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Ohio Divorce Questions & Answers
1 Answer | Asked in Divorce and Family Law for Ohio on
Q: Am I able to discard my ex husbands property? He had 60 days from divorce in December 2022.

The divorce states that I am to reside in the rental home, but no other information about his belongings in the decree. It was an uncontested divorce, he did not show up.

James L. Arrasmith
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answered on Mar 15, 2024

In situations like yours, it's important to approach the disposal of your ex-husband's belongings with caution. Given that he had 60 days from December 2022 as per the divorce decree and assuming this time has elapsed, the next steps depend on the laws of your specific state or country.... View More

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: Started common law marriage in Montana moved to Ohio and continued filing all taxes as married 15 years total.

Also recieved medicaid for our children as married in both states. Gave wife wedding rings. Joint bank accounts and shared property. We are now seperated for 4 years. We lived together had implied agreement through filing taxes state and federal as married in Montana for 7 years and continued the... View More

Todd B. Kotler
Todd B. Kotler
answered on Feb 22, 2024

In order to fully answer this question, one would need to know whether or not the couple described map of the criteria for common law marriage in Montana when they moved to Ohio. Ohio has not recognized common law marriage (within the state) since 1990. If, however, the couple met all the criteria... View More

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Ohio on
Q: reaching for some legal help

Hello, I am reaching for some legal help. Does my wife have right to take our children away to her mothers house? I was “kicked out” from the home a month ago, against my will, but been present and coming back daily to see the children and to spend time with them. My wife is claiming that she... View More

Todd B. Kotler
Todd B. Kotler
answered on Feb 5, 2024

In the absence of a court order, married parents have equal rights to their children. Thus, she is within her rights to take them over to her mother's house, and you are within your rights to spend time with them as well. Your best course would be to hire an attorney and file a divorce and... View More

2 Answers | Asked in Divorce and Family Law for Ohio on
Q: For a dissolution do we need to list checking accounts, vehicles and mortgage that is already in our separate names
Joseph Jaap
Joseph Jaap
answered on Jan 31, 2024

Yes, each spouse must list all assets and liabilities. Even if accounts are in separate names, they most likely will be considered marital assets. Use the Find a Lawyer to retain a local family law attorney to assist with the forms, because if you a make a mistake on the forms, you might not be... View More

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1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Ohio on
Q: I'm seaching information on filing for divorce involving domestic violence and husband on trial. I'm 7 months pregnant.

I need information. He is wanting to sell our home while I'm still in it with my protection order, I need to buy a home for my kids and I. He is currently awaiting trial for domestic violence and strangulation of myself, I am 7 months pregnant. Information on child custody and support as he... View More

Joseph Jaap
Joseph Jaap
answered on Jan 30, 2024

That must be very worrisome. But he cannot sell the home without your signature on the deed, even if you are not named on the deed. In Ohio, but spouses must sign any deed for real estate owned by either or both of them - so you both have to agree to any sale. If you file for divorce, you can... View More

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: The opposing party's attorney is first cousins with the judge. Is this conflict of interest?

This is for a divorce case with children. We are now going in front of the judge as the magistrate just quit.

Todd B. Kotler
Todd B. Kotler
answered on Jan 28, 2024

Likely it is cause for disqualification. Ohio Jud. Cond. R. 2.11 states in material part:

(A) A judge shall disqualify himself or herself in any proceeding in which the judge's impartiality might reasonably be questioned, including but not limited to the following circumstances:...
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3 Answers | Asked in Tax Law, Family Law and Divorce for Ohio on
Q: As a custodial parent, do I have the right to claim my son for taxes even though the decree says to alternate?

When first filing for divorce, I agreed to alternate years of claiming my son on taxes with my ex. It's 3.5 years later and I have my son full-time, he has never once had him for a weekend in his home. I would not have agreed to this if I would've known I would be the one to have my son... View More

James L. Arrasmith
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answered on Jan 26, 2024

In your situation, the IRS generally allows the custodial parent to claim the child for tax purposes. The custodial parent is typically the one with whom the child spends the majority of nights during the year. However, the IRS's rules don't automatically override the terms of your... View More

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3 Answers | Asked in Tax Law, Family Law and Divorce for Ohio on
Q: As a custodial parent, do I have the right to claim my son for taxes even though the decree says to alternate?

When first filing for divorce, I agreed to alternate years of claiming my son on taxes with my ex. It's 3.5 years later and I have my son full-time, he has never once had him for a weekend in his home. I would not have agreed to this if I would've known I would be the one to have my son... View More

Kelly A Rochotte
Kelly A Rochotte
answered on Jan 28, 2024

First, the state isn't going to be the one holding you in contempt, your ex-spouse would be the one bringing a contempt action to enforce the terms of your decree. Second, given that he is not exercising the requisite amount of time needed by the IRS in order to properly claim a minor child,... View More

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1 Answer | Asked in Divorce, Legal Malpractice and Family Law for Ohio on
Q: If a magistrate gives my wife legal advice regarding our divorce and I have proof. Can I sue them?
Todd B. Kotler
Todd B. Kotler
answered on Jan 24, 2024

It is unlikely you can successfully sue the magistrate. In general, public officials enjoy what's called sovereign immunity. You may report the magistrate to your local Bar Association if they have truly stepped outside of their role and become an advocate for your wife. Mind you, simply... View More

1 Answer | Asked in Divorce, Family Law and Child Support for Ohio on
Q: How long does a judge have to complete a journal entry or judgement entry on the child support order case?

