QUESTION

Would I file with children since they are still dependent?

Asked on Jul 06th, 2017 on Divorce - Ohio
More details to this question:
I am going to file for dissolution. However, I have 2 adult children that are dependent on expenses for college and health care. Do I need a lawyer for the dissolution?
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1 ANSWER

Employment & Labor Attorney serving Oregon, OH at Rice & Co.
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You absolutely should have a lawyer for a dissolution. This is advice I would give anyone. I have never seen a DIY dissolution that I regarded as well-done. I have seen many with issues. I have seen quite a few where the non-represented party ended up with a raw deal, whether on purpose or by accident. As long as you have an attorney, whether or not your spouse gets one is his/her problem. But you should always have one. The cost for a dissolution is usually not too outrageous, If your spouse's lawyer is preparing the paperwork, you can get a lawyer to review that before you sign it for a pretty modest charge..this is a pretty significant event in your life with a lot of potential for things going very wrong. If your kids are still in high school and under 19, there may still be child support issues. If there is no child support, who can claim the children for taxes is generally determined by IRS rules rather than a court order, or even the agreement of the parties. If you provide more than half of the support for the child and they live with you more than half the year, you can claim them. (I'm not going to get into what constitutes living with?, that's another question altogether.) You might also consider whether it would be more financially beneficial to file jointly with your spouse (and negotiate in advance where the refund will be sent and how it will be split) if you are still married at the end of the year. (If you don?t get it filed pretty quick, the odds are that you will be.)
Answered on Sep 21st, 2017 at 7:50 PM

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