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Ohio Divorce Questions & Answers
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

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: OH dissolution, is it ok to leave spouse's name on bank loan if it's spelled out in the dissolution who is responsible?
Todd B. Kotler
Todd B. Kotler
answered on Oct 31, 2023

OK? What do you mean by "OK"? Will you get arrested? No. But simply leaving the agreement that one spouse is responsible will not be enforceable against the lender or loan servicer. It is only enforceable against the responsible spouse. It is better to get the responsible spouse to... View More

1 Answer | Asked in Divorce, Child Custody and Family Law for Ohio on
Q: Can a modified judgement entry for parenting be enforced if it wasn’t signed by either party or the magistrate?

I have an agreed judgement entry that defines my ex’s visitation. We went to court to modify it with a new agreed judgement entry. It was not signed by the magistrate or us because there are issues with it. However I expected it to be edited and gave him his modified weekend with the kids. 2... View More

Todd B. Kotler
Todd B. Kotler
answered on Oct 25, 2023

The only entry that can be enforced is one signed by the Judge and filed with the court. Anything that has not been filed is invalid. In some instances a signed copy is filed with the court and unsigned copies are time stamped at the same time as "service" copies which are for... View More

1 Answer | Asked in Divorce for Ohio on
Q: my wife of 2 months took my car without permission shes not covered on the insurance and she knows she is not allowed to
Todd B. Kotler
Todd B. Kotler
answered on Oct 19, 2023

I am not sure i see where the question is. Has some damage occurred as a result? Why have you not added your wife as a driver? What do you mean by "allowed" are you referring to insurance or yourself?

1 Answer | Asked in Tax Law, Child Custody, Child Support, Divorce and Family Law for Ohio on
Q: In divorce creed dated in 2015, Father was entitled to daughte as tax exemp as long as child spp and medic were current.

Hi, I had a simple question about claiming my daughter on my taxes. I have been her sole guardian since May 2021 when child support stopped. I am also on three of her college loans and make monthly payments on all of them. I provide her with all essentials such as room/board, toiletries, food,... View More

Kelly A Rochotte
Kelly A Rochotte
answered on Oct 18, 2023

If your daughter has her own income by which she's paying taxes, you can claim her on your own tax return but will also need to acknowledge the income she's receiving. It will be imputed as income to your household for the purposes of tax assessment. Simply paying on her loans does not... View More

1 Answer | Asked in Divorce for Ohio on
Q: In my divorce, if my ex husband sales the rental house we had I get $5,000. I found out he has sold it but never told me

I’m sure he forgot about it. But it’s written in our divorce documents. What do I do to get the money from him?

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

Try writing him first and point out the particular clause and its location within your Separation Agreement. If he is not cooperative, your attorney will ultimately have to file a Motion to Enforce the agreement.

3 Answers | Asked in Divorce and Family Law for Ohio on
Q: can a judge have a husband's life insurance put into the name of his ex wife?

Wife was already listed as the beneficiary. Due to this a supplemental amount was canceled due to nonpayment because of the name change. This was a loss of $70K. Payments were to stop if she remarried and that was not reported. The ex is receiving 1/2 of husband’s pension through division of... View More

John Michael Frick
John Michael Frick
answered on Sep 30, 2023

A life insurance policy is marital property if the owner of the policy is married and can be awarded to either spouse in the event of a divorce regardless of which spouse’s name is “on the policy.”

But I have never heard of a court awarding a life insurance policy purchased by a party...
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2 Answers | Asked in Divorce and Family Law for Ohio on
Q: I am finally filing for divorce based on abuse, and theft. Would it be pointless to file alimony? I was used and abused.

I paid for everything with promises to pay me back but never did. He stole my car and everything in my apartment was stolen. Not to mention the facts that he blacked me eye swollen shut for 3 weeks, busted my mouth open and made me strip so he could search me.