Everything was ordered in court but still waiting on entry

Kelly A Rochotte
Kelly A Rochotte
answered on Jan 23, 2024

Generally speaking, the judgment entry will be issued after the magistrate's decision. Generally speaking in Ohio, the court is expected to do so "timely" following an adjudicative hearing. If a magistrate is issuing a decision, you will have 14 days to file any objections to that... View More

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: My ex is ordered to pay 1/2 of health INS and has refused since 2/23. We reside in OH

The AO has since been modified to state that he carries the insurance starting in 12/23. He believes that since the order has changed, he is not liable for the 10 months he refused to pay, while under the previous order. The total owed is just over $2000.

Todd B. Kotler
Todd B. Kotler
answered on Jan 8, 2024

Since you're talking about the enforcement of a specific order, it's not possible to render in general education about that. Does the new order contain language settling and releasing your ex-husband from his obligations? What does the old order say about potential defaults? The specific... View More

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: I want to file a divorce Im not happy dont want to be obligated for his lottery winnings esp when got nothing

How much would it cost or where can I file for free

Todd B. Kotler
Todd B. Kotler
answered on Jan 4, 2024

The filing fees for a divorce vary from county to county. You need to contact the clerk of courts for the domestic relations court in the county in which you've resided for the past 90 days assuming you have been in the State of Ohio for at least six months. If that cost is unduly burdensome,... View More

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: My dissolution was final a couple of weeks ago. While still married my husband gave the woman he was seeing $20,000.

As this money was a marital asset, is it too late to try to get any of it back?

Todd B. Kotler
Todd B. Kotler
answered on Dec 28, 2023

In order to fully answer this question, an attorney will need to review the dissolution paperwork, including the separation agreement. Was this 20,000 that you mentioned actually listed in the affidavits accompanying the petition for dissolution? Was it mentioned in the separation agreement? Is... View More

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: I live in Pataskala, can I get a divorce or dissolution in Franklin county?

He said his attorney can get us through Franklin because he works in Franklin county. Also said i would only get 42% of his retirement plan.

Todd B. Kotler
Todd B. Kotler
answered on Dec 9, 2023

Not enough facts to properly evaluate. If there are children, the county with jurisdiction will be where the children have been for the past 90 days (assuming they have been in the state for 180 days). A spouse typically gets 1/2 or the Marital Portion of the retirement plan. The marital portion... View More

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: What is motion is moot in a dissolution case
Todd B. Kotler
Todd B. Kotler
answered on Nov 11, 2023

A mooted motion is one where the requested relief is no longer neccessary. Typically it is where the person bringing the motion already has the thing for what has been asked. For example, if one had a motion for a return of a particular car and the respondent to the motion returns it before a... View More

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: OH dissolution, is it ok to leave spouse's name on bank loan if it's spelled out in the dissolution who is responsible?
Todd B. Kotler
Todd B. Kotler
answered on Oct 31, 2023

OK? What do you mean by "OK"? Will you get arrested? No. But simply leaving the agreement that one spouse is responsible will not be enforceable against the lender or loan servicer. It is only enforceable against the responsible spouse. It is better to get the responsible spouse to... View More

1 Answer | Asked in Divorce, Child Custody and Family Law for Ohio on
Q: Can a modified judgement entry for parenting be enforced if it wasn’t signed by either party or the magistrate?

I have an agreed judgement entry that defines my ex’s visitation. We went to court to modify it with a new agreed judgement entry. It was not signed by the magistrate or us because there are issues with it. However I expected it to be edited and gave him his modified weekend with the kids. 2... View More

Todd B. Kotler
Todd B. Kotler
answered on Oct 25, 2023

The only entry that can be enforced is one signed by the Judge and filed with the court. Anything that has not been filed is invalid. In some instances a signed copy is filed with the court and unsigned copies are time stamped at the same time as "service" copies which are for... View More

1 Answer | Asked in Tax Law, Child Custody, Child Support, Divorce and Family Law for Ohio on
Q: In divorce creed dated in 2015, Father was entitled to daughte as tax exemp as long as child spp and medic were current.

Hi, I had a simple question about claiming my daughter on my taxes. I have been her sole guardian since May 2021 when child support stopped. I am also on three of her college loans and make monthly payments on all of them. I provide her with all essentials such as room/board, toiletries, food,... View More

Kelly A Rochotte
Kelly A Rochotte
answered on Oct 18, 2023

If your daughter has her own income by which she's paying taxes, you can claim her on your own tax return but will also need to acknowledge the income she's receiving. It will be imputed as income to your household for the purposes of tax assessment. Simply paying on her loans does not... View More

3 Answers | Asked in Divorce and Family Law for Ohio on
Q: can a judge have a husband's life insurance put into the name of his ex wife?

Wife was already listed as the beneficiary. Due to this a supplemental amount was canceled due to nonpayment because of the name change. This was a loss of $70K. Payments were to stop if she remarried and that was not reported. The ex is receiving 1/2 of husband’s pension through division of... View More

Kelly A Rochotte
Kelly A Rochotte
answered on Sep 30, 2023

You should definitely consult with an attorney on this. They would be able to review the policy and the terms of the decree to give a clearer path forward. The Court would have had to state grounds by which they made such an order, and this outcome seems out of line with general expectations... View More

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3 Answers | Asked in Divorce and Family Law for Ohio on
Q: can a judge have a husband's life insurance put into the name of his ex wife?

Wife was already listed as the beneficiary. Due to this a supplemental amount was canceled due to nonpayment because of the name change. This was a loss of $70K. Payments were to stop if she remarried and that was not reported. The ex is receiving 1/2 of husband’s pension through division of... View More

John Michael Frick
John Michael Frick
answered on Sep 30, 2023

A life insurance policy is marital property if the owner of the policy is married and can be awarded to either spouse in the event of a divorce regardless of which spouse’s name is “on the policy.”

But I have never heard of a court awarding a life insurance policy purchased by a party...
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