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The House passed legislation Wednesday evening reviving a number of tax breaks, including the enhanced Child Tax Credit, the ability to fully deduct research and development expenses in the first year, 100% bonus depreciation, disaster tax relief, improvements in the Low Income Housing Tax Credit, interest expensing and a tax agreement with Taiwan. The bill now moves over to the Senate, where passage remains uncertain.

House Speaker Mike Johnson, R-Louisiana, allowed a vote on the $78 billion bill, known as the Tax Relief for American Families and Workers Act, after promising Republicans in blue states a vote next week on a separate measure to raise the $10,000 cap on state and local tax deductions from the Tax Cuts and Jobs Act. The package was passed by the House by a bipartisan vote of 357 to 70. Voting in favor of the bill were 188 Democrats and 169 Republicans.

Child Tax Credit 

Democrats had hoped for a more robust version of the enhanced Child Tax Credit like the one included in American Rescue Plan Act of 2021, but it promises to help low-income families dealing with inflation.  “This package remains flawed in many ways, and I’ve been disappointed by the lack of Republican willingness to make improvements that will better support families most in need,” said Rep. Suzan DelBene, D-Washington, in a statement. “However, I am not one to let the perfect be the enemy of the good. This package will provide greater relief to families, incentives to build more affordable housing, and reduce double taxation on American and Taiwanese businesses and workers.”

The U.S. Capitol through trees

An advocacy group, the National Parents Union, said the legislation would still be a help. 

“Tonight, the House of Representatives passed a bipartisan tax package with American families in mind,” said Ariel Taylor Smith, senior director of the NPU Center for Policy & Action, in a statement. “The inclusion of an expanded Child Tax Credit in the Tax Relief for American Families and Workers Act of 2024 will provide relief for millions of hard-working families across the country.”

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The bill would index the Child Tax Credit to inflation, while keeping in place work requirements. It would incrementally increase the refundable portion of the tax credit for 2023, 2024 and 2025. There is flexibility for taxpayers to use either current- or prior-year income to calculate the Child Tax Credit in 2024 or 2025.

“Today the House garnered enough votes to pass bipartisan tax legislation that pairs business breaks with an expansion of the Child Tax Credit,” said Rema Serafi, vice chair of tax at KPMG LLP, in a statement. “Now, the big question that remains is what the Senate will do with the bill. While there is no guarantee yet that it will become law, companies are holding their breath. If passed, the bill would be retroactive two-plus years and would likely result in many having to amend tax returns or quickly determine how to account for the bill.”

It will be up to the Senate to pass the bill, but the measure has already attracted some opposition in the narrowly divided chamber.

“It’s pretty much now or never for the Tax Relief for American Families and Workers Act of 2024,” said Kasey Pittman, tax policy director of Baker Tilly’s Washington Tax Council, in a statement. “Many provisions contained in this bill are retroactive, affecting 2023 and, in some cases, 2022 tax years, which gives the Senate a very tight window to pass this legislation in its current form.”

“Any significant delay would make the implementation extremely difficult,” Pittman added. “While the resounding bipartisan vote in the House certainly puts pressure on the Senate to pass the compromise quickly, passage remains far from certain. The changes being made to the Child Tax Credit are relatively modest; however, they are expected to have a substantial impact on low-income families, who may see an increase in their refunds. The ‘trio’ of business provisions that would alter the treatment of business interest expense, bonus depreciation and research and experimental costs are significant for business owners. The business interest provision will provide some relief to companies who have experienced not only reduced deductibility under current law, but a rapid increase in interest rates over the last couple years.”

Affordable housing

The package includes measures pushed by advocates to address the shortage of affordable housing, restoring a 12.5% allocation increase to the Low Income Housing Tax Credit that expired at the end of 2021, and reducing from 50% to 30% the amount of private activity bond financing required to access the 4% LIHTC.

“We are encouraged by the decisive bipartisan support in the House for tax legislation that would make the most meaningful dent in our nation’s affordable housing crisis in over two decades,” said Emily Cadik, CEO of the Affordable Housing Tax Credit Coalition, in a statement. “The Low-Income Housing Tax Credit provisions in the Tax Relief for American Families and Workers Act of 2024 would finance over 200,000 affordable homes that are shovel ready, and we encourage the Senate to move quickly to advance this bipartisan legislation.”

If the bill passes in the narrowly divided Senate, the IRS will need to implement measures like the expanded Child Tax Credit quickly.

“The IRS has confirmed that it will be able to process changes to people’s tax refunds quickly, in approximately six weeks,” said Sen. Ron Wyden, D-Oregon, chairman of the Senate Finance Committee, in a statement. “Taxpayers who send their returns to the IRS early in filing season will not need to file amended returns — the IRS will send them their additional refund automatically. That’s due to improvements to its back-end systems funded by The Inflation Reduction Act. That’s great news because this is a rare opportunity in a deeply divided Congress to help a lot of families and kids who are struggling to get by, and Democrats don’t want those kids to have to wait any longer.”

He pointed optimistically to the strong vote in the House, which bodes well for the action moving over to the Senate. He plans to work with Senate Majority Leader Chuck Schumer, D-New York, and other Senate colleagues on both sides of the aisle to get the passed.

Wyden worked with Rep. Jason Smith, R-Missouri, who chairs the tax-writing House Ways and Means Committee, on the package. 

“The Tax Relief for American Families and Workers Act is pro-growth, pro-jobs, and pro-America,” Smith said Wednesday afternoon. “This legislation locks in $600 billion in pro-growth tax policies by restoring three key provisions from President Trump’s successful 2017 tax reform that have a proven record of creating millions of jobs, raising workers’ wages, and sparking more investment and economic growth here at home. This bill restores full R&D expensing, interest deductibility and 100% expensing. Each of these policies will help American businesses grow, create jobs and sharpen their competitive advantage against China.”

He predicted the bill would create over $70 billion in new R&D investment and over 900,000 new jobs; increase small business investment by $400 billion, and generate $58 billion in additional take-home pay for American workers.