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

Your story is incredibly sad and it sounds like you will be better off without this guy. You should contact an attorney in your area to represent you as you present complex facts. Generally, everything you bring into a marriage remains your separate property. Any bills you paid and incurred... View More

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1 Answer | Asked in Divorce and Family Law for Ohio on
Q: Can you someone help me with a dissolution with children, little to no income

My husband and I have been living apart for almost 5 years now. He lives in Pennsylvania and I live in Ohio he has physical custody of our son. I need help with getting a dissolution we share no assets. I need financial aid help in getting a dissolution. I have little to no money to do so. Since... View More

Todd B. Kotler
Todd B. Kotler
answered on Sep 5, 2023

The Wayne County Domestic Relations Court has resources for parties of modest means. Go to this URL https://www.waynecourtofcommonpleas.org/resources/domestic-relations-templates

You will need to submit the first 4 affidavits, a petition for dissolution, a poverty affidavit / motion to...
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1 Answer | Asked in Divorce and Family Law for Ohio on
Q: Wife trying to get unjustified tpo and kick me out with nothing. What are my options

I'm 44, with mental and physical disabilities. she has been my 100% provider for 10 + years, we have 2 children. She has been denied twice I believe but now it goes to court.

Todd B. Kotler
Todd B. Kotler
answered on Sep 4, 2023

You need to get counsel ASAP. Appear at the first hearing and at least ask for a continuance so you can retain counsel. In order to get a DVCPO your wife will need to demonstrate by a preponderance of the evidence that there is sufficient evidence of immediate and present danger to her, her... View More

1 Answer | Asked in Appeals / Appellate Law and Divorce for Ohio on
Q: In an Ohio divorce, can a motion for relief from judgement be filed by a party after an appeal by the opposing was filed

Courts made their own journal entry for divorce based on an MOU we filed with the court. Parties were supposed to draft own entry but battled on the language and hidden items. Ex has appealed based on abuse of discretion, changes to agreement. She is battling a contingency clause she specifically... View More

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

The time to file a relief from judgment would have been before an appeal was filed. Under these facts i do not think such a motion would be successful.

2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Ohio on
Q: If I am summond to court for divorce how can I get help with an attorney if I do not have funds and she has one
T. Augustus Claus
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answered on Aug 28, 2023

If you are facing a divorce and cannot afford an attorney, there are resources available to help you navigate the legal process. Many states have legal aid organizations that offer free or low-cost assistance to individuals who meet certain income criteria. These organizations can provide guidance... View More

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1 Answer | Asked in Divorce, Domestic Violence and Legal Malpractice for Ohio on
Q: What if my divorce attorney failed to ask the court for a default divorce and instead dragged out the divorce 2 years?

I filed for divorce in October of 2020 and my husband didn't get an attorney nor file an answer until March 2021. My attorney charged me hourly and I just found out about defendants needing to respond in 28 days or there is a judgment by default. My husband was sent to prison for abusing me... View More

Todd B. Kotler
Todd B. Kotler
answered on Aug 25, 2023

Based upon your facts as stated, you may have an action against your former counsel. You have a one year statute of limitations to file. You should have your file reviewed by an attorney who specializes in malpractice. This forum is no substitute for hiring a lawyer.

1 Answer | Asked in Divorce, Child Custody and Child Support for Ohio on
Q: I worked PT for my entire 10 year marriage to my ex. We have two kids (11 &7). Will they impute my income if I review?

My ex is active duty Army, and stationed in GA. Although we have a shared parenting plan, I have our children 90% of the time. Between school, sports, and extracurriculars working part time is hard enough. I worked part time for the entirety of our marriage (10 years), so that I could still parent... View More

Todd B. Kotler
Todd B. Kotler
answered on Aug 23, 2023

It is certainly possible for a court to impute income. It is at the court's discretion. You make compelling arguments as to the limits on your availability. There are many factors that can be considered by the Court.

In Ohio, child support is determined following state guidelines...
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