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Ohio Divorce Questions & Answers
2 Answers | Asked in Divorce, Family Law, Immigration Law and International Law for Ohio on
Q: Can a foreign spouse get visa/greencard if US spouse cheating while they still in their home country??

I wanted to know if I reported the married man who I’ve been sleeping with marriage to a foreigner to be fraud

and the USCIS deem their marriage to be fraud after the marriage has been reported for fraud would she be able to use him cheating in some way to get her marriage visa/green and... View More

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 18, 2023

It is not appropriate to report a marriage for fraud without evidence of fraud. Cheating is not necessarily evidence of fraud in a marriage for immigration purposes. It is important to respect the privacy and legal rights of others, and to avoid making false accusations or engaging in harassment.... View More

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1 Answer | Asked in Divorce and Family Law for Ohio on
Q: If my new husband pays half of my house payment for 5 out of 30 years. What is he entitled to.

House is worth $285000. When we married I owed $30000 on it.

Joseph Jaap
Joseph Jaap
answered on Jun 8, 2023

A house is marital property, and spouse could be entitled to half of the increase in equity that happened during the marriage. The division of assets and debts gets worked out in a divorce, and it depends on many factors. Use the Find a Lawyer tab to retain a local divorce attorney who can look... View More

2 Answers | Asked in Contracts, Divorce, Family Law and Banking for Ohio on
Q: In OH marriage can debts obtained by one person affect the other and...

..if so can you do anything to keep each person isolated having having any tie to any debts/mistakes by the other during the marriage.

Todd B. Kotler
Todd B. Kotler
answered on Jun 2, 2023

Debts incurred during the marriage are presumptively marital debts. Parties may agree to treat them differently or in the case of a divorce a party that did not incur the debt may make an argument as to why it should be treated as a separate debt. Factors may include the circumstances around the... View More

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2 Answers | Asked in Contracts, Divorce, Family Law and Banking for Ohio on
Q: In OH marriage can debts obtained by one person affect the other and...

..if so can you do anything to keep each person isolated having having any tie to any debts/mistakes by the other during the marriage.

Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 2, 2023

There are a few parts to this question. Debt incurred by a spouse alone will not, generally, expose you to liability from the creditor, even during marriage. This debt, during divorce, may be considered marital debt, and it is possible that some or all of the debt may be apportioned between the... View More

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1 Answer | Asked in Divorce and Family Law for Ohio on
Q: Divorced 6 months in Ohio ex has not refinanced the once jointly owned property,if he dies (he is older) am I liable?

In the divorce I let him keep the two Florida residences that I signed on with him while married.

Todd B. Kotler
Todd B. Kotler
answered on May 30, 2023

This question does not contain enough information to give a comprehensive answer. The answer is going to depend on the precise wording of the Separation Agreement incorporated into the divorce decree and the loan agreement for the financing. More likely than not, you remain responsible to the... View More

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: Married 5 years. Husband put name on deed after 1 year of marriage. Is there a case that shows a spouse is entitled?

Separated after 4 years 8 months. Is spouse entitled to 50 percent? Is there any case law showing someone receiving a percentage? The house was the husband's previously but wife helped with remodeling.

Todd B. Kotler
Todd B. Kotler
answered on May 26, 2023

This case will be arguable from several different perspectives. The original owner of the property may wish to argue it is still mostly separate property (up to the value at the time of marriage or the revision to the deed). The spouse has an argument that the property is now marital being... View More

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: In the state of Ohio if a wife wants to divorce but the husband controls all the finances what options would she have?

Would a lawyer take a client if they can not pay up front as they do not have access to marital funds?

Joseph Jaap
Joseph Jaap
answered on Apr 26, 2023

If someone files for divorce, they can ask the court to order their spouse pay their attorney fees if that other spouse controls all the marital funds. They can also ask the court to order their spouse to pay temporary spousal support. Use the Find a Lawyer tab to talk to some local divorce... View More

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: I am trying to start the divorce process. I have no idea where to start. I can not afford a lawyer. Forms r confussing.

Is there help with those that can not afford to pay and if so can you lea me in the right direction. I also am not sure which forms fit my family make-up.

Joseph Jaap
Joseph Jaap
answered on Apr 26, 2023

The forms can be confusing. Some counties have a legal clinic with volunteers to assist those without a lawyer, and some law schools also provide such assistance. Check with your local county domestic relations court if they know of such assistance that is available, or contact some local law... View More

1 Answer | Asked in Divorce, Real Estate Law and Family Law for Ohio on
Q: Does my cosigner's husband have legal claim to my house during a divorce in a dower state?

