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Ohio Divorce Questions & Answers
0 Answers | Asked in Divorce for Ohio on
Q: Is my ex husband allowed to make a tik tok of our divorce? He showed the paperwork, my name, and commented my FULL name

In The comments. All WITHOUT consent and I feel a huge invasion of privacy especially since thousands of people have seen it.

1 Answer | Asked in Civil Litigation and Divorce for Ohio on
Q: My ex-wife and I still own a house together. She is refusing to pay any amount of the mortgage. What can I do

We bought the house, in North Carolina, shortly after getting married. Our jobs moved us out of state and we rented the house out on a 5 year lease with option to buy. The renters didn't buy, but still living there without paying rent (another legal issue in progress), and my now ex-wife is... Read more »

Joseph Jaap
Joseph Jaap answered on May 13, 2022

Your divorce decree should have specified what was to happen to that house, who was to pay mortgage, expenses, etc. If ex is not complying with the decree, then you can file with the court that issued your divorce decree and ask the judge to order her to comply and to hold her in contempt if she... Read more »

2 Answers | Asked in Child Custody, Child Support and Divorce for Ohio on
Q: Want Divorce from alcoholic husband. Together we have 3 daughters and he refuses leave! What are my options?

Married 12 years.

His unpredictable behaviors are escalating, now having people over 4 nights a week, until 2am most times. I am a professional with a demanding schedule and will need a nanny afterwards. I'm very on edge lately not sleeping, worrying about the safety of myself and... Read more »

Raquel Ann Parish
Raquel Ann Parish answered on May 9, 2022

There are situations where the parties will need help from the court to make decisions about the marital home and marital property at the very beginning of the Divorce case. Courts in Ohio use temporary orders to give the parties a set of rules which they must follow while the Divorce case is... Read more »

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2 Answers | Asked in Divorce for Ohio on
Q: Divorce question.

My wife and I are seperated and getting a divorce. She has offered to settle out of court with her getting 20% of my income. She says I should take the deal because if we go to court she will be granted 33% automatically. She's claims to to have medical conditions that won't allow her to... Read more »

Joseph Jaap
Joseph Jaap answered on Apr 29, 2022

If a person claims they cannot work, that is one issue that a court could consider, and could require proof. Otherwise, the court could assume how much income that person should be able to earn in calculating spousal support amounts. There is no "automatic 33%" formula. Each case is... Read more »

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2 Answers | Asked in Divorce and Domestic Violence for Ohio on
Q: Filed for divorce on 3/17 and served summons to spouse in jail for domestic violence charges against me..

It's been over 30 days.. is there a way to expedite this divorce?

Raquel Ann Parish
Raquel Ann Parish answered on Apr 22, 2022

Divorce hearings are set generally once the clerk receives proof of service. The opposing party has 28 days to file an answer and can file a counterclaim and/or other motions. When parties are not seeing any hearing date and it has been a reasonable time for the clerk to process the proof of... Read more »

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2 Answers | Asked in Family Law and Divorce for Ohio on
Q: Dividing marital assets-does using dividend checks jointly make the principal amount on an inheritance community prop.?

The inheritance was left in one spouse’s name and in separate investment account. Quarterly dividend checks have sometimes been used for items for both spouses. Principal never been cashed or moved.

Raquel Ann Parish
Raquel Ann Parish answered on Apr 19, 2022

Ohio is not a community property state. Pursuant to Ohio Revised Code 3105.171 the Court must make an equitable division of all marital property. The Ohio code states that marital property does not include any separate property and that separate property can be found if one spouse has received an... Read more »

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1 Answer | Asked in Landlord - Tenant and Divorce for Ohio on
Q: Can I evict my husband if he moved out two weeks ago an lives in another town in ohio

My house in owned an in my name. If not can any other measures be taken to keep him from destroying my house there has been nothing filed but he has takin residence in another home

Raquel Ann Parish
Raquel Ann Parish answered on Apr 12, 2022

Ohio courts can make orders when parties are in the process of a divorce and they need to get rules in place quickly such as who will remain in the marital home or pay certain debts. As part of the court's temporary orders one party can be ordered to vacate the marital home and forced to find... Read more »

2 Answers | Asked in Divorce for Ohio on
Q: Hello: According to Ohio law, what is considered a school fee? Is there a location to find the definition?
Joseph Jaap
Joseph Jaap answered on Mar 29, 2022

A local court or judge might have given an opinion on what it includes in that term. If not, then the parents will have to try to work it out. Check if the parenting agreement requires mediation before going to court. If mediation doesn't resolve it, then file with the court for the judge to... Read more »

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2 Answers | Asked in Divorce, Family Law and Child Custody for Ohio on
Q: If my children are in a different time zone than what our court order states- what time zone do we follow?

Our court order states “ Father shall be permitted to have contact with the children by phone,

Instagram, Facetime, skype or similar electronic media a minimum of three

times per week for a maximum of up to one hour. The days and times may be

agreed upon by the parties. If... Read more »

Raquel Ann Parish
Raquel Ann Parish answered on Mar 28, 2022

The history of the parties plays a big role in how they conduct and carry out the terms of a shared parenting plan or child custody visitation order. Given the complexity of any case with a GAL etc there must have been some temporary orders in place while the case was pending. How were phone and... Read more »

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1 Answer | Asked in Child Support, Divorce and Family Law for Ohio on
Q: How can I get some one on one advice on the forms I need to go about getting a divorce and the reasons?

