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Ohio Divorce Questions & Answers
1 Answer | Asked in Child Custody, Divorce and Family Law for Ohio on
Q: What action can I take to get back daughter that I have full custody of ?

My daughter is 15. I have full

Custody of her. The court ordered visitation specifies that her dad gets to see her for 1 hr a week in my home. My home is currently in Oregon her dad is in Ohio. The court order is from when we all lived in Ohio. I allowed her to spend 3 weeks with him in... Read more »

Cathy Cook Esq
Cathy Cook Esq answered on Nov 29, 2020

Did your custody order allow you to move out of state with the child without the father’s agreement or court permission? That would be unusual. You can file for contempt in Ohio in the county where the agreement was filed.

1 Answer | Asked in Divorce for Ohio on
Q: Does the lawyer i find have to be in the same county as which the divorce papers were filed?
Joseph Jaap
Joseph Jaap answered on Nov 23, 2020

The attorney does not have to be in the same county, but must be willing to travel to your county. The attorney will bill you for that travel time, so it will cost you more than if you get a local attorney. A local attorney will know the folks at the local court and be more familiar with how they... Read more »

1 Answer | Asked in Child Custody, Divorce and Family Law for Ohio on
Q: I was ordered to take a mental exam for custody and a drug test ive done both but the court wont set a date for visits

The guardian ad litem filed no contact order for my daughter and i stating i was mentally unstable and on drugs which im neither and she never even met me i have never seen her or anything ahe just told the magistrate that from the word of my exwife

Cathy Cook Esq
Cathy Cook Esq answered on Nov 20, 2020

Do you have an attorney? You need an experienced child custody attorney to assist you. Have you seen the psychological report? Your attorney will need to review that to determine how to proceed?

2 Answers | Asked in Divorce for Ohio on
Q: Due to the pandemic my ex hasn’t paid child support for 5 months because he was laid off. Does he still owe it to me?

He said he doesn’t owe it to me because while we were separated and the divorce was not finalized he was giving me support money out of the kindness of his heart. So we should be equal or I should pay him back for doing that. Is that true?

Joseph Jaap
Joseph Jaap answered on Nov 18, 2020

Money given directly typically does not count toward the child support obligation, but is considered a gift. But it depends on the temporary support order in effect during the divorce, and what the court ordered for support when the divorce was finalized, and how it required him to pay , either... Read more »

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1 Answer | Asked in Divorce for Ohio on
Q: I live in Ohio retired from UPS with 27yrs service been married 15yrs. if i get divorced how much is my wife entitled to
Joseph Jaap
Joseph Jaap answered on Nov 9, 2020

A spouse can receive one-half of the value of a retirement account accumulated during a marriage. Use the Find a Lawyer tab to retain a local divorce attorney who can review all the facts and circumstances and advise you.

1 Answer | Asked in Divorce for Ohio on
Q: I was awarded money in my divorce to compensate for not getting the house. How do I get that from my ex? Its been 3 yrs.

The amount owed is too much to file in small claims court.

Joseph Jaap
Joseph Jaap answered on Nov 9, 2020

Small claims court does not handle that. File a motion in the domestic relations court that handled your divorce, to have the ex held in contempt. Use the Find a Lawyer tab to retain a local family law attorney.

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: Do I have to have a witness for uncontested divorce to be granted in Ohio?

I'm getting divorced end of the week and my witness has COVID and can't attend. It is an uncontested divorce since we agree on everything and we will both be there. Do I have to have a witness to be granted the divorce if the defendant is present and in agreement?

Joseph Jaap
Joseph Jaap answered on Oct 27, 2020

If both spouses are present, and both testify to the grounds for divorce and advise the court they want to terminate the marriage, then no other witness should be required, and the court should grant it, although it depends on your local court and ultimately the judge decides. But if the defendant... Read more »

1 Answer | Asked in Divorce for Ohio on
Q: I am trying to file for divorce I am on disability. I need spousal support. no child support.
Cathy Cook Esq
Cathy Cook Esq answered on Oct 23, 2020

See if the domestic relations court in the county where you live has a law clinic where you can receive free legal assistance with your court filings.

2 Answers | Asked in Divorce for Ohio on
Q: My mother is separated from an abusive long term relationship. What are some of her rights she should be aware of?

Right now divorce is not on the table, they are receiving separate counseling. My father is volatile, and I would not like her to be caught off guard. What are some things she should keep in mind going forward if my father tries to surprise her with divorce papers?

Joseph Jaap
Joseph Jaap answered on Oct 22, 2020

That is a conversation she should have in private with her attorney. Too much depends on the specifics of her situation - finances, age, health, employment, etc. She should use the Find a Lawyer tab to retain a local divorce attorney who can meet with her to discuss her situation and how she can... Read more »

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1 Answer | Asked in Divorce, Family Law and Child Custody for Ohio on
Q: Ohio- I gave birth to my child before marriage, my husband and I have been separated for 2 years, I need a divorce

What can I do to solve problem of divorce and custody , what are my rights

Cathy Cook Esq
Cathy Cook Esq answered on Oct 11, 2020

If your husband agrees to do so, you can deal with parenting issues in the divorce. If not, or you prefer not to, you can deal with parenting in juvenile court. You should consult an attorney in your county to determine your best option.

1 Answer | Asked in Child Custody and Divorce for Ohio on
Q: I need to know what my rights are to my children , while separated?

