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Ohio Divorce Questions & Answers

1 Answer | Asked in Child Custody and Divorce for Ohio on

Q: is it legal for me to keep my child from her father? we are still married. He’s in and out of jail every couple of month

I left my daughters father 3 years ago and I’ve been controlled my him ever since. He has anger issues and he is an alcoholic. He’s been in jail 3 times this year. I have worked with him to agree on when each of us see her but recently he went back to jail for child endangerment/DUI. He’s out... Read more »

Joseph Jaap answered on Sep 3, 2019

If there are not court orders, it is not illegal for you to keep your daughter for her safety. The divorce process will sort this out. Do not delay in filing the divorce, and ask the court for temporary custody until the divorce process is concluded. The court can require any visits with him and... Read more »

1 Answer | Asked in Divorce for Ohio on

Q: Marital Settlement Agreement

In my marital agreement, my ex-husband was to pay for all my daughters education and supply her with reliable transportation . He stopped paying tuition approximately 1 year ago and and recently taken back the car he provided to my daughter. In our agreement, I gave him the house. This past... Read more »

Joseph Jaap answered on Aug 30, 2019

If ex is not following the terms of the agreement, then you can file with the court to have him held in contempt. But check the agreement first, because some require mediation before filing for contempt. Use the Find a Lawyer tab to retain a local family law attorney to assist you.

1 Answer | Asked in Child Support, Divorce and Family Law for Ohio on

Q: I fathered a child with a married woman. The child has his name and they are now getting divorced. Child support?

They decided independent of this revelation to get a divorce. They have 2 children and got a paternity test for both during divorce proceedings and the eldest is his, the younger is mine. The younger has his name and has been his child legally since birth. Who is more responsible for the child's... Read more »

Joseph Jaap answered on Aug 30, 2019

If you are established as the father, the mother can file for child support from you.

1 Answer | Asked in Divorce and Family Law for Ohio on

Q: My husband son and i have been living with his sister and husband.

My husband and I are now getting a divorce as is his sister and husband. My husband and his sister have moved out and i am still living there with our son. Can he use me living with his sisters soon to be ex husband against me in court to say im an unfit mother?

Joseph Jaap answered on Aug 19, 2019

He can provide information about the care and support you provide for your child and your living situation. The court would evaluate that, along with all the facts and circumstances properly presented to to the court as evidence, and the court would decide what is in the best interest of your... Read more »

1 Answer | Asked in Divorce for Ohio on

Q: if my husband is incarcerated and we married while he was incarcerated and is in another state what is needed for divorc

there is nothing we have together no kids no nothing i just want divorced. is there a lawyer that can jsut file the paper for me for small to free fee with the exception paying the filing fee

Joseph Jaap answered on Aug 16, 2019

Use the Find a Lawyer tab to retain a local attorney to assist you. If spouse is incarcerated, you can file the divorce where you live now if you have been in Ohio for 6 months and your county for 90 days.

1 Answer | Asked in Divorce for Ohio on

Q: I need help with filing for a divorce or dissolution. I got the papers but I don't understand how to fill them out

I was hoping to find some legal aid help or payment plan. I am a single mom and I am working 2 jobs in order to keep up on my bills

Joseph Jaap answered on Aug 14, 2019

Use the Find a Lawyer tab to contact several local family law attorneys to find one who might work with you. Also check with the local court for a help center or legal clinic with volunteers to help you, or check with legal aid office.

1 Answer | Asked in Divorce for Ohio on

Q: Couple seperated 5 years, husband paid rent, utilities till daughter turned 18, wife agreed to dissolution, now divorce

Will he have to pay alimony

Joseph Jaap answered on Aug 1, 2019

If daughter is now 18, there will be no child support. But one spouse could file for divorce and seek spousal support (alimony) from the other. The court would review all the current financial circumstances of the spouses to determine if either should pay spousal support to the other. If... Read more »

1 Answer | Asked in Divorce for Ohio on

Q: How do I turn in my husband for bigamy and can I sue him in the divorce?

My husband married me in kentucky in 2013. He left to Kansas and remarried in 2016 after years of me begging him for a divorce. He's committing bigamy and I want a divorce.

Philip Allan Logan Esq answered on Jul 23, 2019

You can obtain a divorce in Ohio on several grounds. You dont need to prove bigamy. If you want him arrested is up to you, but you should hire an Ohio attorney to get your divorce moving.

1 Answer | Asked in Divorce for Ohio on

Q: If i have been married since 2008 and don't have. Children or anything together and was only together 2 weeks after.

We was only together 2 weeks after we got married and even after marriage we didn't live together he won't help pay im a single mom and cant afford it but his fiance and him have both corrnered me telling me to pay to have it done i am currently without work and taking care of my mom i want this... Read more »

Joseph Jaap answered on Jul 15, 2019

Some local courts have legal clinics with volunteers to help with divorces for those who do not have an attorney. Check with your local court or your local bar association.

2 Answers | Asked in Divorce for Ohio on

Q: I'm wondering, if I divorce my husband of 19 yrs, would I be able to claim some of his house, land, and retirement?

But what if he owned the house and land a few yrs b/f we married?

Joseph Jaap answered on Jul 8, 2019

A divorce divides all the marital property which was acquired and saved during the marriage, typically 50-50. A divorce also determines what amount of spousal support (alimony), if any, must be paid. Use the Find a Lawyer tab and retain a local divorce attorney who can review your situation,... Read more »

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4 Answers | Asked in Bankruptcy and Divorce for Ohio on

Q: Do I have to have a finalized divorce before I can file bankruptcy?