My husband is being non cooperative, he controls all the money, basically lives in another state comes home for 3 days out of a month! Leaves all the responsibilities of our 3 children on me, doesn’t spend any time with them or me, I ask that we sit down and discuss the matter of separating or... Read more »

Joseph Jaap
Joseph Jaap answered on Mar 22, 2022

If he won't cooperate, then you will have to get an attorney and do the divorce yourself. Use the Find a Lawyer tab to talk to some local family law attorneys and then hire one to represent you through the divorce process and to answer questions about custody, child support, spousal support,... Read more »

1 Answer | Asked in Family Law and Divorce for Ohio on
Q: Am I legally married? A friend of his performed the wedding just found out that he was not registered with the state.

A friend performed the wedding and I just found out that he was not registered with the state at the time. I'm not sure if anyone was aware of it at the time. He didn't register until 2 years afterwards. I want a divorce now i am not sure if I should file for an annulment instead. There... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on Mar 21, 2022

You are very likely still legally married and would need a divorce, not an annulment.

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: my wife and I jointly own a car. She is taking it to Indiana. As co-owner can i legally refuse to let her drive it?
Nicholas P. Weiss
Nicholas P. Weiss answered on Mar 15, 2022

No. If you want her to remain in Ohio you will need to file for divorce and seek a restraining order preventing her from taking marital property outside of the state. Absent a court order you cannot prevent her from driving the car.

2 Answers | Asked in Divorce and Family Law for Ohio on
Q: I've been separated from my husband for 7 years and I'm not sure if I need to file for divorce or dissolution

Our children are grown we have no real estate we have nothing to fight them out I mean he has some of my parents things that I want back but other than that I do believe he'll sign the papers with no problems we both want to move on I'm on disability and I cannot afford a full-blown... Read more »

Bridget Sciscento
Bridget Sciscento answered on Mar 7, 2022

You can likely file for a dissolution. A dissolution is where the divorcing parties agree on everything before asking the Court to end their marriage. Most counties have packets that a couple seeking a dissolution can fill out, and many counties have help desks that can help you complete the... Read more »

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1 Answer | Asked in Divorce and Real Estate Law for Ohio on
Q: Do I have to pay an old lien on my ex's house?

He was awarded the house but my name stayed on the deed and mortgage for one year because he did not qualify to take over the payments. He wants to sell the house and found out that a lien (we did not know about previously) was placed against the house during our marriage for debt in my name.... Read more »

Joseph Jaap
Joseph Jaap answered on Mar 7, 2022

In a divorce, it is important to check real estate titles to find any liens that might have been filed. He won't be able to sell the house without somebody paying the lien to get it released. If he wants to sell the house, he could pay the lien, and then file with the court to determine if... Read more »

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: Closing Joint Bank Accounts?

Fairfield County, OH: My wife had our son file for a Protective Order. April 2021 he was 17 and Sep 20 he turned 18. He graduates in May 2022. He was granted 3 years. He enjoined my wife and his sister in the order. According to the PO electronic communication is a violation of the PO. My wife... Read more »

Raquel Ann Parish
Raquel Ann Parish answered on Mar 11, 2022

The answer to this question depends on whether or not you have temporary orders in an active Divorce case. Sometimes court put orders into place to prevent parties from making changes to joint accounts such as removing funds and closing accounts. If there is no current court order in place... Read more »

1 Answer | Asked in Divorce for Ohio on
Q: I'm in need of a divorce. My husband lives in another state. what do I do

We have children but not together.

Joseph Jaap
Joseph Jaap answered on Feb 28, 2022

You can file a divorce in your OH county of residence if you have lived there 3 months and in OH 6 months. It does not matter if your husband lives out of state. If he will agree to everything, you can proceed as a dissolution, but he would have to come back for the hearing. If not, then you can... Read more »

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: My husband moved out a year ago from our home in Ohio, he has now moved to Florida, he left alot of stuff here

What can I do with his stuff he left, he refuses to help with marital assets because he sends all his money overseas to a girl in the phillipines

Joseph Jaap
Joseph Jaap answered on Feb 24, 2022

Any money he sent overseas might be identified, and he could be required to include it in the division of marital assets. Use the Find a Lawyer tab to retain a local divorce attorney who can review all the facts of the situation and advise you of your options.

1 Answer | Asked in Divorce for Ohio on
Q: Getting a divorce after 29 years, the home we lived in together is not in my name do I have any rights to the home

Is 401k an asset that has to be split

Joseph Jaap
Joseph Jaap answered on Feb 15, 2022

Since you are married, you have rights in the marital home even if your name is not on the deed. You can also make a claim for spousal support. A lawyer can explain all your rights in a divorce. Use the Find a Lawyer tab to retain a local family law attorney to represent you.

1 Answer | Asked in Divorce, Child Custody, Child Support and Civil Rights for Ohio on
Q: Can I take my baby mom to court so that I could claim my kids on taxes every other year?

They live with her but I am a very present father. I do more for them than I do for myself. Anything they need I always buy.

Nicholas P. Weiss
Nicholas P. Weiss answered on Feb 3, 2022

If you pay child support, you may be able to make an argument to claim one or more of the children, but it will be a fact-determination by the court.

2 Answers | Asked in Divorce, Family Law and Child Custody for Ohio on
Q: I want to know if we have a chance at obtaining custody

Me and my fiance live in ohio and he is going through a divorce. His ex is dating someone who has past domestic cases that are ten plus years old but he threatened us in November which was reported to the local police and we also believe they may be using drugs because she is acting differently... Read more »

Joseph Jaap
Joseph Jaap answered on Feb 1, 2022

A judge makes custody decisions in the best interest of the child, based on all the evidence properly presented in court. A judge can consider past problems, convictions, drug use, rehab, financial issues, work issues, living situation, etc., as well as current circumstances of both parents and... Read more »

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