He noted that the Child Tax Credit provisions reflect the same structure established by the Tax Cuts and Jobs Act of 2017. “We maintain work requirements while enhancing the benefit to support families crushed by today’s inflation and remove the penalty for families with multiple children. It’s both pro-work and pro-family,” said Smith. “The reforms include meaningful tax relief for those affected by natural and man-made disasters and encourage more construction of safe, affordable housing.” 

The cost of the bill is paid for by ending the fraud-plagued Employee Retention Credit on Jan. 31. “At the end of the day, we are replacing bad tax policy with good tax policy by cutting off funding for the employee retention tax credit — a COVID-era program that costs six times its original amount and is so riddled with fraud, that the IRS put it on its “dirty dozen” list of the worst scams in America,” said Smith. “This will save American taxpayers over $75 billion.”

Business tax breaks

The bill enjoyed wide support from business groups and passage in the House was praised by groups like the National Retail Federation and the National Association of Manufacturers. 

The bill would allow businesses of all sizes to immediately deduct the cost of their U.S.-based R&D investments instead of over five years. It also would restore full and immediate expensing for investments in machines, equipment and vehicles. It would increase the amount of investment that a small business can immediately write off to $1.29 million, an increase above the $1 million cap enacted in 2017. It would adjust the reporting threshold for businesses that use subcontract labor from $600 to $1,000 and index for inflation, the first update to the threshold since the 1950s. It would also remove the current double taxation structure for businesses and workers with a footprint in both the United States and Taiwan. The bill would also provide disaster tax relief for recent hurricanes, flooding, wildfires, and the Ohio rail disaster.

“The reinstated full expensing for equipment and machinery purchases will enable retailers to modernize their infrastructure, adapt to changing consumer trends and stay competitive in an evolving market landscape,” said NRF senior vice president of government relations David French in a statement. “The more sensible business interest deduction will ease financial burdens on retailers and will create a more resilient retail ecosystem.”

Groups will be lobbying the Senate to push the bill over the finish line. “Manufacturers are now counting on the Senate to act quickly to restore these provisions that are absolutely critical to strengthening America’s competitiveness and growth of manufacturing in America,” said National Association of Manufacturers president and CEO Jay Timmons in a statement. “We cannot afford to wait. The cost of delay or inaction will be measured in lost jobs and slower wage growth, along with investment ceded to other countries. Passing this legislation, however, will ensure that small manufacturers, who are the backbone of communities and foundation of America’s supply chain, can continue driving our nation forward.”

Michael Cohn

Editor-In-Chief, AccountingToday.Com

As originally seen on: “https://www.accountingtoday.com/news/house-passes-tax-extenders-bill-expanding-child-tax-credit-and-business-breaks?position=editorial_1&campaignname=V2_ACT_TaxProToday_20210503-02012024&utm_source=newsletter&utm_medium=email&utm_campaign=V2_ACT_TaxProToday_20210503%2B%27-%27%2B02012024&bt_ee=WwgGPTsPrFe5PYd02juUP5fV5my9g42jDRgk%2BoPMSPj5cyOU4RNUFsAM5i2yQDxc&bt_ts=1706807510393”

Nobody gets married expecting to get divorced one day. Rarely do wedding speeches begin with, “I give this ten years, tops.” And newlyweds don’t spend time on their honeymoon writing down who bought which souvenir on their trip, in the event they have to divide their belongings in a few years. 

Because of this general principal, and because of a few other public policy reasons, Ohio law has prohibited married folks from entering into what’s known as a “post-nuptial agreement” that divides the couples’ assets in the event of a divorce. However, with the Governor signing Senate Bill 210 into law, all that has changed. Now, Ohio Revised Code §3103.06(A)(1) states that a husband and wife may…”enter into a postnuptial agreement that alters their legal relations with each other.” 

All this means is that now, if you did not enter into a pre-nuptial agreement with your spouse that outlines the division of your assets in the event you divorce, you are free to enter into that kind of agreement after you say “I do.” 

This may come across as a legislature who is pessimistic about marriage, but figuring out who gets what in the (however unlikely) event that your marriage ends in divorce before you reach the boiling point can be practical in many ways. 

First and foremost, when you are dealing with a divorce, oftentimes the last thing you want to think about is stuff. After all, you are going through one of the most stressful things a person can go through, and it is a perfectly normal reaction to be completely caught off-guard when your divorce attorney asks you who you think should get the lawnmower. 

But going through your stuff is also what can take the longest in a divorce and end up ultimately costing you more in attorney’s fees. The more you and your spouse haggle over who should get the blue saltshaker, the higher your divorce attorney’s bill will climb. Save that effort for what really matters in the long run – division of retirement accounts, tax issues, and most importantly, issues surrounding your children. 

Because what a post-nuptial agreement really is, at the end of the day, is an agreement about things: property and support. It does not establish custody, it does not set a parenting time schedule, it does not touch upon the millions of tiny details that go into crafting a solid separation agreement and parenting plan. But it does lighten your burden, and your divorce attorney’s bill, in the event you do have to legally terminate your marriage. 

Our Franklin County-based law firm is well-versed in post-nuptial agreements, especially in high-asset matters. Our attorneys are familiar with what the Ohio Revised Code requires in these post-nuptial agreements and are ready to make sure that before you sign that dotted line, you are protected. 
If you have questions about what this bill could mean for you, or if you want to talk to one of our experienced family-law attorneys about anything from a dissolution to a divorce, give us a call and set up a free thirty-minute consultation. Our attorneys have experience all across Ohio, from Franklin, Delaware, and even Cuyahoga County. Visit our website today to make sure you have the best team in your corner. 

In today’s digital age, our lives have become deeply intertwined with social media. From Facebook updates and Instagram posts to LinkedIn profiles and Twitter threads, our digital footprint is vast and, often, very public. However, in the throes of a divorce, your online presence may become a minefield. This article seeks to guide those in Columbus, Ohio, going through the legal implications of divorce, offering tips to protect your digital life and maintain your privacy.

