Lawyers, Answer Questions  & Get Points Log In
Ohio Divorce Questions & Answers
2 Answers | Asked in Divorce and Domestic Violence for Ohio on
Q: Filed for divorce on 3/17 and served summons to spouse in jail for domestic violence charges against me..

It's been over 30 days.. is there a way to expedite this divorce?

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

Divorce hearings are set generally once the clerk receives proof of service. The opposing party has 28 days to file an answer and can file a counterclaim and/or other motions. When parties are not seeing any hearing date and it has been a reasonable time for the clerk to process the proof of... Read more »

View More Answers

2 Answers | Asked in Family Law and Divorce for Ohio on
Q: Dividing marital assets-does using dividend checks jointly make the principal amount on an inheritance community prop.?

The inheritance was left in one spouse’s name and in separate investment account. Quarterly dividend checks have sometimes been used for items for both spouses. Principal never been cashed or moved.

Raquel Ann Parish
Raquel Ann Parish
answered on Apr 19, 2022

Ohio is not a community property state. Pursuant to Ohio Revised Code 3105.171 the Court must make an equitable division of all marital property. The Ohio code states that marital property does not include any separate property and that separate property can be found if one spouse has received an... Read more »

View More Answers

1 Answer | Asked in Landlord - Tenant and Divorce for Ohio on
Q: Can I evict my husband if he moved out two weeks ago an lives in another town in ohio

My house in owned an in my name. If not can any other measures be taken to keep him from destroying my house there has been nothing filed but he has takin residence in another home

Raquel Ann Parish
Raquel Ann Parish
answered on Apr 12, 2022

Ohio courts can make orders when parties are in the process of a divorce and they need to get rules in place quickly such as who will remain in the marital home or pay certain debts. As part of the court's temporary orders one party can be ordered to vacate the marital home and forced to find... Read more »

2 Answers | Asked in Divorce for Ohio on
Q: Hello: According to Ohio law, what is considered a school fee? Is there a location to find the definition?
Joseph Jaap
Joseph Jaap
answered on Mar 29, 2022

A local court or judge might have given an opinion on what it includes in that term. If not, then the parents will have to try to work it out. Check if the parenting agreement requires mediation before going to court. If mediation doesn't resolve it, then file with the court for the judge to... Read more »

View More Answers

2 Answers | Asked in Divorce, Family Law and Child Custody for Ohio on
Q: If my children are in a different time zone than what our court order states- what time zone do we follow?

Our court order states “ Father shall be permitted to have contact with the children by phone,

Instagram, Facetime, skype or similar electronic media a minimum of three

times per week for a maximum of up to one hour. The days and times may be

agreed upon by the parties. If... Read more »

Raquel Ann Parish
Raquel Ann Parish
answered on Mar 28, 2022

The history of the parties plays a big role in how they conduct and carry out the terms of a shared parenting plan or child custody visitation order. Given the complexity of any case with a GAL etc there must have been some temporary orders in place while the case was pending. How were phone and... Read more »

View More Answers

1 Answer | Asked in Child Support, Divorce and Family Law for Ohio on
Q: How can I get some one on one advice on the forms I need to go about getting a divorce and the reasons?

My husband is being non cooperative, he controls all the money, basically lives in another state comes home for 3 days out of a month! Leaves all the responsibilities of our 3 children on me, doesn’t spend any time with them or me, I ask that we sit down and discuss the matter of separating or... Read more »

Joseph Jaap
Joseph Jaap
answered on Mar 22, 2022

If he won't cooperate, then you will have to get an attorney and do the divorce yourself. Use the Find a Lawyer tab to talk to some local family law attorneys and then hire one to represent you through the divorce process and to answer questions about custody, child support, spousal support,... Read more »

1 Answer | Asked in Family Law and Divorce for Ohio on
Q: Am I legally married? A friend of his performed the wedding just found out that he was not registered with the state.

A friend performed the wedding and I just found out that he was not registered with the state at the time. I'm not sure if anyone was aware of it at the time. He didn't register until 2 years afterwards. I want a divorce now i am not sure if I should file for an annulment instead. There... Read more »

Nicholas P. Weiss
Nicholas P. Weiss
answered on Mar 21, 2022

You are very likely still legally married and would need a divorce, not an annulment.

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: my wife and I jointly own a car. She is taking it to Indiana. As co-owner can i legally refuse to let her drive it?
Nicholas P. Weiss
Nicholas P. Weiss
answered on Mar 15, 2022

No. If you want her to remain in Ohio you will need to file for divorce and seek a restraining order preventing her from taking marital property outside of the state. Absent a court order you cannot prevent her from driving the car.

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: Closing Joint Bank Accounts?

Fairfield County, OH: My wife had our son file for a Protective Order. April 2021 he was 17 and Sep 20 he turned 18. He graduates in May 2022. He was granted 3 years. He enjoined my wife and his sister in the order. According to the PO electronic communication is a violation of the PO. My wife... Read more »

Raquel Ann Parish
Raquel Ann Parish
answered on Mar 11, 2022

The answer to this question depends on whether or not you have temporary orders in an active Divorce case. Sometimes court put orders into place to prevent parties from making changes to joint accounts such as removing funds and closing accounts. If there is no current court order in place... Read more »

1 Answer | Asked in Divorce and Real Estate Law for Ohio on
Q: Do I have to pay an old lien on my ex's house?

He was awarded the house but my name stayed on the deed and mortgage for one year because he did not qualify to take over the payments. He wants to sell the house and found out that a lien (we did not know about previously) was placed against the house during our marriage for debt in my name.... Read more »

