Lawyers, Answer Questions  & Get Points Log In
Ohio Divorce Questions & Answers
1 Answer | Asked in Divorce for Ohio on
Q: So my wife's mom is getting divorced they have been married since 2019 but they are getting divorced on mutual agreement

They don't have children together she has 2 13 year old boys and the husband has 1 14 year old girl and they do have shared Bank accounts

Joseph Jaap
Joseph Jaap
answered on Nov 15, 2022

If both spouses agree on everything, they can proceed as a dissolution which is simpler, quicker, and cheaper. But each spouse still needs their own separate attorney. She can use the Find a Lawyer tab to retain a local family law attorney to answer questions and prepare documents for the... Read more »

3 Answers | Asked in Divorce and Bankruptcy for Ohio on
Q: I am a cosigner on a car loan for my ex husband in the process of divorce and he is purposely not paying the loan

To ruin my credit he won't pay for it I have text to prove it as well

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Oct 29, 2022

Probably your most effective path to redress this problem is through your divorce lawyer and the domestic relations court. From the outset of a divorce case, or shortly thereafter, the court deals with the issue of temporary support, or support pendente lite, and that involves, in part, the... Read more »

View More Answers

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: Legally still married but separated does the husband have a right to be at a house only the wife is on the lease?

The wife doesn’t want him there

Joseph Jaap
Joseph Jaap
answered on Oct 24, 2022

If there are no court orders, then both spouses have equal access to the marital residence. It doesn't matter whose name is on the deed or lease. If a divorce is filed, then a spouse can ask the court for exclusive access to keep the other spouse away. But the judge doesn't have to agree.

1 Answer | Asked in Divorce for Ohio on
Q: My husband and I wish to remain co-owners on the tiles of the mortgaged properties we own after divorce?

We have an uncontested divorce (dissolution) filed for Cuyahoga County, OH. We own two mortgaged properties in which we are both on the titles. I do not make enough money to buy out his interest in either property, nor do I earn enough income to qualify for refinancing on either property. He agrees... Read more »

Matthew Williams
Matthew Williams
answered on Oct 19, 2022

Your property agreements can be made a part of your divorce decree through a separation agreement. While everyone is playing nice this sort of thing is easily resolved. But you should both be aware that anything you put into a court order can be enforced by the other party so you may want to be... Read more »

1 Answer | Asked in Child Custody, Divorce and Family Law for Ohio on
Q: hello I need a temporary custody agreement and uncontested divorce.
Sarah P. Oberer
PREMIUM
Sarah P. Oberer
answered on Oct 14, 2022

If you'd like to file for divorce, contact a lawyer that can help and guide you with the process. Divorces are uncontested only when the opposing party does not want to or fails to contest any issues. However, if you both agree on all issues, then you may be able to file a dissolution instead... Read more »

1 Answer | Asked in Divorce for Ohio on
Q: Can i get a free divorce? My husband is in jail for child endangerment and sexual imposition this is on a minor.

My daughter was removed from my home cause of the sexual imposition. my daughter had talked to cps and he had said some things to make her feel uncomfortable and unsafe. she is now back in my home since he has been arrested.

Joseph Jaap
Joseph Jaap
answered on Oct 11, 2022

Check with your local domestic relations court. Some have clinics with volunteer lawyers to help those who do not have an attorney. Otherwise, use the Find a Lawyer tab to talk to some local divorce attorneys. Many offer free consultations.

1 Answer | Asked in Real Estate Law and Divorce for Ohio on
Q: If my husband purchased our home before we were married, and I am not on the mortgage, am I also financially responsible

We are divorcing. Can I record a Quit Claim deed to him for my marital equity prior to divorce so I can obtain another home?

Joseph Jaap
Joseph Jaap
answered on Oct 6, 2022

The divorce will divide assets, equity, and debts between the spouses, to determine who gets what and who pays what. A Quit Claim Deed would not be effective until after the divorce has been finalized by the court. Talk to your divorce attorney about it, or use the Find a Lawyer tab to retain a... Read more »

1 Answer | Asked in Divorce for Ohio on
Q: My wife filed for divorce. The papers were sent a month ago via certified mail. I have not received the papers.