Think Before You Post

It’s crucial to remember that in the age of digital information, anything you put out there in the public sphere – especially on social media platforms – can, and likely will, be used against you in the divorce process. Social media has a long memory and an extensive reach. A seemingly innocuous post or comment can potentially be interpreted in a way that might not reflect favorably on you. It’s not just about contentious posts either. Even posts that depict a lavish lifestyle or a new romantic relationship can significantly impact your divorce proceedings, potentially influencing judgements on alimony, child support, and even custody arrangements. Consequently, a cautious approach is key. Think twice before you post, tweet, or share. Better yet, consider reducing your social media activity, or even taking a hiatus, while your divorce is ongoing. Privacy is a valuable asset during this sensitive time, so it’s wise to err on the side of discretion.

Privacy Settings

Review your social media platform’s privacy settings and ensure they are set to the highest level of privacy. Limit who can see your posts and consider turning off location tagging. Remember, just because your settings are private doesn’t mean your content can’t be shared, so still exercise caution.

Change Passwords

As soon as possible, change all your passwords. Your spouse may know or be able to guess your passwords and gain access to your private information. This includes not only your social media but also your email accounts, online banking, and any other platforms containing sensitive information.

Keep Your Divorce Offline

Avoid discussing your divorce proceedings online. Sharing details, venting frustrations, or expressing hurt or anger can exacerbate tensions and potentially affect your case. Not everything needs to be aired publicly. If you need to vent, consider talking to a trusted friend or therapist offline.

Respect Legal Boundaries

Never use social media to stalk, harass, or spread harmful information about your ex-spouse. Not only is it harmful and damaging, but it can also lead to legal consequences. Respect their privacy, and ensure your conduct is always above board.

The Internet Never Forgets

Remember, the internet has a long memory. Deleting posts doesn’t necessarily mean they’re gone forever. Screenshots can be taken, and data recovery is possible. Assume that anything you post could potentially be found and used in court.

Seek Legal Advice

If you’re unsure about what’s acceptable to post or how to protect your digital privacy, consult with a professional. An experienced divorce attorney can provide invaluable advice tailored to your specific circumstances.

At the Law Office of Dmitriy Borshchak, we understand the complexities of divorce in the digital age. Our dedicated team is ready to help you navigate these challenges, ensuring you’re well-prepared and informed at every stage of your divorce. If you need legal assistance or have questions about your digital life during divorce, feel free to reach out to us at 614-334-6851.

In conclusion, it’s important to remember that social media is a tool. Like any tool, it can be beneficial when used correctly or harmful when misused. During a divorce, taking the time to manage and protect your digital life can save you from potential pitfalls and unwanted surprises. Stay informed, be mindful of your online presence, and when in doubt, seek professional advice. Your digital life doesn’t have to be another casualty of divorce.

The process of divorce can be emotionally taxing and logistically complex. Being prepared can help you navigate this difficult journey with more confidence and ease. Here in Columbus, Ohio, our legal team at the Law Office of Dmitriy Borshchak often advises clients to start the process by getting organized. Here’s a practical checklist that you can use to streamline your divorce proceedings and ensure you’re armed with all the necessary information and documents. 

If you have children, pay special attention to point #7 below.

1. Gather Financial Documents

The first step is to assemble all your financial records. This will aid in understanding your financial situation and help your lawyer give you the best advice. This documentation includes, but is not limited to child-related expenses, or any documentation that could be relevant to custody and/or child support. Here are a few examples below:

  • Bank statements
  • Credit card statements
  • Mortgage documents
  • Tax returns
  • Pay stubs
  • Investment statements
  • Other assets or liabilities

2. Records of Marital Property

In Ohio, marital property (all assets and debts accumulated during the marriage) is generally divided equitably during a divorce. Make a list of these properties, including real estate, vehicles, valuable collections, electronics, furniture, etc.

  • Real estate
  • Vehicles
  • Valuable collections
  • Electronics
  • Furniture

3. Keep Track of Separate Property

Not all property is marital property. Items that you owned before the marriage or received as an individual gift or inheritance during the marriage are usually considered separate property. Make sure to identify and provide evidence for any separate property you own.

  • Items owned before the marriage
  • Gifts received individually during the marriage
  • Inherited property

4. Understand Your Income and Expenses

Compile a comprehensive list of your monthly income and expenses. This will be vital when determining child support, alimony, or even your post-divorce budget. Include everything from rent and utilities to groceries, child care expenses, and discretionary spending.

  • Monthly income details
  • Monthly expenses: Rent, utilities, groceries, child care, discretionary spending

5. List all Credit Cards and Loans

Understanding your debt is as crucial as knowing your assets. List out all joint and separate credit cards, mortgages, auto loans, personal loans, and any other debts. Obtain the most recent statements for each.

  • Joint and separate credit cards
  • Mortgages
  • Auto loans
  • Personal loans
  • Other debts

6. Prepare a List of Questions for Your Attorney

Going into a meeting with your attorney with a prepared list of questions can save you both time and stress. This could include questions about the divorce process, how assets might be divided, potential custody arrangements, and what you can expect in terms of fees and timelines.

7. ***Critical – Develop a Plan for Living Arrangements***

Think about where you and your spouse will live during the divorce proceedings and afterwards. If you have children, consider how these arrangements will affect them. An essential aspect to consider when preparing for divorce is your future living arrangements. 

This not only involves deciding whether you’ll stay in your current home or move elsewhere, but also entails planning out logistics such as moving costs, potential rent or mortgage payments, and adjusting to changes in your lifestyle. 

If you have children, consider how this move will impact them and whether a potential new location is conveniently close to their school or other amenities. Also, consider the implications on any joint mortgage or rental agreement you may currently have with your spouse.

8. Set Up Your Own Mailbox

It’s essential to establish a private and secure way to receive mail. Consider setting up a P.O. box or use a trusted friend or family member’s address for sensitive divorce-related mail.

