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Ohio Divorce Questions & Answers
0 Answers | Asked in Divorce, Family Law and Contracts for Ohio on
Q: Can I legally access a car bought with marital money but registered in my husband's name?

I am facing a dispute with my husband over the use of a car. Although the car is registered in his name, we bought it with marital money. I am sober, and he is refusing to give me the car keys because he is upset that I spent a day with my family. There are no court orders regarding shared property... View More

1 Answer | Asked in Divorce, Consumer Law and Family Law for Ohio on
Q: Can I remove my husband from my car insurance before filing for divorce in Ohio?

I am currently separated from my husband, and although we haven't started the divorce process yet, I plan to file once I can hire an attorney. I am the primary member and payee on my car insurance policy and wish to remove my husband. We both live in Ohio. My insurance company mentioned they... View More

James L. Arrasmith
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answered on Apr 12, 2025

Ohio Pre-Divorce Insurance Modification Analysis

You maintain the legal right to modify your own insurance policies during separation prior to divorce filing in Ohio, particularly since you're the primary policyholder and your husband maintains separate vehicles registered at his...
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3 Answers | Asked in Divorce, Civil Litigation and Family Law for Ohio on
Q: Ex violating divorce decree by withholding bonus payment.

My daughter's ex in Ohio, Jefferson County, is violating the terms of their divorce decree by not paying her $3,000 from his work bonus, which he received on March 31, 2025, as stipulated in the decree. He claims there is no specific time frame for payment and promised to pay by the end of... View More

Nicholas P. Weiss
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answered on Apr 9, 2025

Thirty days from receipt of payment is pretty standard. Is he in violation of the decree? Probably. Should you take legal action until after April? Probably not. Once that timeline has passed if he still hasn't paid then your daughter should consider filing a motion to show cause.

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1 Answer | Asked in Divorce and Family Law for Ohio on
Q: Son in prison needs a divorce lawyer to start proceedings.

My son is currently in prison and needs assistance starting the divorce process. What steps should we take to find and work with a divorce lawyer who can help initiate and handle the divorce proceedings on his behalf?

James L. Arrasmith
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answered on Apr 13, 2025

To start the divorce process for your son while he is in prison, the first step is to find an attorney who handles divorce cases and is familiar with the challenges that come with incarceration. You can begin by looking online for family law attorneys in your area, or ask for referrals from people... View More

2 Answers | Asked in Child Custody, Divorce, Family Law and Domestic Violence for Ohio on
Q: How can I present my custody situation in court after my separated husband prevented me from picking up our son?

I have been separated from my husband for about three years, and we have no legal custody agreements. We agreed that our son, who is almost four years old, would spend the holidays with his father, and I would pick him up in the first week of January. When I tried to pick him up, my husband... View More

Todd B. Kotler
Todd B. Kotler
answered on Apr 2, 2025

It sounds like you really need to hire a domestic relations attorney i the city where your husband filed for divorce. While you have a right to represent yourself, I do not recommend it. This forum is for answering general questions. No attorney can teach you within a single answer each rule of... View More

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1 Answer | Asked in Real Estate Law, Divorce and Family Law for Ohio on
Q: Do I need to sign more paperwork if my ex sells our house after signing a quit claim deed?

I signed a quit claim deed to my ex for our house, and my name is still on the mortgage loan. I have not communicated with the mortgage lender, and there are no legal agreements or court orders related to the house. I signed the quit claim deed voluntarily without any conditions. Do I need to sign... View More

James L. Arrasmith
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answered on Apr 12, 2025

Since you signed a quit claim deed, you have transferred your ownership interest in the property to your ex. However, signing the deed does not remove your name from the mortgage loan. Your name is still tied to the mortgage, and this is a separate issue from the ownership of the property.... View More

3 Answers | Asked in Divorce, Family Law and Tax Law for Ohio on
Q: How can I ask for more alimony in Ohio after my divorce without incurring high legal fees?

