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Questions Answered by Robert Mues Esq
2 Answers | Asked in Divorce for Ohio on
Q: WHERE CAN I FIND WAIVER FORMS FOR A DISSOLUTION CASE NOT TO DISCLOSE FINANCES
Robert Mues Esq
Robert Mues Esq answered on Jun 20, 2019

A complete disclosure by both sides of all assets and debts is a fundamental starting point in every dissolution. In the Ohio counties around Dayton, I know of no such waiver form. You may be able with a lawyer to convince the Judge to seal the entire file if there is good cause..

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1 Answer | Asked in Divorce for Ohio on
Q: In a no fault,nochildren,no property dissalusion, how do I prove I have no income when I get the afidavit notorized?
Robert Mues Esq
Robert Mues Esq answered on May 30, 2019

You do not "prove" anything to the Notary. All you do is swear under oath to the Notary that the information on the affidavit is truthful. The Notary does not attempt to verify the factual accuracy of the information on the affidavit. Very simple.

1 Answer | Asked in Divorce, Family Law and Child Custody for Ohio on
Q: My daughter in Ohio is leaving her husband, they have 2 kids.

I will be going to get them and help her move to CO where I can help her start over. What does she need to do before leaving him and taking the kids with her? At the moment he does not know she is planning this, he is mentally abusive but not physical. What paperwork if any does she need to do... Read more »

Robert Mues Esq
Robert Mues Esq answered on Aug 25, 2018

She needs to consult with an Ohio lawyer. Were they married?There are significant jurisdictional considerations. In most states, one needs to be a state resident for a certain number of months before they can file for divorce. In Ohio that period is 6 months. I do not know anything about Colorado... Read more »

1 Answer | Asked in Divorce for Ohio on
Q: When you file for a divorce, is your debt shared equally with the other party or am I responsible for paying it off?

the debt was accumulated from taking care of my family when I was unemployed.

Robert Mues Esq
Robert Mues Esq answered on Jun 24, 2018

Assets and debts generally are split 50/50, but it all depends on the Court. No guarantee.

The Court will consider the ability of each party to pay it. Sometimes they split it 50/50 but order the financially advantaged party to pay alimony so the other party has money to pay their share of...
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1 Answer | Asked in Divorce and Child Custody for Ohio on
Q: My wife want to dissolve our marriage and want mediation. She has contacted a lawyer to helps through this.

Should I retain an attorney as well?

Robert Mues Esq
Robert Mues Esq answered on May 25, 2018

Yes. You should schedule an appointment with an experienced divorce lawyer to discuss your rights and to develope points to help negotiate during the mediation. Don't be blindsided during the mediation process!

Good luck.

1 Answer | Asked in Child Custody and Divorce for Ohio on
Q: Soon to be ex-wife has temp sole custody of son,she lives in Indiana,I live in Ohio. can I still go for shared parenting

Currently going through a divorce with only temporary visitation (every other weekend) is there anything preventing me from getting granted shared parenting even if we live in different states?

Robert Mues Esq
Robert Mues Esq answered on May 21, 2018

I assume the matter is pending in Indiana. Correct? I am not licensed there. Regardless of the state, you need a lawyer to represent you.

In Ohio, you would not be precluded from Shared Parenting simply because you live in different states. It would essentially come down to a "best...
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2 Answers | Asked in Real Estate Law and Divorce for Ohio on
Q: If my wife moves out of her house that is in her name not mine, and leaves me in it...

If my wife moves out of her house that is in her name not mine, and leaves me in it, am I legally responsible to pay the mortgage? Am I legally in trouble to walk away from the house and leave her to it?

Robert Mues Esq
Robert Mues Esq answered on Mar 22, 2018

More facts are needed but based on what you have indicated, you have no legal obligation to pay the mortgage.

If a divorce is initiated, it is possible that might change somewhat. You have no legal obligation to remain in the house although it may be prudent for the time

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1 Answer | Asked in Divorce for Ohio on
Q: Can a warrant for non payment of alimony be reversed if the person declares they no longer want any payments from me?

This would include any back monies owed.

Robert Mues Esq
Robert Mues Esq answered on Mar 18, 2018

Yes. Although it may take actions in 2 courts, including the domestic relations Court and the one that issued the warrant. You likely will need a lawyer to draft the agreed entry and coordinate the logistics. Good luck!

1 Answer | Asked in Divorce for Ohio on
Q: File for a divorce with 2 children born during the marriage that arnt his . Do I file for divorce with children?

Im married and left my husband . I have 2 children born while married that are not his. Do I file for divorce with or without children?

Robert Mues Esq
Robert Mues Esq answered on Feb 26, 2018

You must include the children in the divorce complaint since they were born during the marriage. You should also indicate that while they were born during the marriage that the defendant is not their biological father. This is tricky as child support hinges on this too. Courts have their own way... Read more »

1 Answer | Asked in Divorce for Ohio on
Q: My husband and I are going to file for a dissolution. Do I need to be moved out of our home for 30 days in order to file
Robert Mues Esq
Robert Mues Esq answered on Feb 8, 2018

No. You may still be residing together when you file. Nonetheless, you should have plans to seperate at a later time. Good luck!

2 Answers | Asked in Child Custody, Divorce and Family Law for Ohio on
Q: Can a husband threat full custody if a wife choose to divorce and be with someone else?

My friend and her husband have had a falling out. She wishes to get a divorce and his response was basically how if she chooses to be with this one specific person, he will get full custody. I have been looking everywhere but I can't really seem to find an answer.

Robert Mues Esq
Robert Mues Esq answered on Jan 12, 2018

Either parent can seek sole custody. The motivation of either party to do so isn't really relevant. The primary determination in a custody determination is the best interest of the child/children. Who is the primary caregiver? These type of "threats" are pretty typical unfortunately. Kids shouldn't... Read more »

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1 Answer | Asked in Divorce for Ohio on
Q: In Ohio, filing for divorce, does the plaintiff have to be present in court, or can he represented by a third party?
Robert Mues Esq
Robert Mues Esq answered on Nov 6, 2017

He or she will need to appear for the final hearing. A third party can not be substituted. If the plaintiff is deployed, the Court may allow that person to appear via video (depends on the Court). Hope this helps.

2 Answers | Asked in Divorce and Family Law for Ohio on
Q: My husband and I are filing for a dissolution and I was wondering how much say the court has on the terms already made

We have a very civil relationship and would hate for the court to ruin that by forcing action we don't want.

Robert Mues Esq
Robert Mues Esq answered on Oct 31, 2017

Typically not much especially if you are both represented by counsel. So long as the agreement appears fair on its face and it doesn't appear that there was any undue influence, the Court should approve it.

Congrats on wanting to maintain that civil relationship!

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1 Answer | Asked in Divorce and Family Law for Ohio on
Q: Married 18 yrs want a divorce what is he responsible for financially

We have 2 sons one is a minor 17. Im a at home mom

Robert Mues Esq
Robert Mues Esq answered on Nov 7, 2016

Without knowing more specifics, he would be responsible for child support for your minor child and alimony 9depending upon income levels). You should contact an experienced divorce lawyer in your county to obtain more detailed information. My best working through it!

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