Ohio Divorce Questions & Answers

Q: I own property acquired before my marriage -thus separate property. What do I put on separation agreement?

1 Answer | Asked in Divorce for Ohio on
Answered on Apr 17, 2019
Philip Allan Logan Esq's answer
As to the choices your given, I'd pick #2, but you need to specifiy that it is premarital and separate property belonging to one of you. "Filling in the blanks" is not the best way of drafting a complete and thorough separation agreement. You really should retain an attorney to represent you or at the very least draft it for you.

Q: I was storing a valuable coin in a friends safe. Now he is going thru a divorce. How can I get the coin back?

1 Answer | Asked in Divorce for Ohio on
Answered on Apr 8, 2019
Joseph Jaap's answer
Ask him to return it. But if it has become a subject of dispute in the divorce case, then you will have to submit proof of ownership.

Q: Ex showed statement for lesser amount because he failed to say he took $34K from 401K / IRA during divorce. What to d

1 Answer | Asked in Divorce for Ohio on
Answered on Apr 4, 2019
Philip Allan Logan Esq's answer
He should have disclosed all assets. You might have a claim. Bring this to the attention of your attorney to determine if you need to repopen case or try to negotiate a better result.

Q: divorcing after 3 months. just got papers from her attorney asking for spousal support. Can she get that? She makes more

1 Answer | Asked in Divorce for Ohio on
Answered on Apr 1, 2019
Joseph Jaap's answer
Obviously, you now need to retain a local family law attorney. Nothing stops her from asking for support. The court will review a multitude of factors provided by law to determined if she, or you, are entitled to support. But with such a short marriage, it is unlikely. If there had been mutual agreement, it could have been filed as a dissolution. Since it is filed as a divorce, talk to an attorney.

Q: Can I file a motion or modification

1 Answer | Asked in Divorce and Family Law for Ohio on
Answered on Apr 1, 2019
Philip Allan Logan Esq's answer
Filing anything and getting a hearing would take much longer than a week, so you probably should give her another week. However, do it in writing and ask for a written acknowledgement and agreement. If she doesnt comply your remedy is not contempt, but a motion to compel and for fees if you had to hire an attorney, which is what you should probably have done.

Q: If I pay for my childs braces out of pocket is this the type of thing my ex has to reimburse me for per court order?

1 Answer | Asked in Child Custody and Divorce for Ohio on
Answered on Mar 25, 2019
Joseph Jaap's answer
If the order only addressed "medical" and not also "dental," and the braces are not medically required, then he might not be required to pay. But it depends on the specific wording in the order. Use the Find a Lawyer tab to retain a local family law attorney to review the decree and all the facts, and advise you.

Q: Is there any legal aid that will help me get my divorce when the one is incarcerated and abandoment

1 Answer | Asked in Divorce for Ohio on
Answered on Mar 21, 2019
Joseph Jaap's answer
Check the legal aid office in your location. Some local courts have clinics with volunteers to help those without an attorney. The court's forms are on the court's web site, or the Ohio Supreme Court web site. Use the Find a Lawyer tab to contact some local family law attorneys to try to find one within your budget.

Q: If your wife signs her company over to one of her affiliates for free then files divorce do you have legal recourse?

2 Answers | Asked in Divorce, Criminal Law and Business Law for Ohio on
Answered on Mar 1, 2019
Joseph Jaap's answer
Yes, you have legal recourse in a divorce. Marital assets are subject to division, including assets improperly transferred. Use the Find a Lawyer tab to retain a local divorce attorney who can review all the details and advise you of your options.

Q: We are still married - no legal separation, no court child custody (6 and 12 yrs old) - could I leave the state of oh?

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Ohio on
Answered on Mar 1, 2019
Joseph Jaap's answer
Nothing stops you from moving, but until you establish residency in a new state, which could take 6 months, the prior state retains jurisdiction over any child custody issues, and the court could require you to return the children. Before moving, use the Find a Lawyer tab to consult a local family law attorney about your options.

Q: Going through divorce with a wife. She took all her stuff and left and abandoned it

1 Answer | Asked in Divorce and Landlord - Tenant for Ohio on
Answered on Feb 18, 2019
Joseph Jaap's answer
It is not illegal for her to do those things. During the divorce process, the the court will determine ownership of household items, cars, etc. You could file a motion for the court to order possession of a car. Use the Find a Lawyer tab and retain a local divorce attorney to review all the facts and advise you if you are not already represented by an attorney.

Q: If you have made a will with your spouse and then get divorced, is that will still valid?

1 Answer | Asked in Divorce and Estate Planning for Ohio on
Answered on Feb 8, 2019
Joseph Jaap's answer
A divorce terminates a spouse's inheritance rights. The will is still valid, but the spouse is assumed to have already died, so nothing would go to the spouse. But it is prudent to consult with an estate planning attorney to review the divorce documents and will, and advise you about making a new will since there have been significant federal estate tax changes.