The tracking indicates it is running late, but on the way. When I checked with the post office they said I should have received it by now, it was probably destroyed by their sorting machines. Not sure how to proceed or who to contact. I do not have an attorney due to finances. I let her and her... Read more »

Raquel Ann Parish
Raquel Ann Parish
answered on Oct 5, 2022

The Ohio Rules of Civil Procedure require that service must be completed on the opposing party prior to the court making any final rulings in the case. There is nothing to do until the papers are received from the post office, sheriff or process server. Parties who avoid service can be served by... Read more »

2 Answers | Asked in Divorce for Ohio on
Q: If I purchased a home in Ohio before marriage, do I get to keep the home in a divorce?
Joseph Jaap
Joseph Jaap
answered on Sep 19, 2022

Possibly, but the home would be considered marital properly, so your spouse could be entitled to some portion of its equity in the division of marital property in a divorce. It depends on whose funds were used to pay for maintenance, insurance, etc. for the home and other factors, and all the... Read more »

View More Answers

1 Answer | Asked in Divorce for Ohio on
Q: My adult granddaughter has a court date for Sept. 9th to finalize her dissolution of marriage, in Greene County Ohio.

The court says if he does not show on court day, they cannot do anything. The husband just informed my granddaughter that he is moving to Kentucky. He says he will be there for court, but we know better. What can she do to get this uncontested, all signed, in agreement, dissolution done on court... Read more »

Raquel Ann Parish
Raquel Ann Parish
answered on Sep 1, 2022

In order for a Dissolution in Ohio to be finalized both parties must sign all documents and appear to give their consent to the Dissolution at the Dissolution hearing. Some counties allow Zoom, Whatsapp or Bluejeans video attendance if one party cannot appear in person. Parties should contact the... Read more »

1 Answer | Asked in Divorce, Family Law, Real Estate Law and Landlord - Tenant for Ohio on
Q: I need help I'm homeless and low income. Illegal lock out and She lied on equity at the divorce. I had no lawyer

Divorced 9/07/2021 in Ohio she was awarded the house but never finished the quick deed. I never signed a quick deed.My name is on mortgage and as of now it is still on the deed. She can't refinance cause she bought a new car after the divorce. The morgage company keeps calling due to missed... Read more »

Raquel Ann Parish
Raquel Ann Parish
answered on Aug 22, 2022

Parties to a Divorce can file a Motion under Ohio Rules of Civil Procedure 60 B to request the court to grant relief from a Divorce or Dissolution judgment or order. Motions can be filed based on mistakes; inadvertence; excusable neglect; newly discovered evidence; fraud; etc. The motion shall be... Read more »

1 Answer | Asked in Divorce for Ohio on
Q: Ex refuses to communicate with me about switching her loan to me as specified in divorce decree. It’s been 3 years.

Ohio

Parent plus loan she took out.

Decree states we work together to switch it into my name in a timely manner. Options?

Joseph Jaap
Joseph Jaap
answered on Aug 15, 2022

Your divorce decree might require mediation of any disputes. But if that doesn't work, then you could file with the court asking to have her held in contempt if she does not comply. Talk to your divorce attorney or use the Find a Lawyer tab to retain a local family law attorney.

1 Answer | Asked in Divorce, Family Law and Small Claims for Ohio on
Q: My ex and i have a suv together. He took it from me while i was at work. Can I take it back in the same manner?

4 years ago we bought the suv together. 2 years ago I found him cheating, and kicked him out. He kept the car we paid off, and I drove (and paid for) that one. The other night I was at work, and he came and took the car. He sent me a text message saying he had it and to not report it stolen. He... Read more »

Joseph Jaap
Joseph Jaap
answered on Aug 1, 2022

It depends on if he is an ex-boyfriend or an ex-spouse. If he is an ex-spouse, then the divorce decree and property separation agreement determine who gets the vehicle. But an unmarried couple does not have the same legal process for dividing a vehicle as in a divorce when they split up. If he... Read more »

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: My married was ended via dissolution. Agreed for wife to have the house. Now it's being sold. Do I get any of that mone?

