruelty; (E) Fraudulent contract; (F) Any gross neglect of duty; (G) Habitual drunkenness; (H) Imprisonment of the adverse party in a state or federal correctional institution at the time of filing the complaint; (I) Procurement of a divorce outside this state, by a husband or wife, by virtue of which the party who procured it is released from the obligations of the marriage, while those obligations remain binding upon the other party; (J) On the application of either party, when husband and wife have, without interruption for one year, lived separate and apart without cohabitation; (K) Incompatibility, unless denied by either party. Even if one of these causes is not readily applicable to your situation, but you still desire the termination of your marriage in Ohio, you should consult counsel. Competent counsel can review your particular fact pattern and identify whether or not Ohio would find your circumstances to support termination of marriage. If you are ready to move forward with that process, we ask you to consider using our services. You can reach us through the “Contact” link above. This is ADVERTISING MATERIAL ONLY. Disclaimer: All articles and blog posts are for informational purposes only. This information was current as of the date above. The information does not constitute legal advice and should not be relied upon as a substitute for hiring an attorney to review your specific legal issue. By reading this blog site you understand that there is no attorney-client relationship between you and The Fogelman Law Firm LLC. To form an attorney client relationship, you must contact us, appear for a consultation, and sign a retention agreement before this firm will represent you. The ending of a marriage impacts how you file taxes.
While we are a family law firm that handles dissolutions and divorces, and we do not practice tax law in any form, we do know there are a few issues you should discuss with your tax professional when filing taxes during a divorce. We want to highlight some of these items today. First, you will need to discuss your tax filing status with your tax professional. When we talk about “status,” we are referring to filing your taxes as “married filing jointly”, as “head of household”, or in another status. Second, you should identify what child tax credits are available to you and/or your spouse and decide who is eligible for taking which credits. Third, you should discuss what to do with any capital gains taxes triggered by the property distributions in the divorce. Fourth, the division of retirement assets should be considered to see if any tax implications arose from the transfer. Fifth, be sure to discuss child and spousal support to learn if your taxes are affected. Sixth, talk about how your family will handle itemized deductions, if you are taking them; and specifically, who is taking any mortgage interest deduction. Seventh, discuss your liability for any prior taxes owed and on any prior returns filed in the event of a possible audit. Eighth, agree upon how you will be divide any refunds issued by taxing authorities. These are some of the topics for discussion with your tax professional. But, remember, there could be more. Have a good discussion with your tax professional and make sure they at least cover these points above to ensure you are properly cared for when filing returns. Then, update your family law attorney with your findings and decisions so they are kept informed. This is ADVERTISING MATERIAL ONLY. Disclaimer: All articles and blog posts are for informational purposes only. This information was current as of the date above. The information does not constitute legal advice and should not be relied upon as a substitute for hiring an attorney to review your specific legal issue. By reading this blog site you understand that there is no attorney-client relationship between you and The Fogelman Law Firm LLC. To form an attorney client relationship, you must contact us, appear for a consultation, and sign a retention agreement before this firm will represent you. Ohio recognizes four ways to terminate a marriage under under the law.
