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Ohio Divorce Questions & Answers
0 Answers | Asked in Real Estate Law and Divorce for Ohio on
Q: How do I get off this mortgage I am apparently not even on?

My husband and I are going through dissolution. My attorney found out today I am apparently on the warranty deed and original mortgage document filed with the county for the home we both thought was only in my exs name. Atty says to get me off the loan, My ex will have to refinance or sell the... View More

0 Answers | Asked in Divorce for Ohio on
Q: Can my wife keep my kids from visiting with me if I have court ordered visitation with 3 of the 7 children we have ?

I haven’t seen my kids since she kicked me out on my birthday April 5th . Ages 7 to 2 months old.

1 Answer | Asked in Divorce, Family Law and Child Custody for Ohio on
Q: I have parenting issue with ex spouse with mental illness. He was been non compliant . He wants to modify the agreement.

When he doesn't agree with we agreed to, he's constantly is wanting to change things. We both are supposed to have an ROR, which includes talking to the psychiatrist and or doctors. I agreed to be transparent about my medical health, even though i do not have any psychotic disorders. He... View More

Todd B. Kotler
Todd B. Kotler
answered on Apr 11, 2024

I don't see a specific question here. It sounds like you may wish to either file a motion to enforce your present agreement, or in the alternative terminate your agreement in favor of you having custody reserving visitation to the other parent. It sounds like you may wish to have a Guardian ad... View More

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: Going through a divorce, what all can I legally get? Husband refuses to let me have anything!

Me and my husband are going to be going through a divorce. After obtaining legal martial status, we had bought a house, had a child, bought vehicles and appliances for the home. Husband refused to move out so I left, he states he is entitled to everything and I only get my clothes and custody of... View More

Nicholas P. Weiss
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answered on Apr 8, 2024

IN GENERAL: Anything purchased or acquired after a couple is married is considered marital property. That means that if the parties divorce, all of that property must be equitably divided between the parties. This includes houses, cars, personal property, retirement accounts, bank accounts, etc.... View More

2 Answers | Asked in Divorce and Family Law for Ohio on
Q: My huband said he filed for a divorce in February of this year 2024.

My husband said he hired an attorney in the beginning of February, he told me his attorney would write up the papers then email to him so he could look over them before signing. My husband then told me his attorney was going to mail me the papers so I could then look at them and if I did not agree... View More

Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 3, 2024

It sounds like your husband has hired an attorney on a limited representation basis. That is, the attorney is just drafting documents, but your husband is handling the rest. If that's the case then this does sound above-board.

You do not need to wait any time at all if you want to...
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1 Answer | Asked in Divorce and Child Custody for Ohio on
Q: I am getting ready to file for a dissolution. Our truck is a lease in my name only. Who's truck is it?
Todd B. Kotler
Todd B. Kotler
answered on Apr 2, 2024

The truck belongs to the dealership or whichever lender has the actual title to it. It is a monthly expense to whoever is paying on it.

0 Answers | Asked in Divorce for Ohio on
Q: Can I change a lock on a bedroom door in Ohio to a key lock after a divorce is filed in Ohio? We both own home

He comes into my room in middle of night to fight and has been recording via a hidden device in living room conversations that he wasn’t even home to be a part of. Including conversations I’ve had with my family who were visiting while he was not home.

1 Answer | Asked in Divorce and Civil Litigation for Ohio on
Q: How long do I have before I have to leave the home after a divorce ?
Todd B. Kotler
Todd B. Kotler
answered on Apr 1, 2024

That is determined by the court. Either that, or at whatever date you and your former spouse are able to agree upon.

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: Hi there, my question what is the law on me leaving are home do I forfeit any rights to it?Thanks: Peggy D.
Todd B. Kotler
Todd B. Kotler
answered on Mar 30, 2024

Not enough information in this question to really answer. If you rent are you on the lease? If you own the home are you on the deed? If the answer to these questions are that you're on neither a lease nor a deed, then there are some potential issues. If you are on either the lease or the deed... View More

0 Answers | Asked in Divorce for Ohio on
Q: If legally separated and living in the same home, is there a minimum amount of time before filing for divorce?

If we are legally separated living in 2 homes, do we have to wait a year before filing for divorce?

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: Am I able to discard my ex husbands property? He had 60 days from divorce in December 2022.

The divorce states that I am to reside in the rental home, but no other information about his belongings in the decree. It was an uncontested divorce, he did not show up.