I was under the impression that she was only living in the house while I moved out. It wouldn't make any sense for me to just give her the house and not get any return on the money I invested into it. Cuyahoga County. Ohio.

Joseph Jaap
Joseph Jaap
answered on Jul 30, 2022

You might not be entitled to any payment. It depends on what terms were specified in your property separation agreement that was part of the dissolution, and if any equity or proceeds of sale were to be shared. Talk to the attorney who handled your dissolution. If you didn't have an... Read more »

1 Answer | Asked in Divorce for Ohio on
Q: We want a divorce because we just don’t want to be married but don’t want to go to court, is this possible and fast?

We have no property and don’t want anything from each other. We have a 14 and 15 year old and work out with visitation just fine nonissues for two years now.

Raquel Ann Parish
Raquel Ann Parish
answered on Jul 7, 2022

Parties seeking an uncontested Divorce with children or a Dissolution with children in Ohio must write out their agreements for the court to order a termination of the marriage. The agreements to terminate the marriage with children must include property division, a parenting plan and child... Read more »

1 Answer | Asked in Divorce for Ohio on
Q: I got married over the phone in 2018 in prison I’m in a halfway house trying to get a divorce but

The woman is acting really suspicious and constantly delaying won’t send me the paperwork I keep asking for to get the divorce going. I don’t even know if I’m actually married it was all done over the phone I called her and she three-way called another woman that was supposedly the one that... Read more »

Raquel Ann Parish
Raquel Ann Parish
answered on Jul 6, 2022

Pursuant to Ohio Revised Code 3101.08 describes who can marry people an ordained or licensed minister of any religious society or congregation within this state who is licensed to solemnize marriages, a judge of a county court in accordance with section 1907.18 of the Revised Code, a judge of a... Read more »

1 Answer | Asked in Divorce for Ohio on
Q: Can I fire my attorney for my divorce case? This is in Ohio

We have pre-trial next week and trial next month

Raquel Ann Parish
Raquel Ann Parish
answered on Jun 27, 2022

Clients are free to fire their attorney at anytime and can do so in writing to inform of the decision and to request that no further work be done on the case. It is highly suggested that prior to doing this clients consult another attorney who can potentially take over the case since there might... Read more »

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: If the wife committed adultery, how can the husband go about ending the marriage with no spousal support in final ruling

My wife cheated on me no longer than 7 months ago. We are still legally married with no legal separation. We are no longer living together as of a week ago. There are a lot of things regarding finances and property her and I are going over. However, I am curious as to how her betrayal benefits me... Read more »

Raquel Ann Parish
Raquel Ann Parish
answered on Jun 20, 2022

Pursuant to section 3105.171 concerning equitable division of marital and separate property - distributive award in Divorce the Ohio Legislature has ruled the court shall provide for an equitable division of marital property prior to making any award of spousal support to either spouse and without... Read more »

1 Answer | Asked in Divorce for Ohio on
Q: Where can I find a separation agreement that says I want a dissolution of marriage?

When I go on the website there's only one separation agreement and there isn't a place for me to say it's for a dissolution. I'm not sure where to find the one I need. And if I'm supposed to use that one I'm not sure how I'm supposed to say it's for a... Read more »

Nicholas P. Weiss
Nicholas P. Weiss
answered on Jun 15, 2022

It does not need to say it's for a dissolution. In either a divorce or dissolution by agreement the separation agreement is only a part of the total judgment that divides assets and debts between the parties.

1 Answer | Asked in Divorce for Ohio on
Q: Me and my wife been separated for 7 yrs and we don't really talk anymore I'm just trying to figure out to get divorced
Joseph Jaap
Joseph Jaap
answered on Jun 9, 2022

If you have been separated that long, and if you have already divided your property and assets, then you could terminate your marriage by filing for a dissolution -- but you both have to be able to agree on everything. Otherwise you file for divorce. Use the Find a Lawyer tab to talk to a local... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.