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Ohio Divorce Questions & Answers
2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Ohio on
Q: After tpo ended for domest violen he is living somewhere else He didn’t want to make Mortg payments only money for cHild

He has domestic violence charges and left our house 6 months ago, no mortgage payments from him he said that since he is not living here he is not obligated to make payments. He only deposits money for our son. We agree to dissolve the marriage but we don’t agree on the child support amount... Read more »

Joseph Jaap
Joseph Jaap answered on Jul 8, 2020

You can't dissolve the marriage unless both parties agree on all details. He doesn't agree, so file for divorce and ask for occupancy of the premises, temporary spousal support to pay household expenses, and child support. Use the Find a Lawyer tab to retain a local divorce attorney to... Read more »

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1 Answer | Asked in Divorce for Ohio on
Q: Hi , I’m on social security disability and wanted to know if I was to get a divorce, will I Have to give % of ssd ? Tx
Cathy Cook Esq
Cathy Cook Esq answered on Jul 7, 2020

No, you will not. Your spouse may have to pay you spousal support, though. Check with an attorney in your area to assess your entire situation.

1 Answer | Asked in Divorce, Family Law and Real Estate Law for Ohio on
Q: My divorce was 8 years ago, my name is still on the house after my ex was told to take it off. What do I do?

The settlement says to take me off of the loan of the house in a "reasonable amount" of time. It has been almost 8 years. She refuses to take my name off the house. How do I start the process of taking my name off of the mortage?

Robert Mues Esq
Robert Mues Esq answered on Jul 7, 2020

Your remedy is to file a contempt motion against her for willfully violating the terms of the divorce decree. 8 years is way more than a "reasonable" time to get you off the loan. If she claims she doesn't qualify to refinance it, the Court will likely order it sold so you will be... Read more »

2 Answers | Asked in Divorce for Ohio on
Q: Ex assumed parent plus student loan debt which is in my name in divorce. It's been 10 years. How can I enforce this
Chris M. Bradford
Chris M. Bradford answered on Jul 6, 2020

First you must read your divorce Judgment. In there are the exact court orders. If the judge ordered your ex to pay your student loan debt, and he/she hasn't, then you have to go back to court to enforce the judgment. If you ended up paying the student loan even though he/she was ordered to... Read more »

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2 Answers | Asked in Divorce for Ohio on
Q: wife moved out to her ex but left her kids with me at the house

She committed adultery

Nicholas P. Weiss
Nicholas P. Weiss answered on Jul 2, 2020

Sounds like excellent grounds for divorce. Your location says that you are in Pennsylvania. If that's the case then that's where you will need to file and get advice from a PA attorney. Let me know if you're in Ohio so we can help.

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3 Answers | Asked in Contracts and Divorce for Ohio on
Q: My ex wife financed a vehicle in my name 6 months before we separated. I was never in this car lot. She signed my name

In our divorce we were ordered to pay our own debt. She left the car somewhere and it got towed. I have no idea where it is. Now the finance company is threating to garnish my wages.

Joseph Jaap
Joseph Jaap answered on Jun 25, 2020

She committed fraud by forging your name. Contact the attorney who handled your divorce.

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1 Answer | Asked in Divorce for Ohio on
Q: My wife took my kids 400 miles away a month ago. What should I do ?
Cathy Cook Esq
Cathy Cook Esq answered on Jun 14, 2020

You need to file for divorce & for temporary orders on custody. Right now, you and your wife have equal rights to your children, so you could try to retrieve them from her, but if she involves the police, they will say it’s a civil matter to be decided by the courts. You also don’t want to... Read more »

2 Answers | Asked in Divorce for Ohio on
Q: Could I move me and the kids out of state?

Could I move myself and my children out of state if I got a divorce? My husband doesn't want to move and he isn't a bad father, just lacks drive and doesn't have the best priorities when it comes to our children.

Joseph Jaap
Joseph Jaap answered on Jun 4, 2020

If there were a divorce, it would not restrict you from moving away, but the terms of the divorce could require the children to remain with their father, giving you parenting time in summer and on holidays. Or they might be able to go with you. It depends on all the facts, what you and he can... Read more »

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1 Answer | Asked in Divorce for Ohio on
Q: How do I fill out divorce papers with chikdren
Joseph Jaap
Joseph Jaap answered on May 22, 2020

Fill them out completely and accurately. But there are many forms, and they can be complicated or confusing. If you need assistance, check if your local court has a legal clinic with volunteers to help. Or use the Find a Lawyer tab to retain a local family law attorney to represent you.

1 Answer | Asked in Divorce for Ohio on
Q: I am filing for a dissolution without children. Do I need 2 copies for affidavit of property ? One for me and 1 for him.
Joseph Jaap
Joseph Jaap answered on May 20, 2020

Typically, each spouse must file an affidavit of property and sign it. Check with your local court to find out what forms it requires. If the court staff will not answer questions, use the Find a Lawyer tab to retain a local family law attorney to represent you so you don't make a mistake... Read more »

1 Answer | Asked in Family Law, Divorce and Child Custody for Ohio on
Q: Do i have a right to choose between visiting my father for the summer or staying with my mother.

