..if so can you do anything to keep each person isolated having having any tie to any debts/mistakes by the other during the marriage.
answered on Jun 2, 2023
Debts incurred during the marriage are presumptively marital debts. Parties may agree to treat them differently or in the case of a divorce a party that did not incur the debt may make an argument as to why it should be treated as a separate debt. Factors may include the circumstances around the... Read more »
..if so can you do anything to keep each person isolated having having any tie to any debts/mistakes by the other during the marriage.
answered on Jun 2, 2023
There are a few parts to this question. Debt incurred by a spouse alone will not, generally, expose you to liability from the creditor, even during marriage. This debt, during divorce, may be considered marital debt, and it is possible that some or all of the debt may be apportioned between the... Read more »
In the divorce I let him keep the two Florida residences that I signed on with him while married.
answered on May 30, 2023
This question does not contain enough information to give a comprehensive answer. The answer is going to depend on the precise wording of the Separation Agreement incorporated into the divorce decree and the loan agreement for the financing. More likely than not, you remain responsible to the... Read more »
Separated after 4 years 8 months. Is spouse entitled to 50 percent? Is there any case law showing someone receiving a percentage? The house was the husband's previously but wife helped with remodeling.
answered on May 26, 2023
This case will be arguable from several different perspectives. The original owner of the property may wish to argue it is still mostly separate property (up to the value at the time of marriage or the revision to the deed). The spouse has an argument that the property is now marital being... Read more »
I called the county I was sure my soon to be ex filed for divorce in, but the lady was snarky and evasive, so I traveled to that county and she was extremely rude to me, then fake typed my info in, I literally watched her type nonsense the hit enter.
answered on May 24, 2023
From your question one cannot tell if the person with whom you disagree is actually an officer of the court. It looks like it might be a deputy clerk of courts, which is a little different. I recommend finding out from the clerk of court's website whether the information you are seeking is... Read more »
She won't let him see the baby. If it is his we wants a relationship with his son hamilton ,oh
answered on May 15, 2023
Unmarried Fathers can register their potential paternity with the Ohio putative Father's registry so the state is aware of the Father's claims. Unmarried Fathers in Ohio can go to Child Support to request DNA testing and an administrative order of Paternity to establish parentage.... Read more »
Consent in a joint custody agreement
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answered on May 16, 2023
When it comes to child custody and relocation, it's essential to consult with a legal professional who specializes in family law in the relevant jurisdiction, as laws may vary depending on the specific circumstances and local regulations.
In Canada, if parents have joint custody of a... Read more »
They are keeping my children from me. My daughter has an appointment today out in Morgantown to see if she has to get surgery the person safety plan told me that she canceled the appointment but is told other people that she does have an appointment tomorrow she will not tell me what's going... Read more »
answered on May 4, 2023
You need to write CPS and refer to the fact that you retain custody per your Safety Plan. Review the written plan to make sure this is the case. Ask in your writing for all documents concerning your child's medical care. Most importantly, you should seek an attorney to help with... Read more »
My spouse wants the child, works full time and I did not sign up to be a full-time caretaker after an unwanted pregnancy. If I abandoned the household and moved, possibly to another state, but paid my spouse a significant chunk of money every month to support the child will I go to jail for child... Read more »
answered on May 4, 2023
If you leave your child in the care of your spouse you will not be criminally charged. Your spouse may seek and likely get an order compelling you to pay child support. Ohio is a no-fault divorce state so the two of you may terminate your marriage for any reason, including incompatibility. Your... Read more »
Would a lawyer take a client if they can not pay up front as they do not have access to marital funds?
answered on Apr 26, 2023
If someone files for divorce, they can ask the court to order their spouse pay their attorney fees if that other spouse controls all the marital funds. They can also ask the court to order their spouse to pay temporary spousal support. Use the Find a Lawyer tab to talk to some local divorce... Read more »
Is there help with those that can not afford to pay and if so can you lea me in the right direction. I also am not sure which forms fit my family make-up.