James L. Arrasmith
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answered on Mar 15, 2024

In situations like yours, it's important to approach the disposal of your ex-husband's belongings with caution. Given that he had 60 days from December 2022 as per the divorce decree and assuming this time has elapsed, the next steps depend on the laws of your specific state or country.... View More

1 Answer | Asked in Divorce, Estate Planning and Family Law for Ohio on
Q: In the state of Ohio If me ex wife is remarried or if I filed bankruptcy on her, is she still entitled to the payment
Todd B. Kotler
Todd B. Kotler
answered on Mar 16, 2024

Without more context this question is impossible to accurately answer. If the payment is spousal support it depends on the wording of the decree. Generally, domestic relations support orders are not dischargeable in bankruptcy. The remarriage may be a termination of support, but only if... View More

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: If we were never married and the house is in both of our names - can he sell it without my permission.

He left 16 months ago and took nothing with him

Todd B. Kotler
Todd B. Kotler
answered on Mar 11, 2024

No, he cannot. All owners must sign a deed in order to convey clear marketable

1 Answer | Asked in Divorce for Ohio on
Q: Are there pro bono lawyers for help with divorce? My spouse has already filed but I cannot afford legal representation.

I do have a restraining order on him and he is the breadwinner of the home.

Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 6, 2024

You are going to have better luck seeking out an attorney who is willing to be paid by the other side then someone pro bono. In divorces where there is a significant income difference between the parties, the court can order the breadwinner to pay some or all of the attorney fees of the lower... View More

1 Answer | Asked in Divorce for Ohio on
Q: I have a question regarding the calculation of equity I owe my ex in our divorce. The total equity was 109,365.

However I am supposed to get 15000 due to the down payment I made prior to us being married.y atty says I owe 47182. However I figured it as 109365/2 = 54682.5. Then I deducted the 150000 to equal 39682.5. My atty did the math 109365-15000= 94365/2 = 47182. What is the correct way to calculate this

Todd B. Kotler
Todd B. Kotler
answered on Feb 25, 2024

Your attorney is correct. You subtract the down payment from the total equity, not just a 1/2 portion.

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: Q: Started common law marriage in Montana moved to Ohio and continued filing all taxes as married 15 years total.

Also recieved medicaid for our children as married in both states. Gave wife wedding rings. Joint bank accounts and shared property. We are now seperated for 4 years. We lived together had implied agreement through filing taxes state and federal as married in Montana for 7 years and continued the... View More

Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 22, 2024

If you met all the criteria for common-law marriage in Montana, then Ohio will recognize the marriage and you will need a divorce.

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: Started common law marriage in Montana moved to Ohio and continued filing all taxes as married 15 years total.

Also recieved medicaid for our children as married in both states. Gave wife wedding rings. Joint bank accounts and shared property. We are now seperated for 4 years. We lived together had implied agreement through filing taxes state and federal as married in Montana for 7 years and continued the... View More

Todd B. Kotler
Todd B. Kotler
answered on Feb 22, 2024

In order to fully answer this question, one would need to know whether or not the couple described map of the criteria for common law marriage in Montana when they moved to Ohio. Ohio has not recognized common law marriage (within the state) since 1990. If, however, the couple met all the criteria... View More

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Ohio on
Q: reaching for some legal help

Hello, I am reaching for some legal help. Does my wife have right to take our children away to her mothers house? I was “kicked out” from the home a month ago, against my will, but been present and coming back daily to see the children and to spend time with them. My wife is claiming that she... View More

Todd B. Kotler
Todd B. Kotler
answered on Feb 5, 2024

In the absence of a court order, married parents have equal rights to their children. Thus, she is within her rights to take them over to her mother's house, and you are within your rights to spend time with them as well. Your best course would be to hire an attorney and file a divorce and... View More

2 Answers | Asked in Divorce and Family Law for Ohio on
Q: For a dissolution do we need to list checking accounts, vehicles and mortgage that is already in our separate names
Joseph Jaap
Joseph Jaap
answered on Jan 31, 2024

Yes, each spouse must list all assets and liabilities. Even if accounts are in separate names, they most likely will be considered marital assets. Use the Find a Lawyer to retain a local family law attorney to assist with the forms, because if you a make a mistake on the forms, you might not be... View More

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1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Ohio on
Q: I'm seaching information on filing for divorce involving domestic violence and husband on trial. I'm 7 months pregnant.

I need information. He is wanting to sell our home while I'm still in it with my protection order, I need to buy a home for my kids and I. He is currently awaiting trial for domestic violence and strangulation of myself, I am 7 months pregnant. Information on child custody and support as he... View More

Joseph Jaap
Joseph Jaap
answered on Jan 30, 2024

That must be very worrisome. But he cannot sell the home without your signature on the deed, even if you are not named on the deed. In Ohio, but spouses must sign any deed for real estate owned by either or both of them - so you both have to agree to any sale. If you file for divorce, you can... View More

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