Q: My wife and I are going through a divorce. If she is not seeking child support will the court force it?

1 Answer | Asked in Divorce and Child Support for Ohio on
Answered on Feb 7, 2019
Joseph Jaap's answer
If you and she agree on everything in an uncontested divorce, and you both have relatively equal time with the child, equal sharing of expenses, relatively equal incomes, and each can provide an adequate place to live, then the court might allow an adjustment to the standard child support calculation, so that nobody pays child support. But the court require child support, even if you both agree that none is needed. If no child support is ordered now, if any circumstances change, either parent...

Q: Is it legal to track someone if you’re are married but living apart? Does being married make a restraining order hard?

2 Answers | Asked in Criminal Law and Divorce for Ohio on
Answered on Jan 27, 2019
Patrick DiChiro's answer
I WOULD BE VERY CAREFUL. IF YOU DECIDE TO FOLLOW SOMEONE OR PLACE A GPS ON THEIR CAR, YOU COULD BE CHARGED WITH MENACING BY STALKING.

I WOULD PURSUE OTHER MEASURES SUCH AS BUYING A CAMERA/SECURITY SYSTEM. IF YOU WANT TO GO ONE STEP FURTHER, HIRE A LICENSED PRIVATE DETECTIVE.

BEST OF LUCK

PAT DICHIRO.

Q: I'm 16, am I able to change my custody to my mom from my dad to switch schools & get out of a bad environment wout court

1 Answer | Asked in Divorce, Family Law, Child Custody and Education Law for Ohio on
Answered on Jan 23, 2019
Joseph Jaap's answer
The court makes that determination. Your mother would have to file with the court to ask for a change. The court will take your desire into account, but might not agree to the change.

Q: I got divorced in Cleveland Oh and i have shared Parenting. My Decree and shared parenting Plan are All in Cleveland

1 Answer | Asked in Child Custody, Civil Litigation, Divorce and Family Law for Ohio on
Answered on Jan 22, 2019
Joseph Jaap's answer
She should have filed a change of address with the OH court which handled the divorce, and it would retain jurisdiction. She could file something in MI, but the MI court would likely say it belongs in OH court.

Q: got divorced in Cleveland in 2011. I have Shared Parenting. Cleveland Courts. My X lives in Michigan with our son. If

1 Answer | Asked in Divorce for Ohio on
Answered on Jan 22, 2019
Joseph Jaap's answer
She should have filed a change of address with the OH court which handled the divorce, and it would retain jurisdiction. She could file something in MI, but the MI court would likely say it belongs in OH court.

Q: i received a notice for divorce summons. it says i have 3 days to respond. how do i contest the divorce filing?

1 Answer | Asked in Divorce for Ohio on
Answered on Jan 17, 2019
Joseph Jaap's answer
In Ohio, if one spouse wants the divorce, the divorce will happen. The other spouse cannot prevent it. The court will determine the division of property, spousal support, parenting and child support issues. So you will have to participate in the divorce process to ensure a favorable outcome for you. If you ignore the divorce, then it could turn out badly for you. Some courts have legal clinics with volunteers to assist those in a divorce who do not have an attorney. But you would be...

Q: Ohio Divorce and 90 day county residency requirement while living in county without traditional housing.

1 Answer | Asked in Divorce for Ohio on
Answered on Jan 2, 2019
Joseph Jaap's answer
If spouse has been living in the same place in Ohio for 90 days, and you have been living in Ohio for 6 months, then you can file in her county of residence. Or wait until you have been in the same county for 90 days continuously prior to the date you file.

See this form:

https://www.sconet.state.oh.us/JCS/CFC/DRForms/Form6.pdf

Use the Find a Lawyer tab to retain a local family law attorney to assist you.

Q: Im wanting to file an uncontested divorce but have no source of income. What can i do?

1 Answer | Asked in Divorce for Ohio on
Answered on Dec 26, 2018
Joseph Jaap's answer
If your spouse has income, then the initial divorce filings can include a request for temporary spousal support payments. The forms for divorce are available on the web site of your local domestic relations court, or the Ohio Supreme Court at this link:

https://www.supremecourt.ohio.gov/JCS/CFC/DRForms/

If you have no money, ask your local court for the affidavit to waive the filing fee. Some courts and local law schools have legal clinics with volunteers to answer questions...

Q: Is it possible to get help in navigating the divorce packet, I need to know that I have filled everything out correctly.

1 Answer | Asked in Child Custody, Child Support and Divorce for Ohio on
Answered on Dec 21, 2018
Joseph Jaap's answer
Some courts or local law schools have legal clinics with volunteers to answer questions. Otherwise, it is prudent to retain a local family law attorney to assist you. If the documents are not done properly, or you fail to include something, it can be difficult or impossible to fix later. Use the Find a Lawyer tab to retain a local family law attorney to advise you.

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