First, a married couple can file a dissolution. A dissolution is a petition by the married couple to an Ohio court asking that it legally dissolve the marriage. Dissolutions are preferred by many couples because they are usually the quickest and least expensive method for terminating the marriage. Just as important, dissolutions also put the couple in charge of terms for terminating the marriage, rather than the court. The disadvantage to a dissolution is that it requires the married couple come to an agreement on the division of all marital property, parenting time with children, and any other issues that are related to the marriage. Second, a married couple can file a divorce. A divorce is a petition filed by one party in the marriage to an Ohio Court asking that it legally dissolve the marriage. Divorces are necessary if the couple cannot reach an absolute agreement on the division of all marital property, parenting time with children, and any other issues that are related to the marriage. Divorces generally take longer to complete than a dissolution and are often more expensive. The first two options are, by far and away, the most common ways to terminate a marriage in Ohio. The next two are only rarely used. A third option for terminating a marriage in Ohio is an annulment. Annulments are, like a divorce, filed by one party in the marriage to an Ohio Court asking that it legally dissolve the marriage. However, unlike a divorce or dissolution, annulments are only possible in very limited circumstances. The Fogelman Law Firm LLC recommends you seek competent counsel if considering a legal annulment. And, please note that a legal annulment, like the kind discussed in this article, is vastly different from a religious annulment that might be a process offered by your church or other house of worship. A fourth option related to the termination of a marriage in Ohio is a legal separation. Legal separations do not entirely terminate a marriage; instead it leaves the legal marriage intact, but divides all marital property, determines parenting time, and resolves any other marital matters. This option is chosen by some married couples who must retain their legal marriage for some reason, but wish to otherwise move forward between one another as if divorced. The process for terminating a marriage in Ohio is largely controlled by statute. Therefore, when you are ready to move forward with terminating a marriage, competent Ohio counsel can meet with you, inquire of your goals and personal circumstances, and provide a clear path to move forward with termination of the marriage. If you are ready to move forward with that process, we ask you to consider using our services. You can reach us through the “Contact” link above. This is ADVERTISING MATERIAL ONLY. Disclaimer: All articles and blog posts are for informational purposes only. This information was current as of the date above. The information does not constitute legal advice and should not be relied upon as a substitute for hiring an attorney to review your specific legal issue. By reading this blog site you understand that there is no attorney-client relationship between you and The Fogelman Law Firm LLC. To form an attorney client relationship, you must contact us, appear for a consultation, and sign a retention agreement before this firm will represent you. Divorce cases and post-divorce issues are complicated and emotional experiences. But, like all cases, the issues within your case are resolved in one of two straightforward ways: through a settlement between the parties or litigation over the issues. In a divorce, litigation nearly always involves a trial.
The big question during post-filing and pretrial discussions is always whether the parties should choose trial or settlement. Settlement is great, when it works in your favor. But sometimes settlement requires concessions that simply should not be made. In those cases, the benefits of trial should be carefully discussed and considered. Those without sufficient knowledge about family law believe that concessions only include issues related to giving up assets you might be entitled to, taking on responsibility for debts you are not liable for, or accepting less control over time and decisions for your children than you ought to have. But the decision to try an issue, rather than settle it also include lesser considered issues. Some of these issues are:
When considering all of these factors, among others, sometimes a compromise through settlement makes good sense. When it does not, though, it is important to be prepared to understand the issues above and move forward with trial. The divorce process in Ohio is controlled, in large part, by Ohio statute. Ohio statute also sets forth the residency requirements that dictate when Ohio can legally hear your divorce complaint.
A divorce can be resolved by agreement between the parties. However, if parties are unable to reach an agreement by themselves, they can try the their unresolved issue or issues to the court. The court will then issue an order that resolves the dispute between the parties and finalizes the divorce. There are several ways spouses might be able to separate in Ohio. Generally speaking, though, spouses turn to one of two ways to terminate their marriage: A divorce or a dissolution. See our blog posting on Ways to Legally Terminate your Marriage for additional information on the other ways to terminate a marriage.. Four issues are addressed in most divorces. First, and the issue that must be resolved in all cases, is division of marital property -- all marital assets and marital debts. Next, many marriages involve children, which adds two other broad issues for resolution: parenting time and child support. And, finally,spousal support must be addressed when terminating a marriage. Spouses must be thorough in addressing their issues during divorce to ensure everything is properly dealt with. Otherwise, the divorce case may need to be re-opened and begun again to address the missed issue or issues. Although, sometimes, missing an issue forever bars it from reconsideration by the court, which can have serious harm to the spouse. If you are ready to move forward with considering the divorce process, we ask you to consider using our services. You can reach us through the “Contact” link above. This is ADVERTISING MATERIAL ONLY. Disclaimer: All articles and blog posts are for informational purposes only. This information was current as of the date above. The information does not constitute legal advice and should not be relied upon as a substitute for hiring an attorney to review your specific legal issue. By reading this blog site you understand that there is no attorney-client relationship between you and The Fogelman Law Firm LLC. To form an attorney client relationship, you must contact us, appear for a consultation, and sign a retention agreement before this firm will represent you. A court has the power to award either spouse spousal support. Spousal support is referred to as alimony by some, though that term is rarely used in the current day in Ohio courts.