answered on Apr 26, 2023
The forms can be confusing. Some counties have a legal clinic with volunteers to assist those without a lawyer, and some law schools also provide such assistance. Check with your local county domestic relations court if they know of such assistance that is available, or contact some local law... Read more »
answered on Apr 25, 2023
You can talk to the child support enforcement folks at your local prosecutor's office, but he probably owes that money to your mother, not you. So, they would be more likely to listen to her complaint than your complaint. Of course, before encouraging the State to go after your dad you should... Read more »
Juvenile court judgement to terminate parental rights and grant custody to agency. Appellate files appeal with the district court of appeals. Appeals court agreed with juvenile court. Appellate then files appeal with Supreme court. Has any case ever won at that point, if so I need a case number to... Read more »
answered on Apr 25, 2023
Something as broad as any case the appellant has won at the Supreme Court is unlikely to help you too much but here are two from a quick search of the Supreme Court's website: In re R.K., 152 Ohio St.3d 316, 2018-Ohio-23 and In re C.F., 113 Ohio St.3d 73, 2007-Ohio-1104. Yes, the Supreme Court... Read more »
Ex is refusing to allow child to be with his father during his parenting time.
answered on Apr 21, 2023
No. Your ex is obligated to follow the terms of the Shared Parenting Plan provided that Shared Parenting Plan was signed by all parties and adopted as an Order of the Court. If your ex is withholding parenting time to which you are entitled or otherwise violating the Shared Parenting Plan, then... Read more »
The maternal aunt requested the change. She wants to have visitation in our new agreement. In addition to a motion of change in custody, does the maternal aunt need to file a motion for visitation? Or if our written agreement outlines a visitation schedule is that enough?
answered on Apr 6, 2023
If you an maternal aunt are in agreement, then you can likely draft an Agreed Judgment Entry asking the Court to adopt whatever custody plan that you come up with. So, if you and maternal aunt can negotiate an agreement outside of Court and write it, then you can file that with the Court with an... Read more »
I am unmarried and own a home. My mom (married) cosigned my mortgage a few years ago and is listed on the deed with me, though I pay the mortgage myself. She is now getting a divorce and her husband's legal team is claiming that my house is marital property. I live in a dower state and my... Read more »
answered on Mar 31, 2023
Your mother's interest in the home could be marital property, depending on how her ownership interest is listed on the deed. The divorce will determine how all marital property is divided, included any ownership interest she has, and some of her equity might be awarded to her spouse in the... Read more »
I'm not able to afford and honestly don't even know where to start to get the process going
answered on Mar 27, 2023
Terminating a marriage is a difficult decision to make, even more so with children. If you file for divorce, you could ask the court for temporary child support, temporary spousal support, and for your spouse to pay your attorney fees while the divorce is in process. Use the Find a Lawyer tab to... Read more »
My coparent and his wife continuously harrass me over text. They attack me, my character and parenting style. No threats of harm have been made. I do not respond to these messages yet they continue to send them. I don't block their number because my son lives in their household during... Read more »
answered on Mar 27, 2023
If you don't have an existing custody order, I'd recommend pursuing one and making a condition of the order being that everyone uses a third-party messenger service, like Our Family Wizard, to communicate. The benefit there is that anyone, including the court or GAL, will have instant... Read more »
We have been trying to get divorced for four months this is our fifth hearing I went to my attorney an told her I just want it to be over he can have everything as long as . An he can have 50/50 of our daughter an she won't take it to his attorney what could happen if I did?
answered on Mar 27, 2023
Four months is not that long. Many divorce cases take up to a year. The court process moves slowly - at the judge's pace. Talk to your attorney first, and find out why she won't pass along that offer. Your attorney knows what is realistic and what is a fair outcome for you, and your... Read more »
My parents made a change to their will leaving me their home. This was signed by them and had two witnesses. My parents died a few days apart from Covid. The probate judge has had their will for over 2 years and says he never seen this. Now my attorney has to file a case law. I’ve been living in... Read more »
answered on Mar 20, 2023
Even if the will says that you get the house, and assuming the house is going through probate, the judge can force the sale if the estate has creditors or other beneficiaries with interests that cannot be resolved without selling the house. I advise you to ask the attorney whether s/he represents... Read more »
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