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Ohio Divorce Questions & Answers
1 Answer | Asked in Divorce for Ohio on
Q: Proceedings To Dissolve your marriage

I got a letter with my husband for a proceedings to dissolve your marriage from his attorney I don’t have one and I have no idea what it is and he is yelling for me to sign it not knowing what I’m signing

Joseph Jaap
Joseph Jaap answered on Jul 19, 2021

Your spouse wants to terminate your marriage. A dissolution of marriage is a way for the spouses to terminate their marriage if they agree on all the terms of property division, spousal support, child custody, etc. If the spouses cannot agree on everything, then it proceeds as a divorce. Use the... Read more »

1 Answer | Asked in Divorce for Ohio on
Q: i want out of my marriage for numerous reasons i am 63 years old my husband wants me to file for social security and not

be held accountable to pay me any entitlements we have been married for 43 years is it a good idea for me to file for social security

Joseph Jaap
Joseph Jaap answered on Jul 12, 2021

There is no way to answer that without knowing all the facts of your situation. Use the Find a Lawyer tab to retain a local family law attorney who can review all the facts and advise you of your rights to martial property, finances, and spousal support.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Ohio on
Q: How can I get Divorce, custody, child / spousal support help?

Hi, I'm a stay at home mom to 4 kids including a breastfed infant. My husband works 12 hours a day and 3 days off, but is not present when home as he smokes weed outside for hours on end. Or he's asleep because of medical issues and can't be woken up. I have a support system and do... Read more »

William Lehner
William Lehner answered on Jul 5, 2021

You should talk privately with a divorce lawyer. Don't be afraid. From what you said, it is most likely that it is in the best interest of the children for them to be with you. A Guardian Ad Litem can be appointed who would probably say that the kids should not be with a pot head. He would... Read more »

1 Answer | Asked in Divorce for Ohio on
Q: I lied to a judge in ohio about not hearing from my estranged wife for a year and claimed that I had no way to contact

Can she file charges against me claiming that I lied to the judge

Andrew Popp
Andrew Popp answered on Jun 30, 2021

Lying under oath is perjury. See Section 2921.11 of the Ohio Revised Code. (link below). It is a criminal offense and punishable as such. You can serve up to 3 years in prison if convicted. You probably want to get an attorney on board to defend you and represent your interests.... Read more »

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Ohio on
Q: My husband left me. I want the kids to live with me. What do I do?

Together seven years. Married two. I've been an at-home-parent most of that time. I am looking for work, but currently unemployed.

Joseph Jaap
Joseph Jaap answered on Jun 9, 2021

You can file for divorce and ask for child support and spousal support. Use the Find a Lawyer tab to retain a local family law attorney.

1 Answer | Asked in Child Custody, Child Support and Divorce for Ohio on
Q: Can I get a divorce attorney that is court appointed
Joseph Jaap
Joseph Jaap answered on May 24, 2021

Courts do not appoint attorneys for divorce cases -- that's only for criminal cases. The spouses get their own attorneys and pay for them. It is not required to have an attorney for a divorce, but it is recommended. Use the Find a Lawyer tab to contact some local attorneys and select one to... Read more »

1 Answer | Asked in Divorce for Ohio on
Q: How do i file perjury charges regarding affidavits made in the domestic court in franklin county?
Linda J. Lawrence
Linda J. Lawrence answered on May 19, 2021

For this kind of legal work, its best to obtain an expert attorney. Our firm offers a free 30 minute consultations, feel free to reach out to us.

2 Answers | Asked in Divorce for Ohio on
Q: I've been separated from husband for 7 plus yrs now I never changed my last name what do I need to take for divorce
Joseph Jaap
Joseph Jaap answered on May 10, 2021

Check your local domestic relations court web site for the forms to file for a divorce. But it would be prudent to have an attorney represent you. Use the Find a Lawyer tab to retain a local divorce attorney.

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1 Answer | Asked in Divorce and Immigration Law for Ohio on
Q: Will courts in Ohio terminate a marriage after 19 year separation from spouse?

Married in 2002, he left in 2005 for Mexico and never came back.

Agnes Jury
Agnes Jury answered on May 4, 2021

Yes. Desertion, which also may be referred to as abandonment, is a divorce ground in many states (including Ohio). When one spouse leaves for one year without the consent of the other, this is considered desertion. The length of time required for divorce may vary from state to state, but in Ohio it... Read more »

1 Answer | Asked in Divorce for Ohio on
Q: I was married 35 years. Divorced 10/09/19. The last five years of our marriage we lived in a house owned my my in-laws.

There is a transfer upon death order to my ex when his father passes.

Our divorce papers state when that happens my ex owes me 50% of the equity value at that time.

My ex is currently in the process of buying the house for what his parents owe. His attempt to not have to pay me... Read more »

Randy Bryan Ligh
Randy Bryan Ligh answered on Apr 30, 2021

You should contact a family law lawyer in your area to discuss this and the entirety of the division of your property between you and your ex-----you need to know what's available to you and your options. Good luck.