When courts consider awarding spousal support, they look at the factors identified in Ohio Revised Code 3105.18. These factors include the income of both spouses presently, in the past, and what each spouse is capable of making; the spouses’ mutual lifestyle; and other equitable factors. When support is awarded to one spouse, it usually comes with limitations. The most common limitation is one of time. Spousal support payments are often limited to a period of years, but you should contact an attorney for the specific estimate for your case. Spousal support can also terminate in other ways, including remarriage by the receiving spouse or the death of either ex-spouse. Ohio has no definite guideline on calculating spousal support. Rather the particular court’s discretion and the facts of each individual case dictate the outcome. This is ADVERTISING MATERIAL ONLY. Disclaimer: All articles and blog posts are for informational purposes only. This information was current as of the date above. The information does not constitute legal advice and should not be relied upon as a substitute for hiring an attorney to review your specific legal issue. By reading this blog site you understand that there is no attorney-client relationship between you and The Fogelman Law Firm LLC. To form an attorney client relationship, you must contact us, appear for a consultation, and sign a retention agreement before this firm will represent you. When your marital home has a mortgage that is not being paid, your mortgage lender will begin providing notice that your loan has fallen into default. And, if the default is not cured, the loan can be accelerated — that is, the entire balance due under the note and mortgage is demanded.
When you find yourself in this situation, you should act very quickly. As a first step, you should gather some information by considering the actual value of the home and the total amount owed to reinstate and to payoff the mortgage (these sums are different than your principal balance owed). Then, this information will help you decide whether you want to focus on “retention” or “liquidation.” Retention options focus on paying the loan current and keeping the home. Liquidation options focus on selling the home and paying off the debt. Your next step is to contact your mortgage lender to discuss y the options available to prevent a foreclosure. Sometimes, mortgage lenders offer no options other than a full reinstatement to bring the loan current or a full payoff of the entire debt. However, some lenders are willing to explore options that would allow you to cure the default. These options can include, but are not limited to: forbearance plans, repayment agreements, and loan modifications. In some cases, liquidation of the home is the only option. If you have a desirable home with more equity than debt, you can probably sell the home and payoff the loan. If that cannot happen, though, your mortgage lender might be willing to work with you on liquidation options. These options can include, but are not limited to: a deed in lieu of foreclosure, a short sale, or a consent to judgment with a deficiency waiver (or, forgiveness of the debt owed in exchanging for allowing the home’s foreclosure). Facing foreclosure during a divorce can be very challenging. It is important to work quickly with your lender to explore viable options. And, if you are uncomfortable, find counsel with experience in both divorce law and foreclosure law. This is ADVERTISING MATERIAL ONLY. Disclaimer: All articles and blog posts are for informational purposes only. This information was current as of the date above. The information does not constitute legal advice and should not be relied upon as a substitute for hiring an attorney to review your specific legal issue. By reading this blog site you understand that there is no attorney-client relationship between you and The Fogelman Law Firm LLC. To form an attorney client relationship, you must contact us, appear for a consultation, and sign a retention agreement before this firm will represent you. Divorce can be emotionally and financially challenging, especially if you are a business owner. You may be worried about the need to sell your business during property division or losing control of the company you built. Careful planning, though, may allow you to protect your business from your divorce.
