Columbus, OH asked in Divorce, Child Support and Family Law for Ohio

Q: Must I sue my boyfriend for child support to divorce my husband? What if my husband doesn't show up for court?

My ex and I separated 4 years ago. We no longer share any assets or accounts. Moved on, fell in love, had two perfect babies. I met with a lawyer who was gruff and agitated at the time. He told me I would have to take my boyfriend to court for child support in order to divorce my husband. This doesn't seem right to me and the lawyer was in no mood for answering questions. We've had paternity done through the state for both children. They're loved and well supported by my boyfriend and I in our happy family home. Why should their well being have anything to do with my divorce?

Husband moved to TN after separation. He has a min wage part time job and no car. I'm not sure if he would sign and send divorce documents back to me if I mailed them. I don't see how he would get to Columbus for a court date with no car or money. Can I do it on my own if we're not contesting anything?

1 Lawyer Answer
Joseph Jaap
Joseph Jaap
Answered
  • Cincinnati, OH
  • Licensed in Ohio

A: If your husband won't cooperate, you can file for a divorce. He doesn't have to sign any divorce documents, but if he will sign for receipt of certified mail, then the divorce can proceed, or else you can publish it in the newspaper. Use the Find a Lawyer tab to speak with some other local divorce attorneys and find one who you can work with.

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