Joseph Jaap
Joseph Jaap
answered on Mar 7, 2022

In a divorce, it is important to check real estate titles to find any liens that might have been filed. He won't be able to sell the house without somebody paying the lien to get it released. If he wants to sell the house, he could pay the lien, and then file with the court to determine if... Read more »

2 Answers | Asked in Divorce and Family Law for Ohio on
Q: I've been separated from my husband for 7 years and I'm not sure if I need to file for divorce or dissolution

Our children are grown we have no real estate we have nothing to fight them out I mean he has some of my parents things that I want back but other than that I do believe he'll sign the papers with no problems we both want to move on I'm on disability and I cannot afford a full-blown... Read more »

Bridget Sciscento
Bridget Sciscento
answered on Mar 7, 2022

You can likely file for a dissolution. A dissolution is where the divorcing parties agree on everything before asking the Court to end their marriage. Most counties have packets that a couple seeking a dissolution can fill out, and many counties have help desks that can help you complete the... Read more »

View More Answers

1 Answer | Asked in Divorce for Ohio on
Q: I'm in need of a divorce. My husband lives in another state. what do I do

We have children but not together.

Joseph Jaap
Joseph Jaap
answered on Feb 28, 2022

You can file a divorce in your OH county of residence if you have lived there 3 months and in OH 6 months. It does not matter if your husband lives out of state. If he will agree to everything, you can proceed as a dissolution, but he would have to come back for the hearing. If not, then you can... Read more »

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: My husband moved out a year ago from our home in Ohio, he has now moved to Florida, he left alot of stuff here

What can I do with his stuff he left, he refuses to help with marital assets because he sends all his money overseas to a girl in the phillipines

Joseph Jaap
Joseph Jaap
answered on Feb 24, 2022

Any money he sent overseas might be identified, and he could be required to include it in the division of marital assets. Use the Find a Lawyer tab to retain a local divorce attorney who can review all the facts of the situation and advise you of your options.

1 Answer | Asked in Divorce for Ohio on
Q: Getting a divorce after 29 years, the home we lived in together is not in my name do I have any rights to the home

Is 401k an asset that has to be split

Joseph Jaap
Joseph Jaap
answered on Feb 15, 2022

Since you are married, you have rights in the marital home even if your name is not on the deed. You can also make a claim for spousal support. A lawyer can explain all your rights in a divorce. Use the Find a Lawyer tab to retain a local family law attorney to represent you.

1 Answer | Asked in Divorce, Child Custody, Child Support and Civil Rights for Ohio on
Q: Can I take my baby mom to court so that I could claim my kids on taxes every other year?

They live with her but I am a very present father. I do more for them than I do for myself. Anything they need I always buy.

Nicholas P. Weiss
Nicholas P. Weiss
answered on Feb 3, 2022

If you pay child support, you may be able to make an argument to claim one or more of the children, but it will be a fact-determination by the court.

2 Answers | Asked in Divorce, Family Law and Child Custody for Ohio on
Q: I want to know if we have a chance at obtaining custody

Me and my fiance live in ohio and he is going through a divorce. His ex is dating someone who has past domestic cases that are ten plus years old but he threatened us in November which was reported to the local police and we also believe they may be using drugs because she is acting differently... Read more »

Joseph Jaap
Joseph Jaap
answered on Feb 1, 2022

A judge makes custody decisions in the best interest of the child, based on all the evidence properly presented in court. A judge can consider past problems, convictions, drug use, rehab, financial issues, work issues, living situation, etc., as well as current circumstances of both parents and... Read more »

View More Answers

1 Answer | Asked in Child Custody and Divorce for Ohio on
Q: I would like to get a divorce from my husband and full custody of our son but he has warrants

My husband does not support his son and hasn’t for almost 3 years now however he has warrants so I know he won’t show up to court

Joseph Jaap
Joseph Jaap
answered on Jan 27, 2022

The court will determine custody based on all the facts and what is in the best interest of your son. Use the Find a Lawyer Tab to retain a local divorce attorney who can review all the facts, prepare the forms to file with the court, and represent you in the divorce process.

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: Can I get a dissolution with a child in Ohio without being legally separated?
Joseph Jaap
Joseph Jaap
answered on Jan 26, 2022

Yes, there is not need for a legal separation first. But a dissolution requires both spouses to agree on all issues of custody, child support, division of marital property, and spousal support/alimony. If they cannot agree, then they must proceed as a divorce.

1 Answer | Asked in Divorce for Ohio on
Q: Do l Still have the right to get a lawyer even if our dissolution has been finalized? And is it worth it?

We got a dissolution last May 5,2021. And until now l still haven’t get the title of the car that we both agreed that he is going to transfer it to my name. His lawyer that we used for the dissolution was also the one who process QDRO for the car payoff but until now it hasn’t been finalized or... Read more »

Anthony C. Satariano
Anthony C. Satariano
answered on Jan 24, 2022

You absolutely have the ability to hire a lawyer. If your ex-husband is not complying with the terms of the dissolution order, you may have the ability to pursue a contempt claim against him.

1 Answer | Asked in Divorce for Ohio on
Q: Does infidelity affect the outcome of the property split in a divorce?

I have evidence that my wife cheated while we were married. Will the judge consider her actions when dividing marital property? We don't have kids, just property that will be split. We bought the house after the marriage but she has the mortgage in her name and has made all of the payments.

Joseph Jaap
Joseph Jaap
answered on Jan 20, 2022

If your spouse spent money on the other person, those funds might be recovered. But usually, such things don't affect the division of property or determination of any spousal support. The house is marital property, subject to division of its value. Use the Find a Lawyer tab to retain a... 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.