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Ohio Divorce Questions & Answers
0 Answers | Asked in Divorce and Domestic Violence for Ohio on
Q: If my spouse plead guilty to domestic violence, could he be awarded alimony in a divorce?

The incident was in 2020. He plead guilty in 2020, never moved back in with myself and our children, and I filed for divorce after he was absent for a year.

2 Answers | Asked in Divorce for Ohio on
Q: If I purchased a home in Ohio before marriage, do I get to keep the home in a divorce?
Joseph Jaap
Joseph Jaap
answered on Sep 19, 2022

Possibly, but the home would be considered marital properly, so your spouse could be entitled to some portion of its equity in the division of marital property in a divorce. It depends on whose funds were used to pay for maintenance, insurance, etc. for the home and other factors, and all the... Read more »

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1 Answer | Asked in Divorce for Ohio on
Q: My adult granddaughter has a court date for Sept. 9th to finalize her dissolution of marriage, in Greene County Ohio.

The court says if he does not show on court day, they cannot do anything. The husband just informed my granddaughter that he is moving to Kentucky. He says he will be there for court, but we know better. What can she do to get this uncontested, all signed, in agreement, dissolution done on court... Read more »

Raquel Ann Parish
Raquel Ann Parish
answered on Sep 1, 2022

In order for a Dissolution in Ohio to be finalized both parties must sign all documents and appear to give their consent to the Dissolution at the Dissolution hearing. Some counties allow Zoom, Whatsapp or Bluejeans video attendance if one party cannot appear in person. Parties should contact the... Read more »

1 Answer | Asked in Divorce, Family Law, Real Estate Law and Landlord - Tenant for Ohio on
Q: I need help I'm homeless and low income. Illegal lock out and She lied on equity at the divorce. I had no lawyer

Divorced 9/07/2021 in Ohio she was awarded the house but never finished the quick deed. I never signed a quick deed.My name is on mortgage and as of now it is still on the deed. She can't refinance cause she bought a new car after the divorce. The morgage company keeps calling due to missed... Read more »

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

Parties to a Divorce can file a Motion under Ohio Rules of Civil Procedure 60 B to request the court to grant relief from a Divorce or Dissolution judgment or order. Motions can be filed based on mistakes; inadvertence; excusable neglect; newly discovered evidence; fraud; etc. The motion shall be... Read more »

1 Answer | Asked in Divorce for Ohio on
Q: Ex refuses to communicate with me about switching her loan to me as specified in divorce decree. It’s been 3 years.

Ohio

Parent plus loan she took out.

Decree states we work together to switch it into my name in a timely manner. Options?

Joseph Jaap
Joseph Jaap
answered on Aug 15, 2022

Your divorce decree might require mediation of any disputes. But if that doesn't work, then you could file with the court asking to have her held in contempt if she does not comply. Talk to your divorce attorney or use the Find a Lawyer tab to retain a local family law attorney.

1 Answer | Asked in Divorce, Family Law and Small Claims for Ohio on
Q: My ex and i have a suv together. He took it from me while i was at work. Can I take it back in the same manner?

4 years ago we bought the suv together. 2 years ago I found him cheating, and kicked him out. He kept the car we paid off, and I drove (and paid for) that one. The other night I was at work, and he came and took the car. He sent me a text message saying he had it and to not report it stolen. He... Read more »

Joseph Jaap
Joseph Jaap
answered on Aug 1, 2022

It depends on if he is an ex-boyfriend or an ex-spouse. If he is an ex-spouse, then the divorce decree and property separation agreement determine who gets the vehicle. But an unmarried couple does not have the same legal process for dividing a vehicle as in a divorce when they split up. If he... Read more »

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: My married was ended via dissolution. Agreed for wife to have the house. Now it's being sold. Do I get any of that mone?

I was under the impression that she was only living in the house while I moved out. It wouldn't make any sense for me to just give her the house and not get any return on the money I invested into it. Cuyahoga County. Ohio.

Joseph Jaap
Joseph Jaap
answered on Jul 30, 2022

You might not be entitled to any payment. It depends on what terms were specified in your property separation agreement that was part of the dissolution, and if any equity or proceeds of sale were to be shared. Talk to the attorney who handled your dissolution. If you didn't have an... Read more »

1 Answer | Asked in Divorce for Ohio on
Q: We want a divorce because we just don’t want to be married but don’t want to go to court, is this possible and fast?

We have no property and don’t want anything from each other. We have a 14 and 15 year old and work out with visitation just fine nonissues for two years now.

Raquel Ann Parish
Raquel Ann Parish
answered on Jul 7, 2022

Parties seeking an uncontested Divorce with children or a Dissolution with children in Ohio must write out their agreements for the court to order a termination of the marriage. The agreements to terminate the marriage with children must include property division, a parenting plan and child... Read more »

1 Answer | Asked in Divorce for Ohio on
Q: I got married over the phone in 2018 in prison I’m in a halfway house trying to get a divorce but

The woman is acting really suspicious and constantly delaying won’t send me the paperwork I keep asking for to get the divorce going. I don’t even know if I’m actually married it was all done over the phone I called her and she three-way called another woman that was supposedly the one that... Read more »

Raquel Ann Parish
Raquel Ann Parish
answered on Jul 6, 2022

Pursuant to Ohio Revised Code 3101.08 describes who can marry people an ordained or licensed minister of any religious society or congregation within this state who is licensed to solemnize marriages, a judge of a county court in accordance with section 1907.18 of the Revised Code, a judge of a... Read more »

