Divorce and Your Mortgage Interest Tax Deduction

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

divorce mortgage interest tax deductionIn 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.

There are two types of deduction schedules you’re able to file, an itemized or a standard deduction.  It only makes sense to file an itemized deduction only if your deductions exceed your standard allowance, which in 2013 reached $6,100 for an individual filing as a … Read More... “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

divorce service of processWhen 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.  The Process Server then notifies the Court that personal service of the Defendant has been completed or accomplished.  What are the qualifications of a Process Server?  The person must be eighteen (18) years or older, not a party to the case, and appointed by
… Read More... “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

divorceOn 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.  Months and/or years after divorce has been finalized, the parties are still returning to Court to resolve unsettled issues relating to support, visitation, selection of schools, selection of treating physicians, payment of medical expenses, payment of extracurricular expenses, etc. These cases often … Read More... “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

divorceInterestingly, 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.  Meaning the better the economy the more divorces we see.  This is often associated with the expenses that a divorce can cost, illustrating that couples often hold on through a rough financial time until they’re able to split.  … Read More... “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?

divorce limited representationWhen 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.  According to the ORPC 1.2, an attorney and client may limit the scope of the attorney’s representation given that the limitations are “reasonable.”

The “reasonableness” factor … Read More... “Divorce Matters in Ohio: Limited Representation”

Divorce: Not a Do-It-Yourself Project

Tips On How To Move Ahead In Divorce

Help And Support From Professionals Key To Moving Forward In Divorce

divorceFrequently, people who are unhappy in their marriages wait until after the holiday season to move ahead with the dissolution of their marriage.  If you are one of those folks who have made this decision, you know it is not easy to make that first move.  Sometimes people struggle for years in unhappy relationships before they decide it is time to end the marriage.

How to move ahead?  Find a good lawyer and therapist.  They will be part of your team as you begin the arduous process of untangling your marriage.  These professionals will help and support you through the process – making sure that when your divorce is final, you are as secure as you can be – both emotionally and legally.

No doubt about it – divorce is a major life changing decision.  It is a stressful time – you, your spouse and your children will be impacted emotionally, financially, practically and legally.

So, it is surprising when so many couples decide to proceed with the legal uncoupling without legal counsel!  Here are some reasons people choose to represent … Read More... “Divorce: Not a Do-It-Yourself Project”

Divorce in Ohio: Can the Court Order an Unequal Property Division?

Might You Be Entitled to a Distributive Award of Property in Your Divorce Case?

divorceWhat Constitutes Normal Property Division in a Divorce?

When a divorce occurs, property and assets are to be split equitably by the Court which typically involves a 50/50 split.  This approach generally covers all property obtained during the marriage.  This is true regardless of the basis (or grounds) for the break-up of the marriage.

What Happens if One Spouse Commits Financial Misconduct?

Unfortunately, sometimes a party anticipating a divorce will commit acts of fraud, concealment or transfer property to avoid dividing any assets. When this type of conduct occurs and it can be sufficiently proven, courts may order an unequal division of property and issue a “distributive award”.  The courts are given broad discretion in deciding how to separate the assets, and this discretion is given significant deference on review by appellate courts.

Statutory Definition Regarding Property Division in a Divorce:

ORC 3105.171 states that in a divorce or dissolution:

“(3) The court shall require each spouse to disclose in a full and complete manner all marital property, separate property, and other assets, debts, income, and expenses of the spouse.”

The statute clearly states a very … Read More... “Divorce in Ohio: Can the Court Order an Unequal Property Division?”

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