Has the US Divorce Rate Dropped to an All Time Low?

Has the US Divorce Rate Dropped to an All Time Low?
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Divorce Rate In The US Continues To Drop Amidst Covid Pandemic

divorce rate marriage pandemicThe American Community Survey data released from the census Bureau recently revealed that the divorce rate in the USA has hit a record low. According to the data, 14.9 out of every 1000 marriages ended in divorce which is the lowest rate in 50 years. It is projected, that even though we are in the midst of the pandemic, the drop of divorces is likely to continue. Lower divorce rates translate to longer marriages. The new Census Data, reports that the average marriage length has increased almost one year in the recent decade. In 2010 the mediation duration was 19 years, and the length has increased to 19.8 years in 2019.

Journalists have speculated that there is a rise in divorce as a result of the pandemic, and there have been many headlines declaring it true. However according to Brad Wilcox, a University of Virginia sociology professor and the director of the National Marriage Project at the university, this is simply not true. He was recently interviewed by UVA Today. Wilcox believes that the … Read More... “Has the US Divorce Rate Dropped to an All Time Low?”

My Divorce Timing – Should I File Now or Wait Until After the New Year?

My Divorce Timing – Should I File Now or Wait Until After the New Year?
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Covid-19 Pandemic Just One Of Many Factors That Lead To Divorce In 2020

divorce holidays

The timing of filing for a divorce can be a complicated decision. There are many factors to consider even in the normal Non-Covid times. But now there are even more factors to consider!

First off, in Ohio it is now too late to file a divorce or dissolution and get it finalized before the end of 2020. So, if that was your hope, you have missed that window of time.

I have been meeting with clients helping them formulate exit plans and discuss the timing options for filing their divorces. Here are some things to consider:

  1. Are You Safe?
     

    Needless to say, that the presence of domestic abuse is a huge factor to consider. If there is ongoing abuse, formulating an immediate ;escape plan’ should be a top priority. Figure out where you can move on a minute’s notice – perhaps temporarily stay with a family member, friend, co-worker, safe haven facility, or a church member? The existence of abuse may trump all the rest of the considerations mentioned below.

  2. COVID-19 Factors:
     
Read More... “My Divorce Timing – Should I File Now or Wait Until After the New Year?”

Blast From The Past: WHAT’S THE DIFFERENCE BETWEEN A DISSOLUTION AND DIVORCE IN OHIO?

Blast From The Past: WHAT’S THE DIFFERENCE BETWEEN A DISSOLUTION AND DIVORCE IN OHIO?
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PUBLISHER’S NOTE: This blog on the differences between dissolution and divorce in Ohio from April 21, 2018, is as meaningful today as it was when we originally posted several years ago. We have a ton of interesting articles in our archives of the Ohio Family Law Blog. Use our Search tool and enjoy a few oldie but goodies!

Marriages In Ohio Can Be Ended In One Of Two Ways, Dissolution Or By Divorce

Ohio dissolution divorce differenceA dissolution and divorce in Ohio is different than most states. In most states, those terms can be used synonymously, but they are alternate proceedings with different statutory regulations in Ohio. Marriages in Ohio can be ended in one of two ways – by divorce or by dissolution.

Dissolution

A dissolution proceeding is the quickest and easiest of the two methods to terminate your marriage, but in order to proceed with a dissolution there are certain considerations that must be met. Primarily, there must be a total and full agreement signed by both parties as to ALL terms of the dissolution. This means that both parties have to have a full agreement on all … Read More... “Blast From The Past: WHAT’S THE DIFFERENCE BETWEEN A DISSOLUTION AND DIVORCE IN OHIO?”

LEGAL ALERT: Need Money? The CARES Act Changed the Rules about 401(k) Withdrawals through Year End

LEGAL ALERT: Need Money? The CARES Act Changed the Rules about 401(k) Withdrawals through Year End
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New CARES Act Provision Allows Early Retirement Money Withdrawl From Retirement Account Without Penality During COVID-19 Pandemic

covid-19 money retirement cares act

Are you aware that the CARES Act  made significant changes to the rules about withdrawing money from accounts? If COVID-19 and the pandemic has created an extreme hardship on your financial situation, you MAY have an option that you have not yet considered – but only through the end of 2020. Not many Americans have taken advantage of this new provision thus far.

