The settlement says to take me off of the loan of the house in a "reasonable amount" of time. It has been almost 8 years. She refuses to take my name off the house. How do I start the process of taking my name off of the mortage?
Your remedy is to file a contempt motion against her for willfully violating the terms of the divorce decree. 8 years is way more than a "reasonable" time to get you off the loan. If she claims she doesn't qualify to refinance it, the Court will likely order it sold so you will be...View More
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..
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.
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... View More
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...View More
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...View More
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!
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?
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!
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...View More
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.
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....View More
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.
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!
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!
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.