9. Business Division: What Documents Do You Need?

If you or your spouse own a business, its division can add another layer of complexity to your divorce proceedings. However, getting organized and knowing which documents you need can help streamline the process.

To start, gather all documents related to the business’s ownership and value. This includes business tax returns, profit and loss statements, balance sheets, and cash flow statements from the past three to five years. Having a clear picture of the business’s financial health is crucial for determining its value.

Next, identify the documents that outline the business’s structure and ownership, such as partnership agreements, shareholder agreements, or articles of incorporation. These documents can provide insight into the nature of the business, how it’s managed, and how ownership is divided.

You should also compile any contracts or agreements the business has entered into. This includes leases, vendor contracts, and customer agreements. These documents can impact the business’s future profitability and, thus, its valuation.

Lastly, if the business has employees, gather all payroll records, employment contracts, and benefit plans. These documents can provide insight into the business’s operational costs and obligations.

10. Secure Legal Representation

Once you’ve gathered all necessary documentation, it’s time to secure legal representation. A knowledgeable divorce attorney can guide you through the complexities of Ohio’s divorce laws and help protect your interests.

11. Practice Self-Care

Lastly, but just as importantly, take care of yourself. Divorce is stressful. Regular exercise, a healthy diet, adequate sleep, and emotional support from friends, family, or a therapist can help you navigate this challenging time with resilience.

  • Regular exercise
  • Healthy diet
  • Adequate sleep
  • Emotional support from friends, family, or a therapist

Remember, every divorce is unique, and this list is a starting point. Depending on your situation, there may be additional considerations. For personalized advice tailored to your circumstances, reach out to an experienced Ohio divorce attorney like Dmitriy Borshchak. If you have questions or need assistance with your divorce preparation, the Law Office of Dmitriy Borshchak at 614-334-6851 is ready to help guide you through this process. You don’t have to navigate this alone; professional help is available.

If you’re considering divorce in Columbus, Ohio, one of the most common questions you might have is, “How long will the process take?” The duration of a divorce process can depend on numerous factors, including whether the divorce is contested, the complexity of the issues involved, and how quickly both parties can reach an agreement.

Ohio Divorce Laws

In Ohio, you or your spouse must have been a resident of the state for at least six months before you can file for divorce. Once the divorce has been filed and served to the other party, the recipient has 28 days to respond. If the recipient fails to respond within this time, the divorce could proceed as an uncontested divorce.

Uncontested Divorce

In an uncontested divorce, where both parties are in agreement on all terms, the divorce process can be relatively quick. Ohio law mandates a minimum waiting period of 30 days from the time the divorce is filed until it can be finalized. In a best-case scenario, where all paperwork is correctly filed, and no issues arise, the process can be completed within two to three months. However, it’s essential to understand that these timelines can vary depending on individual circumstances and court schedules.

Contested Divorce

A contested divorce, on the other hand, where spouses cannot agree on the terms of their separation, can be significantly more complicated and time-consuming. If your divorce is contested, you’ll need to go through a series of legal steps, including discovery, possible negotiation processes such as mediation, and potentially a court trial. This process can take anywhere from 9 months to 2 years, depending on the complexity of the case and the degree of disagreement between the parties.

Factors that May Influence the Divorce Timeline

Several factors can prolong the divorce process. These include but are not limited to:

  1. Child Custody and Support: If you and your spouse have minor children, agreeing on a parenting plan and child support can often be a complex and emotional process.
  2. Division of Property: Determining how to equitably divide marital property and debts can be a significant point of contention. High-value assets or complex financial situations can further complicate this process.
  3. Business Assets: Divorce proceedings can be significantly complicated when they involve businesses, especially larger ones, as these assets can be complex to divide. With more significant business assets, the process of valuation becomes more intricate, potentially involving multiple experts and a detailed analysis of financial documents, intellectual property, and other components. Consequently, the bigger and more intricate the business, the more time-consuming the process is likely to be, extending the duration of the divorce. Furthermore, if the case involves the additional complexity of custodial evaluation or psychological examinations, the duration will be even more extended. These evaluations often require extensive time and involve multiple appointments, interviews, and report writing, adding another layer of complexity. 
  4. Spousal Support: If one party seeks spousal support (alimony), determining the appropriate amount and duration can be a complex matter, requiring careful analysis of each party’s financial circumstances.
  5. Court Schedules and Delays: The court’s calendar can also influence the timeline. Unexpected delays can arise, including those caused by public holidays, and courthouse staffing levels.

The Role of a Divorce Attorney

A qualified divorce attorney can provide invaluable assistance in navigating these complexities and expediting the process where possible. They can offer strategic advice, prepare and review necessary paperwork, represent you in court, and work diligently to protect your interests.

Conclusion

While the timeline for divorce in Columbus, Ohio, can vary greatly depending on the specifics of your situation, understanding the general process and potential complications can help prepare you for what lies ahead. Remember, each divorce is unique, and it’s essential to seek personalized advice tailored to your circumstances. While it might be tempting to rush the process, it’s also crucial to remember that the decisions made during your divorce can have lasting impacts on your life. Therefore, taking the necessary time to ensure all matters are handled correctly and in your best interest is invaluable. Consulting with an experienced divorce attorney from the Law Office of Dmitriy Borshchak can provide the guidance and support needed during this challenging time.

divorce lawyer Columbus OH

The end of a marriage, undoubtedly, ushers in a period of emotional upheaval and considerable uncertainty. The circumstances leading to this junction are complex and unique for every individual. Now, more than ever, it is imperative to have the right legal counsel to assist you. This poses an important question – how does one identify a suitable divorce attorney in the vast legal landscape of Columbus, Ohio? The task may appear daunting, but with careful deliberation and the right approach, it can be effectively accomplished.

1. Define Your Divorce Procedure

The first logical step in this process is to understand which type of divorce procedure applies to your specific situation. Be it mediation, litigation, a collaborative divorce, or a straightforward, uncontested divorce, the type you choose will significantly influence your choice of attorney.