As you may know, the general rule was that, you couldn’t take money out of your retirement accounts before you were 59 1/2 without incurring an “early withdrawal” charge or penalty. That 10% tax penalty was included by the IRS to discourage folks from taking money  out of their retirements early.

CARES Act Changes:

  1. If you meet the criteria, you may withdraw up to $100,000 per person from certain qualifying retirement  accounts without owing the 10% penalty. NOTE: This does NOT waive income tax owed on the withdrawal amount.
  2. You may ONLY withdraw the amount needed to overcome a specific group of defined hardships
Read More... “LEGAL ALERT: Need Money? The CARES Act Changed the Rules about 401(k) Withdrawals through Year End”

2020 End of Year Estate Planning Thoughts

2020 End of Year Estate Planning Thoughts
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End Of Year: Don’t Forget To Review Your Estate Planning Documents! [REMINDER]

estate planning tax law changes assets gift tax exemptionThe end of the year is soon approaching. As with any election year and a change in presidency, there is some uncertainty as to what the near future holds in terms of estate planning and tax law changes. There are also things that should be reviewed on a regular basis regardless of the political climate.

In every calendar year, one can gift up to $15,000 to any other individual without having to file a gift tax return or use any of one’s estate tax/gift tax exemption. A married couple can gift up to $30,000. Should one wish to reduce his or her taxable estate or begin passing on wealth to the next generation, it would be wise to make gifts before the year has ended and this year’s annual exclusion is wasted.

Now is also a good time to review one’s estate planning  documents and how one’s assets are titled. Are beneficiary designation still appropriate? The SECURE Act which was recently passed has reduced the time period for non-spouses to take designations … Read More... “2020 End of Year Estate Planning Thoughts”

If You Owe Support, You May be Denied a Passport!

If You Owe Support, You May be Denied a Passport!
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What Can I Do If I Am Ineligible For A U.S. Passport Due To Unpaid Child Support?

passport denial program child supportThe Passport Denial Program  is a federal enforcement tool, codified in Ohio law, which is designed to bring obligors who are in legal default on their support obligations back into compliance.

If you owe $2,500 or more in child support, spousal support for the parent with whom the child is living, or medical support, then you will not be eligible to receive a U.S. passport and will be placed on the Passport Denial list .

What do I do if I have already applied for my passport and my passport application has been denied?

If you have already attempted to apply for a passport, you will need to make arrangements to pay your support arrears. Once you make arrangements to pay your support arrears, then the state agency in which you paid the arrears to will report to the U.S. Department of Health and Human Services (“HHS”) that you have made acceptable payment arrangements.

HHS will then remove your name from their list and report this information to … Read More... “If You Owe Support, You May be Denied a Passport!”

The Value and Benefits of Signing a Consent Agreement in an Ohio Domestic Violence Case

The Value and Benefits of Signing a Consent Agreement in an Ohio Domestic Violence Case
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What is a Consent Agreement in a Civil Protection Order (CPO)?

consent agreement domestic violence protection orderA Consent agreement in a civil protection order occurs when the parties agree upon the terms of the protection order. If the parties are able to agree upon the terms of the protection order , then there is no need for a finding of domestic violence nor is there a place in the Consent Agreement form to include a finding of facts. In a Consent Agreement , the accused is not admitting or denying that an act of violence ever occurred. The accused is simply agreeing to follow the terms of the civil protection order. Typically, one of those terms is that the respondent agrees to stay away from the petitioner.

What are the advantages of signing a Consent Agreement?

There are many benefits to signing a Consent Agreement.

For the Respondent, signing a Consent Agreement could be extremely appealing because then the Respondent does not have to admit or deny the allegations. The Respondent can avoid having to testify and can avoid having his or her character attacked at a hearing. Further, the Respondent … Read More... “The Value and Benefits of Signing a Consent Agreement in an Ohio Domestic Violence Case”

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