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Ohio Divorce Questions & Answers
0 Answers | Asked in Divorce for Ohio on
Q: My attorney didn’t inform me of more documents requested for my divorce by other counsel. Now they are trying to charge

Me with contempt. I am not sure what to do as I didn’t know, and have complied with everything.

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

0 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Ohio on
Q: If I am paying child support and cash medical, do we still split the copay at the appointment?

The cash medical is fixed monthly, so the copays/balances are covered under that? She still sending copay bills to split 50/50

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

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: The opposing party's attorney is first cousins with the judge. Is this conflict of interest?

This is for a divorce case with children. We are now going in front of the judge as the magistrate just quit.

Todd B. Kotler
Todd B. Kotler
answered on Jan 28, 2024

Likely it is cause for disqualification. Ohio Jud. Cond. R. 2.11 states in material part:

(A) A judge shall disqualify himself or herself in any proceeding in which the judge's impartiality might reasonably be questioned, including but not limited to the following circumstances:...
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3 Answers | Asked in Tax Law, Family Law and Divorce for Ohio on
Q: As a custodial parent, do I have the right to claim my son for taxes even though the decree says to alternate?

When first filing for divorce, I agreed to alternate years of claiming my son on taxes with my ex. It's 3.5 years later and I have my son full-time, he has never once had him for a weekend in his home. I would not have agreed to this if I would've known I would be the one to have my son... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 26, 2024

In your situation, the IRS generally allows the custodial parent to claim the child for tax purposes. The custodial parent is typically the one with whom the child spends the majority of nights during the year. However, the IRS's rules don't automatically override the terms of your... View More

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1 Answer | Asked in Divorce, Legal Malpractice and Family Law for Ohio on
Q: If a magistrate gives my wife legal advice regarding our divorce and I have proof. Can I sue them?
Todd B. Kotler
Todd B. Kotler
answered on Jan 24, 2024

It is unlikely you can successfully sue the magistrate. In general, public officials enjoy what's called sovereign immunity. You may report the magistrate to your local Bar Association if they have truly stepped outside of their role and become an advocate for your wife. Mind you, simply... View More

1 Answer | Asked in Divorce, Family Law and Child Support for Ohio on
Q: How long does a judge have to complete a journal entry or judgement entry on the child support order case?

Everything was ordered in court but still waiting on entry

Kelly A Rochotte
Kelly A Rochotte
answered on Jan 23, 2024

Generally speaking, the judgment entry will be issued after the magistrate's decision. Generally speaking in Ohio, the court is expected to do so "timely" following an adjudicative hearing. If a magistrate is issuing a decision, you will have 14 days to file any objections to that... View More

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: My ex is ordered to pay 1/2 of health INS and has refused since 2/23. We reside in OH

The AO has since been modified to state that he carries the insurance starting in 12/23. He believes that since the order has changed, he is not liable for the 10 months he refused to pay, while under the previous order. The total owed is just over $2000.

Todd B. Kotler
Todd B. Kotler
answered on Jan 8, 2024

Since you're talking about the enforcement of a specific order, it's not possible to render in general education about that. Does the new order contain language settling and releasing your ex-husband from his obligations? What does the old order say about potential defaults? The specific... View More

1 Answer | Asked in Divorce for Ohio on
Q: i missed replying within the 28 day of being served for divorce. Is there any way i can still contest?
Todd B. Kotler
Todd B. Kotler
answered on Jan 4, 2024

Yes, hire an attorney in the county in which the divorce was filed. That attorney will enter a notice of appearance and file a notice for stipulation of leave to plead, and an Answer. That should be sufficient to contest the allegations in the complaint.

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: I want to file a divorce Im not happy dont want to be obligated for his lottery winnings esp when got nothing

How much would it cost or where can I file for free

Todd B. Kotler
Todd B. Kotler
answered on Jan 4, 2024

The filing fees for a divorce vary from county to county. You need to contact the clerk of courts for the domestic relations court in the county in which you've resided for the past 90 days assuming you have been in the State of Ohio for at least six months. If that cost is unduly burdensome,... View More

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: My dissolution was final a couple of weeks ago. While still married my husband gave the woman he was seeing $20,000.

As this money was a marital asset, is it too late to try to get any of it back?

Todd B. Kotler
Todd B. Kotler
answered on Dec 28, 2023

In order to fully answer this question, an attorney will need to review the dissolution paperwork, including the separation agreement. Was this 20,000 that you mentioned actually listed in the affidavits accompanying the petition for dissolution? Was it mentioned in the separation agreement? Is... View More

2 Answers | Asked in Divorce, Family Law and Child Support for Ohio on
Q: If a noncustodial parent gives up parenting time, do they still pay the same amount of child support?

My ex-husband is choosing to give up his weekly parenting time due to conflicts with our teenagers. Does he need to continue to pay child support, and if so, does that amount change?

Todd B. Kotler
Todd B. Kotler
answered on Dec 16, 2023

This isn't a simple yes or no question. Parenting time factors into child support. However, to know if it is going to impact your support one would need to analyze your current support calculation. It would be worth your while to invest in actual time with a local attorney.

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1 Answer | Asked in Divorce and Family Law for Ohio on
Q: I live in Pataskala, can I get a divorce or dissolution in Franklin county?

He said his attorney can get us through Franklin because he works in Franklin county. Also said i would only get 42% of his retirement plan.

Todd B. Kotler
Todd B. Kotler
answered on Dec 9, 2023

Not enough facts to properly evaluate. If there are children, the county with jurisdiction will be where the children have been for the past 90 days (assuming they have been in the state for 180 days). A spouse typically gets 1/2 or the Marital Portion of the retirement plan. The marital portion... View More

1 Answer | Asked in Divorce for Ohio on
Q: Can I go after my ex husband for money he owes me from a year ago in our dissolution/divorce decree?

Ex husband agreed to pay half of the dissolution cost, which had to pay in 30 days. It's been a year, and I have attempted multiple times to get him to pay me.

Todd B. Kotler
Todd B. Kotler
answered on Nov 21, 2023

If the facts are as you state you and your lawyer should file a motion to enforce the agreement/decree. The way this was written is important so DO review this with your attorney.

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: What is motion is moot in a dissolution case
Todd B. Kotler
Todd B. Kotler
answered on Nov 11, 2023

A mooted motion is one where the requested relief is no longer neccessary. Typically it is where the person bringing the motion already has the thing for what has been asked. For example, if one had a motion for a return of a particular car and the respondent to the motion returns it before a... View More

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