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Ohio Divorce Questions & Answers
1 Answer | Asked in Divorce for Ohio on
Q: Been married almost 29 years and need a divorce. My husband is the sole financial provider. Will I be out on the street?

I haven't worked outside the home in over 20 years. I raised the kids and took care of them, husband and house. I am 49 so that's too old to start a career or make a living wage. My husband likes to say" go ahead and leave if you're not happy here" knowing I don't have a job. Is it true that I'm... Read more »

Joseph Jaap
Joseph Jaap answered on Jan 21, 2020

Yes you have rights, and a divorce could require your spouse to pay you spousal support (alimony). With a long duration marriage like yours, spousal support would be very likely, although it might not be enough, so you might have to supplement that amount by working. The divorce would also divide... Read more »

1 Answer | Asked in Divorce and Landlord - Tenant for Ohio on
Q: I'm getting ready to mobe out of state still married do i need permission to take my daughter out of state
Joseph Jaap
Joseph Jaap answered on Jan 9, 2020

You don't need permission while you are married, but your spouse could immediately file for divorce and temporary custody, and the court could require you to return the child. Consult your attorney before moving.

1 Answer | Asked in Divorce for Ohio on
Q: I was married in 2004 but have not spoken to my spouse since 2005, I'm not sure how to get in contact with her.

I would like to file a divorce but don't know how to go about it without being in contact with her.

Joseph Jaap
Joseph Jaap answered on Jan 7, 2020

You can still file for divorce. If you do not know the address or location of your spouse, notice of the divorce can be made in the local newspaper. Use the Find a Lawyer tab to retain a local divorce attorney to represent you and provide the notice in the paper. The divorce would then proceed... Read more »

2 Answers | Asked in Divorce for Ohio on
Q: Husband changed the locks and refuses to allow me to enter, belongings have not been divided and two children involved

Do I legally have the right to enter and remain with my children?

Philip Allan Logan Esq
Philip Allan Logan Esq answered on Jan 6, 2020

Probably, unless there is a court protection order or he has been given exclusive occupancy by the courts. Are you going through a divorce, then discuss with your attorney. If you go there, take a policeman with you. Hire an attorney if you dont have one.

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1 Answer | Asked in Divorce for Ohio on
Q: Can the divorce be finalized with out her appearing in the court if so how long will it take ?

Hi,

My details are as follows

Living in = Cleveland OH

Years of Marriage = 4.5 years

Husband = US Citizen

Wife = Green Card

Wife occupation = House wife

Problem:

I have purchased 3 houses after getting married. I want to divorce my... Read more »

Joseph Jaap
Joseph Jaap answered on Dec 30, 2019

The dissolution cannot be finalized if she does not appear in court. So you must convert it to a divorce, and she does not need to come to court to finalize the divorce. The divorce will probably take a few months due to the court schedule. Use the Find a Lawyer tab to retain a local divorce... Read more »

1 Answer | Asked in Divorce for Ohio on
Q: How do I divorce my spouse while he is in prison? He has another 4 years left in prison and we have 2 children
Joseph Jaap
Joseph Jaap answered on Dec 30, 2019

You simply file for divorce. A spouse in prison is grounds for divorce. Use the Find a Lawyer tab to retain a local divorce attorney to assist you.

1 Answer | Asked in Divorce for Ohio on
Q: My spouse & marital property is in Ohio, can I still file in Ohio?even though I have been living in Texas for 2 years

I initially filed in Ohio but spouse wasn't working at the time so I have waited for him to be gainfully employed

Joseph Jaap
Joseph Jaap answered on Dec 17, 2019

You must be a resident of Ohio to file for divorce in Ohio. But you could file in Ohio for legal separation. If you want to hire a lawyer to review the situation and advise you, use the Find a Lawyer tab to consult either a TX attorney, an OH attorney, or both.

1 Answer | Asked in Divorce for Ohio on
Q: What is the quickest, easiest and cheapest way to get a divorce?
Joseph Jaap
Joseph Jaap answered on Nov 25, 2019

The forms are all online. If both spouses can agree, they can file as a dissolution. But without having an attorney involved, if they make a mistake, they might be unable to correct the error later. Check your local court, which might have a legal clinic with volunteers to help those without... Read more »

1 Answer | Asked in Divorce for Ohio on
Q: In divorce I have a gift of equity house my parents they bought sold to me worth 90 owe 65 I only live there now who get

I'm the only one on the mortgage and deed and she has been moved out for 3 months

Joseph Jaap
Joseph Jaap answered on Nov 21, 2019

That will have to be sorted out in the divorce. If you can prove that the equity was a gift to you, then you could claim that equity as your separate property, not subject to be divided as a marital asset. Use the Find a Lawyer tab to retain a local divorce attorney to assist you.

1 Answer | Asked in Divorce for Ohio on
Q: I would like to know my rights and responsibilities in Ohio in case of separation or divorce.