My wife is telling my 14 year old daughter that she doesn’t have to answer my calls. And that I cannot spend time with her.

Cathy Cook Esq
Cathy Cook Esq answered on Oct 11, 2020

While you have equal legal rights to your child, if the mother is preventing you from spending time with her, you will need to file for divorce and request parenting time ordered by the court.

3 Answers | Asked in Divorce, Estate Planning and Real Estate Law for Ohio on
Q: can my husband sell our house for what we owe spitefully, rather than getting a realtor and best price?

We are splitting up. I want to be as fair as possible in everything, even though I had asked him to wait on selling the house for one year and he refused. I have a realtor coming over in a little while to see what we can do. The house is valued about $30k over what we owe so we would both get a... Read more »

Joseph Jaap
Joseph Jaap answered on Oct 1, 2020

A husband cannot sell real estate unless a wife also signs. It doesn't matter that only his name is on the mortgage. So you can prevent the sale, unless he sells it for a price to which you will agree, and you agree on how to split the sale proceeds. If you are splitting up by divorcing,... Read more »

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1 Answer | Asked in Child Support and Divorce for Ohio on
Q: In Ohio getting a dissolution, she doesn’t want child support or alimony. Can I put 0 for all the child support values?

I just need to figure out how to properly fill out everything so that no support will be owed.

Cathy Cook Esq
Cathy Cook Esq answered on Sep 29, 2020

You will have to prepare a child support worksheet with all required numbers. On the deviation line you put the amount owed as a downward deviation. You will then have to explain why you are deviating to zero in the agreement, whether a shared parenting plan or a separation agreement. The... Read more »

1 Answer | Asked in Divorce for Ohio on
Q: My wife and I have decided to work our marriage out and stop our divorce process. How can we do that.

My wife and I have decided to work our marriage out and stop our divorce process.

How can we do that.

I filed the divorce and she filed a counterclaim for divorce!

We want to dismiss everything! Do we both just filed motions to dismiss it all? What is the wording?... Read more »

Cathy Cook Esq
Cathy Cook Esq answered on Sep 29, 2020

You can prepare a one-page document with your case information at the top. In the body put, “ Now come Plaintiff and Defendant and hereby voluntary dismiss the divorce and counterclaim.” Put signature lines and both sign.

1 Answer | Asked in Divorce for Ohio on
Q: Can my ex demand psych evaluation?

Divorce is nearly complete, but suddenly my ex wants psych evaluations. This would include himself, his live-in girlfriend, and me. I’m fine with this, but he also wants my new boyfriend to undergo it. We’ve been seeing each other a month and aren’t living together.

Cathy Cook Esq
Cathy Cook Esq answered on Sep 19, 2020

I can only speak to Ohio, and it looks like you may live in another state. It is unusual for the court to allow psychologicals near the end of the case. It would be extremely unlikely for the court to consider an evaluation of a boyfriend. This is especially true if the boyfriend has no known... Read more »

1 Answer | Asked in Divorce for Ohio on
Q: we was doing a land contract for 25,000 but defaulted the contract in the divorce results it says she is to be paid half
Joseph Jaap
Joseph Jaap answered on Sep 18, 2020

There is no way to answer without reviewing the situation. Use the Find a Lawyer tab to retain a local attorney to review the land contract and the divorce decree and advise you of the payment obligation to your ex-wife.

2 Answers | Asked in Divorce for Ohio on
Q: I got married Sept 18 2019 .she owns the house .i put 20,000.00 in repairs and help with our agreed to help with the b

Do i get my money back .she filled for divorce

Joseph Jaap
Joseph Jaap answered on Sep 15, 2020

You can make a claim for any increase in the value of the house because of your repairs, but the court will decide if you get any. 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 Child Custody for Ohio on
Q: how long does a devorce usually take if the only issue is visitation of a child and the average cost
Joseph Jaap
Joseph Jaap answered on Sep 8, 2020

The court filing fee is about $300 to 400. If an investigation is required to determine parenting issues, then several hundred more. Legal fees for an attorney could be from a thousand, to many thousand, depending on what happens. The process takes at least a few months, and can take up to a... Read more »

1 Answer | Asked in Child Custody, Child Support and Divorce for Ohio on
Q: Separated not divorced. We live in two separate states. I have my son all the time and let his dad take him for visits.

we go outside of the court system for visitation. I have our son enrolled at school with me. I have him on my welfare case and medicaid. I let his dad come get him when he doesn't have school or for a holiday. He told me the other day that we won't let me have him back. Please can I have... Read more »

Joseph Jaap
Joseph Jaap answered on Sep 8, 2020

If there is no court order for legal separation or for parenting, then you will have to file with the court to start that process. Living in two different states will make it more complicated, time consuming, and expensive. Use the Find a Lawyer tab to retain a local divorce attorney who can... Read more »

1 Answer | Asked in Child Custody, Divorce and Family Law for Ohio on
Q: My mother is the custodial parent. Is there anyway I can live with other guardians without her consent.

I’m 15

Cathy Cook Esq
Cathy Cook Esq answered on Sep 6, 2020

Parents have superior rights. Your other parent could seek custody but must show a change of circumstances since custody was given to mother and that it is in your best interest for the other parent to have custody. For a non-parent to gain custody, your mother must be shown unfit.

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