I finalized my divorce two years ago, and part of the agreement involved exchanging taxes every two years. My ex-spouse, who now earns significantly more than when our agreement was based on an $80k salary, suggested increasing my alimony by $100 cash monthly and offering his Travel points for... View More

Kenneth L. Sheppard Jr.
Kenneth L. Sheppard Jr.
answered on Mar 27, 2025

If you are not looking to incur legal fees, then you would need to seek out whether you can file a motion to modify the Decree. You would need to read the Ohio Revised Code Section for Spousal Support and see if you can file a motion to modify. Depending on the county you live in you should also... View More

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2 Answers | Asked in Divorce, Civil Litigation, Real Estate Law and Family Law for Ohio on
Q: Can dissolution paperwork be amended for proceeds of house sale since ex failed refinance requirement?

In my dissolution, my ex-husband was required to refinance the mortgage to remove my name within two years. He has not done this, and although he attempted to refinance in September 2024, he was laid off again and the mortgage remains in my name. There was a 'late' payment reported to my... View More

Nicholas P. Weiss
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answered on Mar 26, 2025

Yes, but you may not need to do that. So long as you are satisfied with receiving your percentage of equity from the sale from the title company, then all is well.

If you really want to force the refinance, you can always file a motion to show cause. But, if he's not making enough to...
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1 Answer | Asked in Divorce, Family Law and Contracts for Ohio on
Q: Can pension division in divorce be altered years later due to new circumstances?

In my divorce, it was agreed that both parties would receive half of each other's pensions. However, circumstances have changed since the divorce: my ex-husband now receives free healthcare, while I pay a substantial amount. I was highly medicated at the time of the divorce and believe I... View More

James L. Arrasmith
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answered on Apr 11, 2025

That’s an incredibly hard position to be in, especially when your financial situation has shifted and you're living with the long-term effects of a decision made during a vulnerable time. In Ohio, pension division is considered part of the property settlement in a divorce, and those terms... View More

2 Answers | Asked in Divorce and Family Law for Ohio on
Q: I need a divorce but can't afford a lawyer. What are my options for legal assistance?

I'm looking to get a divorce in Ohio but can't afford a lawyer. I have two children, and there are no properties to divide. I'm currently working part-time. There are no existing custody or support orders, and we haven't filed yet. I'm seeking information on low-cost or pro... View More

Nicholas P. Weiss
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answered on Mar 18, 2025

Cuyahoga county domestic has on-site staff who assist with this very type of thing to help low-asset low-income people conduct unrepresented divorces. I recommend that you go there in person and seek assistance.

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1 Answer | Asked in Divorce, Contracts and Family Law for Ohio on
Q: Is my handwritten note binding in an Ohio divorce?

I signed a handwritten note detailing some terms for property separation, child support, and 401k division, intending it for a dissolution. The note was not signed by my spouse, nor was it notarized or witnessed. Later, I decided to change my stance on these terms, and my spouse filed for divorce... View More

Nicholas P. Weiss
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answered on Mar 6, 2025

Unlikely. Ohio now allows for post-marital agreements that would govern the terms of a property division in divorce but they are enforceable only in the following situations.

(A) The agreement is in writing and signed by both spouses ;

(B) The agreement is entered into freely...
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1 Answer | Asked in Divorce for Ohio on
Q: How do I file for divorce in Ohio after 9 years of marriage with no children, assets, or debts?

I want to file for divorce after 9 years of marriage in Ohio. We have no children, no assets, no debts, and I'm not seeking any specific arrangements like spousal support. How should I proceed?

Joseph Jaap
Joseph Jaap
answered on Mar 5, 2025

If you and your spouse can agree on the terms of terminating your marriage, it can proceed as a dissolution, which can be quicker and less expensive. Use the Find a Lawyer tab to consult some local family law attorneys who can review the process and answer your questions. Many offer free... View More

1 Answer | Asked in Divorce, Family Law and Contracts for Ohio on
Q: How to enforce 50% pension entitlement after divorce?