My spouse hasn't contributed anything to my accounts in 15 years. I pay for everything, I handle all the bills, the taxes, my money goes toward renovations, trips, etc. I have a 401K, a Roth IRA and an HSA and would like to be able to keep that money. Is there a way I can do this? I know Ohio is a... Read more »

Joseph Jaap
Joseph Jaap answered on Nov 18, 2019

All those issues are part of the discussion you must have with your attorney, and cannot be answered on-line. It depends on all the facts and details. Marital property is subject to being divided, including retirement accounts. Any agreement between the spouses during the marriage is not... Read more »

1 Answer | Asked in Child Custody and Divorce for Ohio on
Q: Me and my wife are seperated but still married and no divorce is filed what are laws on assets and children

one of my sons does not want to go back with his mom and there is no court orded on custody do i have to send him back? we have 2 cars purchased during marriage but both titles are in her name i have one and she has one but she keeps threatening to take the one from me because the guy she is seeing... Read more »

Joseph Jaap
Joseph Jaap answered on Nov 4, 2019

Since there is no divorce and no court order, you do not have to send your son back, and she could grab the car since it is in her name. If either of you objects to either of those things, either of you can file for divorce, and then the court will decide who gets the car and the child custody... Read more »

1 Answer | Asked in Divorce for Ohio on
Q: My husband up and walked out about 3 weeks ago and I haven't heard anything from him since I do not know where Abandonme

3 yrs of marriage and we been separated all three yrs at least 3 months out of them every time atound holidays. He cheated on me and tryed gettingme fired and evicted from our home that he has left he got himself kicked off the property after threatening my boss with bodily harm I need help and... Read more »

Joseph Jaap
Joseph Jaap answered on Nov 1, 2019

Use the Find a Lawyer tab to retain a local divorce attorney to review your situation and advise you on filing for divorce. You don't need to know where your spouse is to file for divorce. If he cannot be found, then notice of the divorce can be published in the newspaper.

1 Answer | Asked in Divorce for Ohio on
Q: I moved from Texas to Ohio. Now I’m trying to figure out my first steps to filing even though my husband is in Texas.
Joseph Jaap
Joseph Jaap answered on Nov 1, 2019

Once you have lived in Ohio for 6 months, you can file for divorce in Ohio.

It can proceed after you properly deliver notice of the divorce filing to your spouse in TX, or provide notice by publication in the newspaper if you cannot locate him. Use the Find a Lawyer tab to retain a local...
Read more »

1 Answer | Asked in Divorce for Ohio on
Q: Can property be purchased prior to a divorce being finalized if the couple is separated and living in different states?

If a married couple has been separated for over one year and currently are living in different states, and one spouse purchases property in Ohio prior to the divorce being finalized, can the other spouse claim any sort of financial gain on that new property even if they have not contributed in any... Read more »

Joseph Jaap
Joseph Jaap answered on Oct 29, 2019

A spouse can always make a claim in a divorce. If the source of the funds was marital assets, then the other spouse would likely get part of that. But the division of marital assets, and whether assets are marital or separate, depends on all the facts. Use the Find a Lawyer tab to retain a local... Read more »

1 Answer | Asked in Divorce for Ohio on
Q: Is a spouse entitled to money in Ohio if they pay the mortgage but aren't on the loan in a divorce?

If you have been married for under 5 years, is a spouse who is not on the loan, but still pays the mortgage entitled to any money during/after a divorce?

Joseph Jaap
Joseph Jaap answered on Oct 28, 2019

A divorce sorts out all the debts and assets and divides them between the spouses in an equitable manner, and determines if one spouse pays spousal support (alimony) or child support to the other. It doesn't really matter if only one name is on the mortgage or who pays it. Use the Find a Lawyer... Read more »

1 Answer | Asked in Divorce for Ohio on
Q: If at first you told a lawyer they could discuss your case in front of a family member could you later ask them to stop
Joseph Jaap
Joseph Jaap answered on Oct 23, 2019

Yes, you can do that. Your attorney cannot divulge confidential information.

1 Answer | Asked in Child Support and Divorce for Ohio on
Q: I purchased a motorcycle for my ex title in his name he has abandoned it can I do a point of sale. No child support paid
Joseph Jaap
Joseph Jaap answered on Oct 22, 2019

If the title is only in his name, you cannot sell it. Only he can. If he is not paying child support, contact the child support enforcement agency or file with the court to have him held in contempt.

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: How to field to suspend and be reimbursed for spousal support.

My divorce was finalized on 1 october. There is a provision that if she cohabitates in such a manner as marriage spousal Support is terminated. My Ex has been living with her boyfriend since before our separation date. i have several forms of documentation to prove it.

Joseph Jaap
Joseph Jaap answered on Oct 21, 2019

Check with the attorney who handled your divorce, or check the court web site for the form for a motion to modify spousal support.

1 Answer | Asked in Divorce and Juvenile Law for Ohio on
Q: I'm 16 years old, going to be 17 next month and I'm tryin to get emacupated for some situations at home.

I'm able to care for myself. I'm able to graduate by December and I have a job and I'll have a car by then. But my mom wouldn't give consent. How can I get emacupated without her concent if I can care for myself and I'll have somewhere to stay

Joseph Jaap
Joseph Jaap answered on Oct 21, 2019

And Ohio does not have emancipation in your situation. Check this link for more information:

https://www.ohiobar.org/public-resources/commonly-asked-law-questions-results/circumstances-say-whether-minors-are-emancipated/

When you are 18, then you are an adult and can make your own...
Read more »

1 Answer | Asked in Divorce for Ohio on
Q: Which type of divorce is better for me?

I wanna file for divorce and I’m 100% sure that my wife won’t agree and I’m also sure about my decision. We have been living in different apartments for almost two years and no we don’t have any join accounts or properties. I live with my 2 kids and she lives with my 3 step Children. She... Read more »

Joseph Jaap
Joseph Jaap answered on Oct 14, 2019

If she won't agree, then you cannot do a dissolution. You must file a divorce. Use the Find a Lawyer tab to retain a local divorce attorney to review your situation, answer your questions, and advise you.

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