1 Answer | Asked in Divorce for Ohio on
Q: Can I fire my attorney for my divorce case? This is in Ohio

We have pre-trial next week and trial next month

Raquel Ann Parish
Raquel Ann Parish
answered on Jun 27, 2022

Clients are free to fire their attorney at anytime and can do so in writing to inform of the decision and to request that no further work be done on the case. It is highly suggested that prior to doing this clients consult another attorney who can potentially take over the case since there might... Read more »

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: If the wife committed adultery, how can the husband go about ending the marriage with no spousal support in final ruling

My wife cheated on me no longer than 7 months ago. We are still legally married with no legal separation. We are no longer living together as of a week ago. There are a lot of things regarding finances and property her and I are going over. However, I am curious as to how her betrayal benefits me... Read more »

Raquel Ann Parish
Raquel Ann Parish
answered on Jun 20, 2022

Pursuant to section 3105.171 concerning equitable division of marital and separate property - distributive award in Divorce the Ohio Legislature has ruled the court shall provide for an equitable division of marital property prior to making any award of spousal support to either spouse and without... Read more »

1 Answer | Asked in Divorce for Ohio on
Q: Me and my wife been separated for 7 yrs and we don't really talk anymore I'm just trying to figure out to get divorced
Joseph Jaap
Joseph Jaap
answered on Jun 9, 2022

If you have been separated that long, and if you have already divided your property and assets, then you could terminate your marriage by filing for a dissolution -- but you both have to be able to agree on everything. Otherwise you file for divorce. Use the Find a Lawyer tab to talk to a local... Read more »

1 Answer | Asked in Divorce for Ohio on
Q: Where can I find a separation agreement that says I want a dissolution of marriage?

When I go on the website there's only one separation agreement and there isn't a place for me to say it's for a dissolution. I'm not sure where to find the one I need. And if I'm supposed to use that one I'm not sure how I'm supposed to say it's for a... Read more »

Nicholas P. Weiss
Nicholas P. Weiss
answered on Jun 15, 2022

It does not need to say it's for a dissolution. In either a divorce or dissolution by agreement the separation agreement is only a part of the total judgment that divides assets and debts between the parties.

1 Answer | Asked in Divorce and Child Custody for Ohio on
Q: I am trying to file for divorce, we agreed to do a dissolution and certain days for the father to see our son.

The father then got on drugs and rarely saw my son. He went to jail in november 2021, then to rehab and is now in a transitional housing unit, and still rarely seeing or contacting him. Is there anything I can do to fight this, besides getting a lawyer due to me having no job,as i am a stay at home... Read more »

Raquel Ann Parish
Raquel Ann Parish
answered on Jun 7, 2022

Waverly Family Legal Aid & Pro Bono Services

Ross County Rural Victims Assistance Program

(740) 702-3190

28 N. Paint Street

Chillicothe, OH 45601

Family and Domestic Violence

OR

Southeastern Ohio Legal Services

(740) 773-0012...
Read more »

1 Answer | Asked in Divorce for Ohio on
Q: My 80 yr old mother receives monthly payments as a result of a divorce over 20+ years ago. Her ex passed away this year.

She was told that her payments each month will be reduced if she did not produce an original death certificate. Her ex-husband remarried . Is it possible for her to request a death certificate or not? She does not own or use a computer so I am asking the question on her behalf.

Joseph Jaap
Joseph Jaap
answered on Jun 6, 2022

A death certificate is a public record. She can request one from the county office in which it was filed by calling them and finding out how to submit a request and the amount of the fee.

1 Answer | Asked in Divorce for Ohio on
Q: I’m filling out a certificate of assignment for my dissolution but we have NO minor children. How do I fill this out?
Raquel Ann Parish
Raquel Ann Parish
answered on May 30, 2022

Pursuant to Ohio Revised Code 3105.171 A division or disbursement of property or a distributive award made under an Ohio Divorce is not subject to future modification by the court except upon the express written consent or agreement to the modification by both spouses. This means a final order... Read more »

1 Answer | Asked in Divorce for Ohio on
Q: I am 66 and about to retire and work three days a week. I am also getting a divorce. I have already moved into my own.

My husband gets a pension from Ford motors. Now I have heard that I may be able to receive a part of that pension. We have been married 12 years. If this is true, will it be taken from his existing pension or not. If not, what steps do I take in order to receive this benefit. I could really... Read more »

Raquel Ann Parish
Raquel Ann Parish
answered on May 26, 2022

Pursuant to Ohio Revised Code 3105.171 a division or disbursement of property or a distributive award made by Divorce is not subject to future modification by the court except upon the express written consent or agreement to the modification by both spouses. This means that the final order... Read more »

2 Answers | Asked in Divorce for Ohio on
Q: My divorce got finalized a few months ago. I just found out he was hiding money. Is there anything I can do ?

He left 7 cents in the joint account where my paychecks went to and made it seem like he was broke and struggling. He had over $20,000 in one of his accounts. I’ve been having car problems, driving an hour to and from work and ended up moving a few hours away because he kept harassing me, would... Read more »

Raquel Ann Parish
Raquel Ann Parish
answered on May 25, 2022

The Ohio Rules of Civil Procedure Rule 60 provides grounds for filing motions to request a new trial after a Divorce Decree has already been granted. Failure to disclose certain assets is grounds to claim fraud and possible perjury. However, the Court may not grant the motion if there is a finding... Read more »

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