I am unmarried and own a home. My mom (married) cosigned my mortgage a few years ago and is listed on the deed with me, though I pay the mortgage myself. She is now getting a divorce and her husband's legal team is claiming that my house is marital property. I live in a dower state and my... View More

Joseph Jaap
Joseph Jaap
answered on Mar 31, 2023

Your mother's interest in the home could be marital property, depending on how her ownership interest is listed on the deed. The divorce will determine how all marital property is divided, included any ownership interest she has, and some of her equity might be awarded to her spouse in the... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Ohio on
Q: I am wanting to legally sepe/divorce from my husband and we have minor children I would like support ordered for him to

I'm not able to afford and honestly don't even know where to start to get the process going

Joseph Jaap
Joseph Jaap
answered on Mar 27, 2023

Terminating a marriage is a difficult decision to make, even more so with children. If you file for divorce, you could ask the court for temporary child support, temporary spousal support, and for your spouse to pay your attorney fees while the divorce is in process. Use the Find a Lawyer tab to... View More

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: What would happen if I was to contact my husbands divorce attorney with a offer bc my attorney won't listen to the offe?

We have been trying to get divorced for four months this is our fifth hearing I went to my attorney an told her I just want it to be over he can have everything as long as . An he can have 50/50 of our daughter an she won't take it to his attorney what could happen if I did?

Joseph Jaap
Joseph Jaap
answered on Mar 27, 2023

Four months is not that long. Many divorce cases take up to a year. The court process moves slowly - at the judge's pace. Talk to your attorney first, and find out why she won't pass along that offer. Your attorney knows what is realistic and what is a fair outcome for you, and your... View More

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: We both make close to the same amount of money, will there be alimony? We both own the house, what happens?

My husband and i are currently in marriage counselling and I fear that a divorce might be the result. Any guidance to make this as financially friendly and peaceful as possible, is greatly appreciated. We do not have kids, only 2 cats.

Bridget Sciscento
Bridget Sciscento
answered on Mar 14, 2023

It's difficult to say based on the small amount of information provided whether or not a Court would be likely to award spousal support. This is decided based on about a dozen factors; however, differential in income is one factor (and usually the most important). The Court will consider... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Ohio on
Q: What are my rights as far as child support? I wanted a civil dissolution but now ex hasn't helped in 4 months.

My ex moved out in May. He stopped paying on the car i drive months ago and we had an agreement for him to help financially weekly but he stopped back in November and only has our 2 kids overnight 2 times a week. Now he is moving in with his current girlfriend who has 4 kids, 2 seniors 2 freshman,... View More

Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 16, 2023

If you are married, you should file for divorce and seek a temporary child support and spousal support award as part of your filing. If you are not married, you should go to your county's child support enforcement office to obtain an administrative child support award.

1 Answer | Asked in Divorce, Family Law and Child Custody for Ohio on
Q: my parents are getting dicorced soon and idk how to convince the court in unsafe at my moms and abused with no pictures

the divorce might be this summer but idk, im scared my dad wont get custody and my mom will hurt me for trying to live with him, i never get a chance. to record her or anything and she isnt psychically abusive, but i have been sent to mental wards twice because of the stree, im only 13 and i want... View More

Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 5, 2023

Your father needs to seek a guardian ad litem to represent you in the divorce. Talk to the guardian once they are appointed and tell them this information. It is very likely that the guardian will recommend custody to your father if they hear you say that, even without proof.

If you are...
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1 Answer | Asked in Divorce and Family Law for Ohio on
Q: Is using a false address on a marriage license application enough to consider a marriage invalid in Lake County Ohio?

Both parties lived out of Ohio state as US citizens at the time of application but spouse listed a false former Lake County address on the application. Marriage ceremony took place in Lake County, OH. Provide Next Steps Please.

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 27, 2022

We cannot provide legal advice and guidance here. Ohio does not require residency to marry. Outsiders simply file for a marriage license in the county where the ceremony will take place. Using an old address means nothing. Also, there are no easy outs. An error in providing pedigree information... View More

1 Answer | Asked in Divorce for Ohio on
Q: Can I switch the title over to my car to someone else's name
Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 22, 2022

Why are you doing this? The short answer is "yes", but there can be consequences to doing this if it is in the context of a divorce. If you are doing it pre-divorce, and transferring for no value, then the court can make you pay back the marital equity to your spouse in the divorce as you... View More

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... View 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

Kenneth L. Sheppard Jr.
Kenneth L. Sheppard Jr.
answered on Oct 30, 2022

Yes. Both attorney answers are correct. Speak with your divorce lawyer if you have one. Temporary support orders is the most effective way to address this matter. Have your texts ready to be easily reviewed by your counsel. If no counsel, make sure to bring those texts with you to court for the... View More

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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.
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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... View More

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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.

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