1. Have a prenuptial or postnuptial agreement in place. It can help be helpful to discuss your expectations with your spouse, and by laying out those expectations in a legal document you can protect your business for the future. Whether you choose to use that agreement to establish that your business is separate property or to discuss what rights your spouse will have to the business, this agreement can make property division less stressful if your marriage ends. As Forbes notes, this can be especially important if you and your spouse have built your business on an equal partnership. If you cannot continue that partnership after the end of your marriage, a prenuptial or postnuptial agreement allows you to detail who will buy the other person’s share of the business 2. Keep your personal funds out of your business expenses. In Ohio, property is divided equitably but not necessarily equally. This means that the goal is to divide your marital property fairly. If you use marital property—assets acquired during your marriage and owned jointly, like a joint bank account—to pay for expenses in your business, it may be considered marital property as a result. 3. Keep in mind that you may need to negotiate if you get a divorce. If your business is considered marital property, you may need to make sacrifices to become its sole owner in the future. This could involve allowing your spouse to take ownership of other high-value assets like the family home in exchange for the business, or it could involve buying out your spouse in the future. With care, you can protect your business from divorce and continue building your company after the end of your marriage. This is ADVERTISING MATERIAL ONLY. Disclaimer: All articles and blog posts are for informational purposes only. This information was current as of the date above. The information does not constitute legal advice and should not be relied upon as a substitute for hiring an attorney to review your specific legal issue. By reading this blog site you understand that there is no attorney-client relationship between you and The Fogelman Law Firm LLC. To form an attorney client relationship, you must contact us, appear for a consultation, and sign a retention agreement before this firm will represent you. Division of most marital assets is easy: For instance, ex-spouses dividing a checking account can close the account, divide the money according to the court order, and then transfer it to their individual accounts. But, dividing the marital home is far more problematic.
First, spouses must transfer title to the home, which often involves retaining counsel. But, many forget that the home’s mortgage loan should be refinanced by the party retaining the home (if the final order calls for it, and it should). This is often difficult (or even, impossible) to accomplish when one spouse is trying to qualify for a mortgage on their own. Ex-spouses are usually quick to deed the property over to the spouse who is receiving the home and their lawyer usually handles the deed’s preparation and recording. However, the receiving party then applies for a home loan, only to find they do not qualify. Or, if they do qualify, the new loan comes with a much higher payment because the bank is taking on more risk with only one obligor. So the ex-spouse never actually follows through with the refinance – they just contact the mortgage company and ensure all mail goes to their address. Then, payments to the mortgage company continue and no one knows that this issue is lurking. Fast forward a year or two The ex-spouse in the home suffers an unexpected financial expense or a layoff from work. They miss a few mortgage payments, the mortgage loan is called due, and collection letters start going out — all to the party in the home, with you knowing nothing of the issue. Up next, a foreclosure is filed. You thought you were free of the mortgage until served with the foreclosure complaint seeking a six-figure judgment against you. What happened? When you signed the note and mortgage, you made a promise to repay a debt to the mortgage lender. So, absent paying off that loan or reaching a new agreement with your mortgage lender, your mortgage lender is entitled to expect you to repay the debt – with no consideration for the private agreement reached between you and your spouse in a divorce. In fact, your divorce decree is merely an order in place against the ex-spouse. The company that owns your mortgage is under no obligation to follow that court order, since they were very likely not party to the case and had no opportunity to protect their interest in your case. Therefore, your divorce order probably provides you no protection against foreclosure. The time to fix this issue is not when you receive the foreclosure complaint, but to tackle this issue immediately after divorce by ensuring your former spouse refinances the loan. After divorce, you should first execute and record the deed called for in your decree; that way, there will be no hurdles to your ex-spouse refinancing the mortgage loan. Next, your decree should state a specific time frame to complete, not start, the refinancing process. As soon as that time frame runs, you should obtain paperwork that evidences your original loan’s payoff or send a demand letter to your ex-spouse reminding them of their obligations. If the ex-spouse does not complete the refinancing, you should take immediate action by seeking relief from the court. And, if your ex-spouse simply cannot qualify for a loan, the property should immediately be sold. This is ADVERTISING MATERIAL ONLY. Disclaimer: All articles and blog posts are for informational purposes only. This information was current as of the date above. The information does not constitute legal advice and should not be relied upon as a substitute for hiring an attorney to review your specific legal issue. By reading this blog site you understand that there is no attorney-client relationship between you and The Fogelman Law Firm LLC. To form an attorney client relationship, you must contact us, appear for a consultation, and sign a retention agreement before this firm will represent you. The divorce process in Ohio is controlled, in large part, by Ohio statute. Ohio statute also sets forth the residency requirements that dictate when Ohio can legally hear your divorce complaint.