2. Identify the Legal Services Required

Just as divorces can vary in complexity, so too can the capabilities of divorce attorneys. For complicated cases involving considerable assets, business ownerships, or contentious child custody matters, a large, experienced law firm might be necessary. Conversely, if the divorce is relatively uncomplicated, a competent sole practitioner could be adequate. It is crucial to evaluate your circumstances accurately and select an attorney accordingly.

3. Conduct Comprehensive Research

When investigating potential lawyers, meticulousness is vital. Utilize online resources, peruse attorney reviews, and consider recommendations from your social circle. Pay particular attention to the attorney’s area of expertise, the length and breadth of their experience, and their reputation within the Columbus, Ohio, legal community.

4. Consider the Attorney’s Experience and Local Knowledge

The field of divorce law is expansive, with a multitude of potential complications. An attorney well-versed in this field and knowledgeable about the specific workings of the Columbus courts and judges is invaluable. They will possess a clear understanding of the nuances of Ohio law and how local procedures may impact your case.

5. Schedule Initial Consultations

Upon creating a shortlist of potential attorneys, arrange initial consultations. These sessions provide an excellent opportunity to gauge the attorney’s communication style, level of interest in your case, and to ask pertinent questions about their experience, proposed strategy, and fees.

6. Evaluate Communication Efficiency

Your attorney must be readily accessible and responsive. As they are entrusted with managing a crucial aspect of your life, if they fail to respond promptly during the initial stages, it could foreshadow future communication challenges.

7. Trust Your Instincts

Despite seeming slightly unscientific, trusting your instincts is quite important. It is essential to feel comfortable discussing personal details of your marriage with your lawyer. If you feel uneasy or doubtful during the initial consultation, this attorney may not be the best fit for you.

8. Compare Legal Costs

Finally, consider the financial implications. The fees charged by a divorce attorney do not necessarily reflect the quality of services provided. Endeavor to find an attorney whose fees align with your budget, without compromising on the level of legal support required. A more expensive attorney could be a wise investment if they can negotiate a more favorable divorce settlement. Selecting the right divorce attorney in Columbus, Ohio, might initially seem overwhelming, but rest assured, with careful thought, thorough research, and adherence to the guidelines above, you will be able to find an attorney who aligns with your objectives, comprehends your specific needs, and is well-equipped to guide you effectively through the intricacies of your divorce process. Dmitriy Borshchak from The Law Office of Dmitriy Borshchak understands the intricate loops of any divorce cases. Contact us now at 614-334-6851 and get the help that you need in this journey.

Columbus, Ohio – Imagine the heartache of a marriage unraveling, the dreams of a shared future slipping away. Now, add to that a potentially substantial financial burden – the cost of a divorce. The process of legally parting ways is not just emotionally taxing but could also leave a hole in your wallet. The question is, who’s going to foot the bill? As we venture into the labyrinth of divorce laws in Columbus, Ohio, we hope to equip you with some answers and insights into this complex journey.

Your Rights, Your Responsibilities: Divorce Costs

Divorce can feel like a stormy sea, tossing you around with little respite. But understanding your rights and responsibilities could be the beacon of light guiding you through these tumultuous times. More than just laws and legal jargon, it’s about your financial future, your peace of mind. We hope this piece will offer you a lifeline, a means to navigate the often complex divorce laws in Columbus, Ohio, with a greater sense of confidence and clarity.

But remember, while we aim to offer guidance and information, this should not replace the wisdom of a professional attorney. If you find yourself in the throes of a divorce, it’s imperative to seek legal advice that’s tailored to your unique situation.

Behind the Price Tag: Understanding the Cost of Divorce in Columbus, Ohio

Divorce is not just an emotional journey, it’s also a financial expedition. To effectively steer through this voyage, it’s essential to understand the various costs involved and have an idea of the average cost of a divorce in Columbus, Ohio.

The Breakdown: Types of Divorce Costs

There are various costs associated with the process of divorce, many of which may not be immediately apparent. Let’s break down the major ones:

  • Legal fees: This can be the lion’s share of the cost in a divorce. Legal fees encompass the price of hiring an attorney who will stand by your side throughout the divorce journey. These fees can fluctuate based on the intricacies of your case, the attorney’s experience, and the amount of time they dedicate to your situation.
  • Court fees: This includes the cost of officially filing for divorces and other associated costs, such as fees for submitting motions or other court documents.
  • Mediation costs: If you and your spouse choose to mediate your disputes rather than going to court, you will bear the costs associated with hiring a professional mediator. While mediation can sometimes be more cost-effective than a court trial, it can still be substantial.
  • Expert fees: Depending on the specifics of your case, you may need to hire other professionals such as child custody evaluators, financial advisors, property appraisers, or tax consultants. Their fees add to the overall cost of the divorce.  Further, depending on the issues present in your case and the specific facts of each case, some or all of the experts may be appointed by the court regardless of your desire or wish for one to be appointed.
  • Miscellaneous costs: Other potential costs can include serving divorce papers, photocopying and postage, transportation, and perhaps even therapy or counseling to help manage the emotional toll of the divorce.

How Much Does It Really Cost?: The Average Cost Range of a Divorce in Columbus, Ohio

Predicting the exact cost of a divorce is as tricky as predicting the weather. However, as a general guide, a divorce in Columbus, Ohio, can range from a few hundred dollars for a simple, uncontested divorce to tens of thousands of dollars for a contested divorce involving intricate disputes over issues like child custody or property division.

Remember, these are average costs. Each divorce is as unique as the people involved. Numerous factors can affect the total cost of a divorce, including the complexity of the case, the level of conflict between the parties, and the specific rates of the professionals involved. The more contentious and complicated the divorce, the higher the cost is likely to be.

Shared or Solo: Who Pays for the Divorce?