The judgment from my divorce in Ohio entitles me to 50% of my ex-wife's pension, but she recently retired and I have not yet received anything. I haven't obtained a Qualified Domestic Relations Order (QDRO) or contacted the pension plan administrator. We haven't discussed this issue... View More

Nicholas P. Weiss
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answered on Feb 28, 2025

Contact the plan administrator regarding the situation and ask if they have their own preferred QDRO, which they probably do, for the division. Draft the QDRO according to their requirements and get it approved by them. Then file the QDRO with the DR court, and give a copy of the court approved... View More

1 Answer | Asked in Divorce, Business Law, Contracts and Real Estate Law for Ohio on
Q: Can I claim equity in a house bought with my husband's military death benefit?

My husband and I have been married for a year and a half. Four months into the marriage, my stepson committed suicide while in the military, and my husband received a death benefit as the beneficiary. We used this benefit to purchase and pay off a house, with both our names on the deed, and the... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Feb 25, 2025

In Ohio, the important issue of separate property vs. marital property is the ability to trace the source of the funds. How real property is titled is not determinative of how the property is titled. Even though the funds went to your husband and then were deposited into a joint checking account,... View More

1 Answer | Asked in Divorce for Ohio on
Q: Why do I have to pay my ex spousal support if she is living with another man?
Nicholas P. Weiss
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answered on Jan 29, 2025

The terms of your divorce decree will govern this. It is common language that if an ex-spouse cohabitates with another that they are no longer entitled to support. If your decree says that, and you believe that they are cohabitating, you may ask the court to terminate spousal support.

1 Answer | Asked in Divorce for Ohio on
Q: How to start a uncontested divorce. We both agree on all property, debt, and child custody.

What paperwork do I need to start with. Weve been married for 4 years separated for about 2 years

Nicholas P. Weiss
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answered on Dec 16, 2024

If you've got everything set I'd recommend attempting a dissolution. Your county's domestic relation court will very likely have forms for this exact scenario that will allow you to dissolve your marriage if the two of you are indeed in full agreement.

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: My boyfriend has been trying to find out when he was divorced. His ex will not give him any information.

We’ve tried everything on the Internet to try and find it with no luck. She said it was in the mid 90s, but that’s all she’ll say. She lives in Ohio. He tried calling every county he could think of with no luck. What else can we do?

Nicholas P. Weiss
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answered on Oct 11, 2024

I think it's possible based on this description that he was never actually divorced. This is usually something that is pretty easy to check. She would have had to file in a domestic relations court of the county in which she resided. If you have already contacted that county's clerk of... View More

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: Can a deserting spouse who paid less on a mortgage be legally forced to reimburse the other spouse for it?

if both spouses using separate accounts paid $30,000 on mortgage and one paid 20,000 and the deserting one paid 10,000, can deserting spouse who paid less be forced to pay the extra 5000 to meet an equity division requirement regardless of profit on the sold house?

Nicholas P. Weiss
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answered on Oct 8, 2024

Potentially yes. It would require an order from the domestic relations court as to the split of equity and assets.

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: If a couple divorcing can't decide on the selling price of the home who decides who gets the right to sell it their way?

And if a court ruling is required for this and one spouse has proof that they paid more on the mortgage than the other spouse, does that give them a favorable stance in getting a ruling for them to sell it the way they want to or transfer the mortgage they want to?

Nicholas P. Weiss
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answered on Oct 8, 2024

The court decides. Paying more on the mortgage is only one of many factors that the court would use in splitting all assets, not necessarily just the equity from the house.

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: Can a deserting spouse refuse to sign a home selling agreement (Because they don't like the offer price) ?

My daughter's husband is leaving her. She can't afford to make payments on the house or buy him out. She wants to sell the house for only the mortgage balance (plus closing costs) or have someone else assume the mortgage. If the husband refuses, what legal recompense does she have if any... View More

Nicholas P. Weiss
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answered on Oct 8, 2024

Unfortunately none at the moment. She will need to file for divorce and obtain a court order as to either the transfer of the house into her name so she can sell it or an order selling the house.

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