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Ohio Divorce Questions & Answers
2 Answers | Asked in Divorce and Family Law for Ohio on
Q: My huband said he filed for a divorce in February of this year 2024.

My husband said he hired an attorney in the beginning of February, he told me his attorney would write up the papers then email to him so he could look over them before signing. My husband then told me his attorney was going to mail me the papers so I could then look at them and if I did not agree... View More

Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 3, 2024

It sounds like your husband has hired an attorney on a limited representation basis. That is, the attorney is just drafting documents, but your husband is handling the rest. If that's the case then this does sound above-board.

You do not need to wait any time at all if you want to...
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1 Answer | Asked in Divorce and Child Custody for Ohio on
Q: I am getting ready to file for a dissolution. Our truck is a lease in my name only. Who's truck is it?
Todd B. Kotler
Todd B. Kotler
answered on Apr 2, 2024

The truck belongs to the dealership or whichever lender has the actual title to it. It is a monthly expense to whoever is paying on it.

1 Answer | Asked in Divorce and Civil Litigation for Ohio on
Q: How long do I have before I have to leave the home after a divorce ?
Todd B. Kotler
Todd B. Kotler
answered on Apr 1, 2024

That is determined by the court. Either that, or at whatever date you and your former spouse are able to agree upon.

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: Hi there, my question what is the law on me leaving are home do I forfeit any rights to it?Thanks: Peggy D.
Todd B. Kotler
Todd B. Kotler
answered on Mar 30, 2024

Not enough information in this question to really answer. If you rent are you on the lease? If you own the home are you on the deed? If the answer to these questions are that you're on neither a lease nor a deed, then there are some potential issues. If you are on either the lease or the deed... View More

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: Am I able to discard my ex husbands property? He had 60 days from divorce in December 2022.

The divorce states that I am to reside in the rental home, but no other information about his belongings in the decree. It was an uncontested divorce, he did not show up.

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 15, 2024

In situations like yours, it's important to approach the disposal of your ex-husband's belongings with caution. Given that he had 60 days from December 2022 as per the divorce decree and assuming this time has elapsed, the next steps depend on the laws of your specific state or country.... View More

1 Answer | Asked in Divorce, Estate Planning and Family Law for Ohio on
Q: In the state of Ohio If me ex wife is remarried or if I filed bankruptcy on her, is she still entitled to the payment
Todd B. Kotler
Todd B. Kotler
answered on Mar 16, 2024

Without more context this question is impossible to accurately answer. If the payment is spousal support it depends on the wording of the decree. Generally, domestic relations support orders are not dischargeable in bankruptcy. The remarriage may be a termination of support, but only if... View More

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: If we were never married and the house is in both of our names - can he sell it without my permission.

He left 16 months ago and took nothing with him

Todd B. Kotler
Todd B. Kotler
answered on Mar 11, 2024

No, he cannot. All owners must sign a deed in order to convey clear marketable

1 Answer | Asked in Divorce for Ohio on
Q: Are there pro bono lawyers for help with divorce? My spouse has already filed but I cannot afford legal representation.

I do have a restraining order on him and he is the breadwinner of the home.

Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 6, 2024

You are going to have better luck seeking out an attorney who is willing to be paid by the other side then someone pro bono. In divorces where there is a significant income difference between the parties, the court can order the breadwinner to pay some or all of the attorney fees of the lower... View More

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

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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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

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