In Columbus, Ohio, as is the case in many other jurisdictions, the legal fees, expert fees, and mediation costs of the divorce are typically borne by the parties collectively as the court is likely to divide all but the legal fees between the parties.  Legal fees are traditionally not divided if the legal fees are paid with marital funds or if the credit card on which the fees were paid is being divided as a marital debt.  However, this isn’t a hard and fast rule. The court has the discretion to order the other spouse to contribute to the costs, especially if there is a significant disparity in the spouses’ incomes or if it is determined that one person contributed significantly more to the need for a certain expense than the other.

Furthermore, the payment of legal fees can also be a point of negotiation between the spouses. For instance, they may agree to split the costs, or one spouse might agree to cover all the costs as part of a larger settlement agreement.

Sailing Through: Strategies to Minimize Divorce Costs

Divorce doesn’t have to break the bank. Here are some strategies to help you navigate the process without draining your wallet:

  • Consider mediation or collaborative divorce: These methods are often less adversarial and, therefore, less expensive than traditional divorce litigation. They involve negotiating a mutually agreeable settlement with the help of neutral third-party professionals.
  • Be organized and cooperative: Provide your attorney with all the necessary documentation in an organized manner to minimize the time they need to spend on your case. Moreover, being cooperative and communicative with your spouse can help to streamline the process and reduce costs.
  • Explore unbundled legal services: Instead of hiring an attorney to handle every aspect of your divorce, you could engage them only for specific tasks, such as drafting a settlement agreement or providing legal advice on a particular issue. This approach can help to reduce your legal costs.

The Final Word: Steering Your Course

The cost of divorce can be steep, but understanding the financial landscape can help you navigate this challenging journey more effectively. Armed with knowledge and a clear-eyed perspective, you can make informed decisions that protect your emotional well-being and financial health. Remember, while this article aims to offer a broad overview, divorce is a complex process with many variables. It is crucial to consult with a qualified attorney or legal professional like Dmitriy Borshchak from The Law Office of Dmitriy Borshchak to understand your specific situation and rights. The storm may seem overwhelming now, but with the right resources and support, you can navigate your way to calmer waters.

Let’s set the stage: You’re in Ohio, a state renowned for its bustling cities, sprawling farmlands, and, perhaps less romantically, its nuanced family law. It’s here that we’ll take a deep dive into the labyrinth of spousal rights. We’ll venture through the sometimes thorny topics of alimony, property division, health coverage, retirement benefits, and the rights of parents. Buckle up; it’s going to be an enlightening journey about family law in Columbus, OH.

A Closer Look at Spousal Support in Ohio

Imagine the marriage as a tandem bicycle ride, with both partners pedaling in sync to maintain a certain pace or lifestyle. If the couple parts ways, one partner might struggle to keep up. Enter spousal support, Ohio’s answer to this imbalance. Known to some as alimony, it’s a financial commitment one spouse might be obligated to offer the other during or after the divorce. The specifics, like the length of this support and how much it entails, hinge on a host of factors: the duration of the marriage, the income and earnings potential of each spouse, the lifestyle they had, and even their age and health. It’s a complex equation, but one that seeks to maintain balance and fairness.

Splitting the Pie: Property Division in Ohio

When a marriage dissolves in Ohio, the division of assets isn’t as simple as slicing a pie into equal halves. The state adheres to the principle of ‘equitable distribution’, which is like dividing the pie based on who contributed what to the baking process and who needs more for sustenance. The court carefully distinguishes marital property (assets acquired during the marriage) from separate property (assets each spouse brought into the marriage). It’s a delicate dance of considerations, aiming to divide assets in a manner that’s fair but not necessarily equal.

Home is Where the Heart Is: Rights to the Marital Home

When the dust of a divorce begins to settle, questions about the marital home inevitably arise. Who gets to continue living within its familiar walls? Often, it’s the spouse with primary custody of the children, but the specifics can get tangled. Factors like each spouse’s financial situation, the children’s best interests, and practical logistics all come into play. It’s a bit like a game of chess, with every move having far-reaching consequences.

Continuity Amidst Change: Health Insurance and Retirement Benefits

The end of a marriage can ripple into health insurance and retirement benefits. Sometimes, a spouse has the right to stay on the ex’s health insurance plan for a while post-divorce. Retirement benefits, often viewed as marital property, might also be divided during divorce proceedings. It’s like a safety net, helping to cushion the impact of significant life changes.

Preserving Bonds: Parental Rights in Ohio

Despite the upheaval of divorce, Ohio law significantly favors a result wherein children should maintain regular and ongoing contact with both parents. Unless there’s a compelling reason to the contrary (such as evidence of abuse or neglect), both parents are likely to be awarded some custodial and visitation rights. Child support isn’t a guessing game; a formula considering each parent’s income, the number of children, and other crucial factors, is used to arrive at a fair amount.

The Interlude: Rights during Separation

A legal separation in Ohio is like an intermission in a theater play: spouses live apart, but they’re still legally married. They can ask for court-ordered support and divide property with the court’s guidance. Moreover, certain rights, like remaining on a spouse’s health insurance, are preserved. It’s a pause, a time for reflection, without completely severing the marital ties.

When the Sun Sets: Rights Upon the Death of a Spouse

The sunset of a spouse’s life in Ohio brings a new dawn of inheritance rights for the surviving spouse. They have the right to a portion of the deceased spouse’s estate, even if the will says otherwise. It’s like a final gift, a token of care that transcends life itself. Additionally, the surviving spouse has rights concerning pensions and retirement benefits, which in some cases, can continue to be paid out after the spouse’s death.

Seeking Justice: Legal Remedies for Violation of Spousal Rights

If you feel like your spousal rights have been trampled on, remember: you’re not alone. Ohio’s legal system stands ready to uphold these rights, and violations can lead to penalties – think fines or even jail time. It’s a good idea to seek legal counsel if you believe your rights have been violated – think of it as having a seasoned guide to navigate the legal landscape.In the final analysis, spousal rights in Ohio are a complex web, intricately interwoven with threads of financial support, property division, parental rights, and safeguards during separation. It’s not always an easy journey, but understanding these rights is the first step towards navigating them with confidence. After all, knowledge is power, and with power comes the ability to protect yourself and your rights. Consult with a qualified family attorney or legal professional like Dmitriy Borshchak from The Law Office of Dmitriy Borshchak to understand your specific situation and rights.