1 Answer | Asked in Divorce for Ohio on
Q: Pro bono are low fee lawyer I am on SSI disability

Me and my husband have no money or children or assets together or properties

Joseph Jaap
Joseph Jaap answered on Apr 13, 2021

Check your local domestic court web site for the forms to file for a dissolution if you and our spouse can both agree on the divorce. Some courts have volunteers to assist those without and attorney, or legal clinics to help. Also check with any local law schools for assistance. Use the Find a... Read more »

2 Answers | Asked in Divorce and Family Law for Ohio on
Q: DO I HAVE TO GIVE MY WIFE HALF OF MY INHERITED MONEY?

I HAVE INHERITED MONEY FROM MY MOTHER AND I HAVE THE ORIGINAL LETTER. MONEY IS IN AN IRA ACCOUNT AT FIDELITY. I HAVE SOLD STOCKS AND BOUGHT BETTER STOCKS. BUT ALL THE MONEY IS STILL THERE. MY WIFE'S NAME IS ON THE ACCOUNT BUT SHE WAS NEVER GIVEN THE PASSWORD. I CAN PROVE THE MONEY WAS GIVEN TO... Read more »

Joseph Jaap
Joseph Jaap answered on Apr 12, 2021

If her name is on the account, then it makes it more problematic for you. You'll have to prove it is all inherited and trace all the funds. Use the Find a Lawyer tab to retain a local divorce attorney to review all the facts and advise you.

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2 Answers | Asked in Divorce for Ohio on
Q: Do I have to share my checking account with my husband when we divorce the account is only in my name

I opened the account almost 5 years ago and we have been married for almost 15 years

Joseph Jaap
Joseph Jaap answered on Apr 12, 2021

If the account was opened during the marriage, and the funds are not from an inheritance, then it could be considered marital funds, subject to 50-50 split. Use the Find a Lawyer tab to retain a local divorce attorney to review all the facts and advise you.

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1 Answer | Asked in Divorce and Family Law for Ohio on
Q: Can my soon to be ex- husband dictate who watches our kids when we are at work?

This is a fresh divorce (2 weeks). We still live in the same house but hoping he is moving soon. There has been a long history of mental/emotional abuse. There was a first time ever confrontation between my mom (our full time sitter - 5 days/wk) and my husband regarding some verbal/emotional abuse... Read more »

Cathy Cook Esq
Cathy Cook Esq answered on Mar 26, 2021

First, you need an attorney in your divorce. On this issue, you need to file a motion to restore your mother as the babysitter.

1 Answer | Asked in Divorce, Family Law and Child Custody for Ohio on
Q: Should I talk to the Guardian ad litem about this issue?

My daughter confided in my that her other parent told her I’m the reason she can’t partake in cheer. The other parent said I wasn’t allowing her to participate in other activities last year before the pandemic and was unlikely to allow this in the future. I reassured my daughter that I want... Read more »

Cathy Cook Esq
Cathy Cook Esq answered on Mar 25, 2021

Yes, you should inform the GAL.

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: I gave my soon ex-husband exclusive use of the house. He moved his new girlfriend in now. Can I do anything about it?

Both are names are on the deed

Joseph Jaap
Joseph Jaap answered on Mar 22, 2021

As a co-owner, he can invite anyone to be a guest, and another co-owner can't stop it. If you are in the middle of a divorce, you can file a motion with the court to ask for temporary occupancy for yourself. But the court might not agree to it. Talk to your attorney or use the Find a Lawyer... Read more »

1 Answer | Asked in Divorce for Ohio on
Q: How do I make a parenting plan for a dissolution in ohio
Joseph Jaap
Joseph Jaap answered on Mar 18, 2021

That question is too complicated to be answered on-line. It depends on all the circumstances of a family's situation, such as number of kids, their ages, work schedules, family income, etc. A dissolution requires both spouses to agree on all aspects of the parenting plan, the division of... Read more »

2 Answers | Asked in Divorce for Ohio on
Q: My wife and I live in a house her father owns we have an oral contract. If we divorce who has rights to live there?

I pay all the bills including rent, utilities, phone, internet, and car. We have 2 kids both under 2 years old. She is unemployed and has been unemployed for over 2 years her last 4 jobs she only worked at for about a month or 2 and that was over about a 2 year period.

Joseph Jaap
Joseph Jaap answered on Mar 11, 2021

If there is no written lease, then it is a month to month tenancy, and it can be terminated by landlord giving written 30 days notice, and then file an eviction. So he would likely evict you, not his daughter and grandkids. Use the Find a Lawyer tab to retain a local divorce attorney who can... Read more »

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1 Answer | Asked in Divorce for Ohio on
Q: So im wondering i am going through divorce and there was an accidental condo fire... Am i now in contempt of court?

Standard mutual protection order: Pursuant to Local Domestic Rule 43, IT IS ORDERED that effective on the date a Complaint is filed, each spouse is enjoined from committing any of the following acts:

"Selling, damaging, destroying, removing from its present location, encumbering,... Read more »

Cathy Cook Esq
Cathy Cook Esq answered on Mar 9, 2021

Accidental fire is not a violation. If she is keeping the children from you, you need to file a motion for parenting time.

1 Answer | Asked in Criminal Law, Divorce and Domestic Violence for Ohio on
Q: My question is about expungement

I was charged with M4 DV in 2019. I pled to MM Dis. Conduct and I recently applied to have my record expunged. Here is my concern: in 2008 I was charged with M1 DV and I pled to M4 DV. I got that record expunged. I'm now concerned that when looking this up, they could decide that I should... Read more »

Cathy Cook Esq
Cathy Cook Esq answered on Mar 1, 2021

No, once you plead & are convicted, the case can’t be reopened.

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