A divorce can be resolved by agreement between the parties. However, if parties are unable to reach an agreement by themselves, they can try their unresolved issue or issues to the court. The court will then issue an order that resolves the dispute between the parties and finalizes the divorce. There are several ways spouses might be able to separate in Ohio. Generally speaking, though, spouses turn to one of two ways to terminate their marriage: A divorce or a dissolution. See our article on Ways to Legally Terminate your Marriage for additional information on the other ways to terminate a marriage.. Four issues are addressed in most divorces. First, and the issue that must be resolved in all cases, is division of marital property — all marital assets and marital debts. Next, many marriages involve children, which adds two other broad issues for resolution: parenting time and child support. And, finally, spousal support must be addressed when terminating a marriage. Spouses must be thorough in addressing their issues during divorce to ensure everything is properly dealt with. If an issue is missed, the divorce case may need to be re-opened and begun again to address the missed issue or issues. Although, sometimes, missing an issue forever bars it from consideration by the court, which may cause serious harm. This is ADVERTISING MATERIAL ONLY. Disclaimer: All articles and blog posts are for informational purposes only. This information was current as of the date above. The information does not constitute legal advice and should not be relied upon as a substitute for hiring an attorney to review your specific legal issue. By reading this blog site you understand that there is no attorney-client relationship between you and The Fogelman Law Firm LLC. To form an attorney client relationship, you must contact us, appear for a consultation, and sign a retention agreement before this firm will represent you. Property division in a divorce first turns on identifying the marital property to be divided, because separate property should be retained by the spouse who originally owned it.
Do you understand the difference between marital property and separate property? Marital property as defined in Ohio Revised Code section 3105.171 is property owned by either or both spouses and property in which either spouse has an interest in the property that arose during the divorce. Separate property as defined in Ohio Revised Code section 3105.171 is real or personal property that was inherited, acquired by one spouse prior to the date of marriage, acquired after a decree of legal separation under Ohio Revised Code section 3107.17, excluded by a valid antenuptial agreement, compensation for personal injury, except for loss of marital earnings and compensation for expenses paid from marital assets, or any gift of property that was given to only one spouse. This is ADVERTISING MATERIAL ONLY. Disclaimer: All articles and blog posts are for informational purposes only. This information was current as of the date above. The information does not constitute legal advice and should not be relied upon as a substitute for hiring an attorney to review your specific legal issue. By reading this blog site you understand that there is no attorney-client relationship between you and The Fogelman Law Firm LLC. To form an attorney client relationship, you must contact us, appear for a consultation, and sign a retention agreement before this firm will represent you. HOW SHOULD YOU TELL YOUR CHILDREN ABOUT YOUR DIVORCE?While divorce is the best option for you and your ex-spouse, the idea of talking to your children about this choice may cause you to worry. Discussing this topic with your children does not have to be scary, since there are many ways to approach it with respect and understanding. BE OPEN TO DISCUSSIONSAccording to Psychology Today, some parents worry about their children not confiding their true feelings in them. Worries about where they are going to live or what the future looks like can be stressful for children, especially younger ones. In order to prevent this, encourage them to ask questions and talk with you about their inner thoughts. PICK YOUR WORDS CAREFULLYWhen breaking the news, take care to give a straightforward and respectful explanation for why you and your ex-spouse chose to divorce. While some children may be mature enough to handle parts of the truth, you do not need to discuss the more personal details or disagreements you two had. Keep the description child-appropriate and factual. EXPLAIN WHAT WILL NOT CHANGEChildren may only see the negatives in this situation, and may even blame themselves for somehow causing a divorce. Explain gently to them that this is not true, and make sure to spend extra time alone together doing activities that they enjoy.
This added support and bonding will help reassure them that you will always be there for them, whether they live at your residence or your ex-spouse’s. Divorce can be a tricky subject to talk about, but choosing your words carefully and taking time to reassure your children can help it go smoothly. This is ADVERTISING MATERIAL ONLY. Disclaimer: All articles and blog posts are for informational purposes only. This information was current as of the date above. The information does not constitute legal advice and should not be relied upon as a substitute for hiring an attorney to review your specific legal issue. By reading this blog site you understand that there is no attorney-client relationship between you and The Fogelman Law Firm LLC. To form an attorney client relationship, you must contact us, appear for a consultation, and sign a retention agreement before this firm will represent you. |
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