No-fault divorce is a divorce type in which neither spouse must prove that the other party has done something wrong. Ohio courts often grant a no-fault divorce based on incompatibility or living separately and apart without cohabiting for at least one year. 

Ohio State only started recognizing no-fault divorces in 1973, thanks to the passage of the Ohio Law Reform Act. Previously, couples could only divorce if one party proved the other had committed a fault, such as adultery, cruelty, or desertion. Since the enactment of the Ohio Law Reform Act, no-fault divorce has become a common way for couples to end their unions.

If you and your spouse are considering a no-fault divorce, the family lawyers at the Law Office of Dmitriy Borshchak in Columbus, OH, can make things less stressful for you. We know too well how emotionally complicated a divorce can be, so we provide the expertise and experience you need to navigate these issues.

How is No-Fault Divorce different from Fault Divorce?

No-fault and fault divorces differ in the grounds on which the divorce can be granted. In a fault divorce, one party must prove that the other spouse has committed wrongdoing, such as adultery, cruelty, or abandonment. It is often a challenging and contentious process, as it requires one spouse to prove that the other is at fault for the failure of the marriage.

Conversely, in a no-fault divorce, couples can obtain a divorce simply because they have irreconcilable differences or have been living separately for a certain period. It can make the divorce process amicable, allowing them to end their marriage without blaming each other.

Another significant difference is how property division, spousal support, and child custody get handled. In a fault divorce, the court may consider the reasons for the divorce when making decisions about these issues. 

Pros and Cons of No-Fault Divorce

A no-fault divorce has the following pros;

  • Minimizes the conflict and bitterness that can arise in fault-based divorces.
  • It provides a more cooperative approach to ending a marriage.
  • Saves time and money by avoiding lengthy court battles over who is at fault for the marriage breakdown.
  • Allows couples to end their marriage without having to air their dirty laundry in court.
  • Makes divorce more accessible to those who may not have the resources or ability to prove fault.

On the flip side, there may be downsides to a no-fault divorce, including;

  • May make it easier for one spouse to end the marriage against the wishes of the other spouse
  • May make it more difficult for the court to determine issues such as property division, spousal support, and child custody.

How No-Fault Divorce Affects Children

A no-fault divorce affects children both positively and negatively. For starters, it reduces the conflict and tension between parents, which can minimize the negative impact of divorce on children. It also allows the young ones to maintain relationships with both parents, as neither parent is blamed for the divorce or seen as the bad person.

However, the kids may still feel a sense of loss or abandonment when their parents’ divorce, regardless of their reasons. Like all divorces, the children may struggle to adjust to the changes in their family structure, such as living in two households or having less contact with one parent.

Eligibility for A No-Fault Divorce in Ohio

In Ohio, a couple is eligible for a no-fault divorce if one of the following conditions is met:

  1. Incompatibility: The couple has experienced irreconcilable differences that have caused the marriage breakdown, and there is no reasonable prospect for reconciliation.
  2. Living separate and apart: The couple has been living separately without cohabitation for one year.
  3. Meet residency requirements: At least one spouse must have been a resident of Ohio for at least six months before filing for divorce.

 The Process of No-Fault Divorce in Ohio

The following are the general steps to file for a no-fault divorce in Ohio:

  1. Prepare the necessary documents: The spouse initiating the divorce (the petitioner) must complete and file a Petition for Dissolution of Marriage.
  2. Attend a preliminary hearing: The court will schedule a preliminary hearing to ensure both parties know their rights and responsibilities and to establish a timeline for the divorce proceedings.
  3. Work out a settlement agreement: The couple must work out a settlement agreement that addresses issues such as property division, spousal support, and child custody and support. If the parties cannot agree, the court may require them to attend mediation or appoint guardian ad litem to represent the interests of any children involved.
  4. Attend a final hearing: Once the settlement agreement is finalized and signed by both parties, the court will schedule a final hearing to review the agreement and issue a divorce decree.
  5. File the necessary paperwork: The divorce decree must be filed with the court, and the necessary paperwork completed to transfer property, change names, or make other post-divorce arrangements.

Uncontested vs. Contested No-Fault Divorce

A no-fault divorce can be uncontested or contested, depending on whether the couple agrees to the divorce terms.

An uncontested no-fault divorce occurs when both spouses agree on all the issues related to the divorce, including property division, spousal support, child custody, and child support. In this case, the couple can file a joint petition for divorce, a simplified process that can save time and money. If the court approves the agreement, it will issue a divorce decree.

A contested no-fault divorce occurs when the couple cannot agree on one or more of the issues related to the divorce. In this case, one spouse may file a petition for divorce, and the other spouse will be served with a copy of the petition. The non-filing spouse can respond by filing an answer, which may include a counterclaim for divorce. The court will then schedule a hearing to resolve the disputed issue.

Mediation in No-Fault Divorce Columbus Ohio

Mediation is a common method of resolving disputes in divorce cases, including no-fault divorces. It is a voluntary process in which a neutral third party, known as a mediator, helps the couple reach a mutually agreeable resolution to their issues. 

Mediation can be a valuable tool in a no-fault divorce, as it can help the couple avoid the expense and emotional toll of a lengthy court battle. During mediation, the couple can work with the mediator to agree on issues such as property division, spousal support, child custody, and child support. The mediator does not make decisions for the couple but helps them communicate effectively and explore creative solutions.

If the couple can reach an agreement through mediation, it can be incorporated into the divorce decree and become legally binding. If the couple cannot reach an agreement, they may still need to go to court to have a judge decide the contested issues.

Post-Divorce Considerations

Alimony

In a no-fault divorce in Ohio, either spouse may be eligible to receive alimony depending on the circumstances of the case.