So I'm 15 years old and my parents ARE divorced. So every summer i went to see my dad. My father lived farther away due to the military. When i was 13 my mom decided to let me live at my dad and stepmoms house. I lived there for about a year before me and step mother just clearly didn't... Read more »

Joseph Jaap
Joseph Jaap answered on May 14, 2020

Your mother and father must follow the court ordered visitation schedule. If they deviate from it, the court could hold one or the other in contempt. But either of them can file with the court asking to change the visitation schedule, so talk to them about doing that. The court would also listen... Read more »

1 Answer | Asked in Divorce for Ohio on
Q: I want an abatement of my divorce court proceedings until covid19 pandemic is over. Is this possible in Ohio?
Cathy Cook Esq
Cathy Cook Esq answered on May 12, 2020

Since COVID-19 is not going to be “over” for a year or more, and the courts will find ways to move cases forward, that is unlikely. The only way to stop a divorce generally is for both parties to agree to dismiss the case.

If your property values have been affected, you may have to...
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1 Answer | Asked in Divorce for Ohio on
Q: My ex claimed both of my kids on our taxes, when we are supposed to alternate one each, anything I can do?
Joseph Jaap
Joseph Jaap answered on May 8, 2020

You can file with the court to have your ex held in contempt for not following the parenting agreement. Use the Find a Lawyer tab to retain a divorce attorney to review the situation and advise you. To fix the tax issue, talk to your tax preparer.

1 Answer | Asked in Divorce for Ohio on
Q: I live here in Youngstown and i would like to file for a divorce. I was married in South Bend, Indiana. I need help.

I am on disability.

Joseph Jaap
Joseph Jaap answered on May 5, 2020

Use the Find a Lawyer tab to retain a local divorce attorney to assist you. It does not matter where you were married. If you have lived in Ohio 6 months, and in your county for 90 days, you can file in your county.

1 Answer | Asked in Divorce for Ohio on
Q: I am in the process of filing for divorce. We reside in the same rented home is there any way to have him leave

Before the divorce is finalized, the household situation has become hostile and we have children as well. I know legally the rented home is his as well as mine but I am the only person employed and covering all the bills, including the rent

Cathy Cook Esq
Cathy Cook Esq answered on Apr 25, 2020

You are correct that both of you have a right to be in the residence. In Ohio, there is no uniform rule regarding one spouse having exclusive occupancy. Rather, this is governed by the local rules of each county’s domestic relations court. You will need to see if your situation fits the local... Read more »

2 Answers | Asked in Divorce, Child Custody and Juvenile Law for Ohio on
Q: Can I get emancipated at 16? Is there any possible way?
Cathy Cook Esq
Cathy Cook Esq answered on Apr 14, 2020

Sorry, but we don’t have this in Ohio. If you are trying to get out of your parents’ home, the only way is to be removed by the state due to abuse or neglect.

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2 Answers | Asked in Child Custody, Divorce, Family Law and Tax Law for Ohio on
Q: I have sole Custody of my 6 children. Ex has limited visitation due to DV.

Per our divorce order he is able to claim 3 kids for taxes. What happens to the kids stimulus checks? They solely live with me and I provide all support.

Amy Turos
Amy Turos answered on Apr 14, 2020

This is such a new issue that the Courts are trying to figure this issue out right now. It really depends if he is behind on child support. If he claimed the 3 kids this year he may get the money. If I were you I would file a motion with the Court requesting allocation of the stimulus money if he... Read more »

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2 Answers | Asked in Divorce for Ohio on
Q: I divorced my ex 4 years ago. I have a car financed in both our names that I just paid off. How do I take him off title?

I have it included in our divorce decree that I will be getting my car free of his claim. However, we never refinanced at that time. I have been making all payments myself for 4.5 years. Now that I have paid it off, I got a letter from the bank that the lien has been released, and I am not sure how... Read more »

Amy Turos
Amy Turos answered on Apr 13, 2020

The first thing I always advise my clients is to review your divorce decree. If you don't have a copy you can always call the clerk of courts office in which County you obtained your divorce.

I do not have a copy your divorce decree so I'm making assumptions. If you were awarded...
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1 Answer | Asked in Divorce for Ohio on
Q: I'm my brain injured husband's guardian. How do I go about divorcing him. He's a cheating heroin addict.

I asked for divorce prior to him having a anurism burst. Now he is a five years old. This was from his drug use.

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

I’m sorry for your situation. You will need to resign as guardian and someone else will need to be appointed. There is a conflict of interest with you as guardian and suing him for divorce. Since there may be issues with his support and any government aide he may receive, you need to consult a... Read more »

1 Answer | Asked in Divorce for Ohio on
Q: I have been separated from my ex for over 14 years we have no property no children together. He don't live here, what's
Nicholas P. Weiss
Nicholas P. Weiss answered on Mar 31, 2020

You can still likely file an uncontested divorce. So long as he is served with the complaint you can bring a witness with you to court to testify as to your reason for getting a divorce, and the court can enter a divorce decree.

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