I am still legally married. We have lived separately for well over 4 years. I would like to file bankruptcy. I've been told that in order to do so that we both would have to file. He doesn't want to. I need an idea of where to start. Should I start the divorce first or is there a way to do the... Read more »

Stuart Nachbar answered on Jul 3, 2019

In New Jersey, if you are living separate and apart, then it is possible to file without your spouse. The consideration of deciding whether to divorce first or file first, is a question better suited for an in depth discussion with a matrimonial counsel who is familiar with Bankruptcy in your area.

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1 Answer | Asked in Child Custody, Child Support and Divorce for Ohio on

Q: 8 years married, how much alimony will i be in title to in my divorce from my husband? We have two kids together as well

We have two kids together, which are 3 and 10 how much child support would i get for my kids and how does the laws fit in for a unemployed mother?

Joseph Jaap answered on Jun 27, 2019

There is no formula to determine alimony (spousal support). If the two spouses cannot agree on an amount and duration, then the court will review the income, expenses, debts, employability of someone who is unemployed, and total financial situation, and determine the amount and for how many years... Read more »

1 Answer | Asked in Divorce for Ohio on

Q: Is he entitled to my house if he pays the mortgage? ? If I pay the house off while we are married does he get ½?

I live in Hamilton County, Ohio. I got married in 2015. My husband came into the marriage with credit card debt, told me he had none, and he continues to spend. If Credit Cards are in his name will I be responsible for ½ of his debt? I bought my home in 2006. It is in my name only and was... Read more »

Joseph Jaap answered on Jun 25, 2019

A divorce resolves the issues of what is marital property -- subject to being divided, and what is a spouse's separate property that the spouse gets to keep. If he has contributed to the payment of mortgage and other expenses, then the house might have initially been your separate property, but... Read more »

1 Answer | Asked in Divorce, Family Law and Adoption for Ohio on

Q: I am married but I also pay child support and there is no court order is it legal for her to keep my children from me?

I live in celina ohio my wife currently keeps the kids from me for long periods of time like hides for no reason. She currently moved out of this trailer and her neighbors said a bunch of crazy things about her and what happened when she lived there but any ways. There is No court custody agreement... Read more »

Joseph Jaap answered on Jun 24, 2019

If there is no court order for custody, then each married parent has equal rights to the child. Use the Find a Lawyer tab to retain a local family law attorney to review your situation and advise you of your options.

1 Answer | Asked in Divorce, Domestic Violence and Family Law for Ohio on

Q: Me an my wife are technically still married she has not let me see my child talk to or let me know if he is ok

Ia this legal...she supposely went an filed harassment charges on me but i have yet to get any paperwork.. It has been over 3 weeks since ive seen him an she also wont let me get any of my daughters cloths or childhood things that mean alot to her. She sold all of my mowers weedeaters mini bikes... Read more »

Joseph Jaap answered on Jun 24, 2019

Use the Find a Lawyer tab to retain a local family law attorney who can review the situation and advise you about filing for divorce and getting temporary orders so you can see your child.

1 Answer | Asked in Divorce for Ohio on

Q: Does anyone have the direct link to where I can get a copy of a waiver in Clark County Ohio

not to have to disclose finances in a dissolution case

Joseph Jaap answered on Jun 20, 2019

Their forms do not appear to be on line. Check this link:

https://www.clarkcountyohio.gov/DocumentCenter/View/2804

Or call the court and ask them where to get the form.

2 Answers | Asked in Divorce for Ohio on

Q: WHERE CAN I FIND WAIVER FORMS FOR A DISSOLUTION CASE NOT TO DISCLOSE FINANCES

Joseph Jaap answered on Jun 20, 2019

Here is a link to the Hamilton County, Ohio waiver form when there is no spousal support and no children.... Read more »

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1 Answer | Asked in Divorce for Ohio on

Q: I just finished a dissolution and the decree will include a name change to my maiden name. Can I not change my name?

Joseph Jaap answered on Jun 20, 2019

You are not required to change your name if you choose not to. The decree allows you to do it now, or at any time in the future.

1 Answer | Asked in Divorce, DUI / DWI and Family Law for Ohio on

Q: My stepson recently informed us that his mother drove drunk with him in the car. What is our best course of action?

My stepson is 13 and they were at a park for a party. His mother reportedly had been drinking, and then proceeded to drive home. Prior to leaving the park, she drove into a tree, as well, and her husband continued to allow her to drive home. My stepson advised that he was very scared, and my... Read more »

Joseph Jaap answered on Jun 19, 2019

The first step would be to talk to her about it. Does she have a problem? Is she alcoholic? Would her husband deny what your stepson says? Was an insurance claim filed for hitting the tree? If so, if you file with the court for a change in custody, and you could get a copy of that. Use the... Read more »

1 Answer | Asked in Divorce for Ohio on

Q: In a no fault,nochildren,no property dissalusion, how do I prove I have no income when I get the afidavit notorized?

Denise Rini Esq answered on Jun 6, 2019

Greetings from the North Coast. The affidavit is usually sufficient to show indigence, though any type of document will suffice. Do you receive public assistance, food stamps, medical insurance or SSI?

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