In Ohio, the court may award alimony to either spouse based on several factors, including:

  • The duration of the marriage.
  • The standard of living established during the marriage.
  • The earning capacity of each spouse.
  • The age, physical, and emotional condition of each spouse.
  • The ability of each spouse to earn income.
  • The contributions of each spouse to the marriage.
  • Any other factors that the court deems relevant.

The court may also modify or terminate an alimony award if there is a substantial change in circumstances, such as a change in income or employment.

Property Division

In a no-fault divorce in Ohio, property division is based on the principle of equitable distribution, so the court will divide the marital property fairly and equitably, but not necessarily equally.

Marital property in Ohio includes all property and assets acquired during the marriage, regardless of whose name is on the title or account. Marital property may include the family home, real estate, cars, bank accounts, retirement accounts, stocks, and other assets acquired during the marriage.

Child Custody and Support

In a no-fault divorce in Ohio, child custody and support are determined based on the best interests of the child. There are two types of custody: legal custody and physical custody. Legal custody refers to the right to make major decisions about the child’s upbringing, such as education, healthcare, and religion. Physical custody refers to where the child resides. The court may award either sole custody or shared custody, depending on the circumstances of the case.

Child support in Ohio is calculated based on the Ohio Child Support Guidelines, which consider the income of both parents, the number of children, and certain expenses such as child care and health insurance.

The court will order the non-custodial parent to pay child support to the custodial parent to help cover the costs of raising the child. Child support is generally paid until the child reaches the age of 18 or graduates from high school, whichever occurs later.

Final Thoughts

A no-fault divorce Columbus Ohio offers couples a convenient way to separate with minimal conflict. It also reduces the stigma associated with divorce, enabling divorcing couples and their families to maintain healthy relationships in the best interests of their children. With no-fault divorce becoming more prevalent, we may see further changes to Ohio divorce laws and procedures that reflect these shifting attitudes.

A lot will be at stake when you and your spouse decide to divorce, including your children and assets. Whether your no-fault divorce is contested or uncontested, the attorneys at the Law Office of Dmitriy Borshchak can help. Contact us today to schedule a free case consultation.

FAQs

How long does a no-fault divorce take?

Although a no-fault divorce tends to be straightforward, there’s no timescale to it. The process can take anywhere from four to seven months, depending on your circumstances.

Is no-fault divorce available in all states?

All American states allow no-fault divorce, but most still allow couples to divorce on fault-based grounds.

Can I change my mind after filing for a no-fault divorce?

Once the petition is filed and the divorce finalized, Ohio courts can’t un-grant the divorce because the spouses changed their minds.

Having children can bring many little joys into your life: chubby-cheeked smiles, memories of a first special holiday, a quick “I love you!” as they dash out the door to catch the bus. But let’s face it, having kids can also give you some serious tax benefits. Naturally this benefit is not going to be something highlighted in a greeting card, but when you are going through a divorce, deciding how to handle this benefit is important.

According to the IRS, if you and your child’s other parent are not married, only one of you can claim the child on their taxes. Typically, the “custodial” parent is the one who may claim the child. The “custodial” parent is defined as the parent “with whom the child lived for a greater number of nights during the year.”[1] That is why, when deciding on a parenting time schedule, you will often find people fighting over how many “overnights” they get with a child. The person with more “time” will usually be considered by the IRS to be the “custodial” parent, regardless of whether you actually have shared parenting or not.

Now, hopefully we do not have to tell you that it is less-than-desirable to only want more time with your kid because that means you get a tax benefit. The IRS seems to understand this moral point as well, because they do give parents another option: if you have shared parenting and thus have two “custodial” parents, then you can alternate years in which you and the other parent can claim the child on your taxes. For example, you could agree that the other parent will be entitled to the tax exemption in even years with you being entitled to the exemption in odd years. Courts all across Ohio, including Franklin County and Delaware County, like to see as equitable of an agreement as possible between parents, which includes things like an equal enjoyment of the child tax credit.

In order to make this alternate-enjoyment arrangement work, the parent who is not claiming the child will need to “sign a written declaration or Form 8332…for the noncustodial parent to submit with on their own.”[2] Your parenting plan should include language that holds the parent not claiming the exemption accountable for executing these documents. It should also include language laying out which parent may claim the child (or children) in which year. If you have more than one child, it may be to your benefit to talk with your attorney about the most advantageous way to alternate claiming the children.

It is important to remember, though, that no matter how well-written a divorce decree or parenting plan is written, enforcement is going to be up to the Court that granted the divorce or approved the parenting plan as an Order. The IRS is not going to give credence to your Parenting Plan in the event that the other parent fails to sign the necessary documents or claims the child during the year where you were supposed to claim the child. Should your child’s other parent fail to follow the terms of your Court Order, you will need to bring that to the attention of that Court and follow their process of enforcement.

To find out how to do that and to find out what other key pieces of language you will need in a parenting plan, make sure to reach out to an experienced family law attorney. No person will ever be a better parent to your children than you, but it helps to have someone in your corner when going through something like a divorce or custody action. An experienced family law lawyer will make sure that not only are you protected but that your children are centered throughout the process. It is important that your attorney share your concerns about the welfare of your children and take them as seriously as you do. If you think you may need an attorney, please fill out the questionnaire on our website and our paralegal will reach out to you to set up a free consultation with one of our attorneys.

Our attorneys are well-versed in not only the intricate language sometimes needed to craft a parenting agreement, but are also familiar with all the tax implications that go along with drafting a well-written shared parenting plan. Having practiced all over the state of Ohio, our legal team knows not only what the IRS expects but what Courts from Franklin, Delaware, Cuyahoga, Knox, and even Summit Counties expect to see in their parenting plans, which makes your life that much easier.

Good luck and remember – chubby cheeks and happy memories with your kids will last far longer than any court battle. It gets better, especially if you hire a good attorney.

-Lucy Shane, Esq.

[1] https://www.irs.gov/newsroom/claiming-a-child-as-a-dependent-when-parents-are-divorced-separated-or-live-apart

[2] Id.