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Ohio Divorce Questions & Answers
1 Answer | Asked in Divorce for Ohio on
Q: Pro bono are low fee lawyer I am on SSI disability

Me and my husband have no money or children or assets together or properties

Joseph Jaap
Joseph Jaap answered on Apr 13, 2021

Check your local domestic court web site for the forms to file for a dissolution if you and our spouse can both agree on the divorce. Some courts have volunteers to assist those without and attorney, or legal clinics to help. Also check with any local law schools for assistance. Use the Find a... Read more »

2 Answers | Asked in Divorce and Family Law for Ohio on
Q: DO I HAVE TO GIVE MY WIFE HALF OF MY INHERITED MONEY?

I HAVE INHERITED MONEY FROM MY MOTHER AND I HAVE THE ORIGINAL LETTER. MONEY IS IN AN IRA ACCOUNT AT FIDELITY. I HAVE SOLD STOCKS AND BOUGHT BETTER STOCKS. BUT ALL THE MONEY IS STILL THERE. MY WIFE'S NAME IS ON THE ACCOUNT BUT SHE WAS NEVER GIVEN THE PASSWORD. I CAN PROVE THE MONEY WAS GIVEN TO... Read more »

Joseph Jaap
Joseph Jaap answered on Apr 12, 2021

If her name is on the account, then it makes it more problematic for you. You'll have to prove it is all inherited and trace all the funds. Use the Find a Lawyer tab to retain a local divorce attorney to review all the facts and advise you.

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2 Answers | Asked in Divorce for Ohio on
Q: Do I have to share my checking account with my husband when we divorce the account is only in my name

I opened the account almost 5 years ago and we have been married for almost 15 years

Joseph Jaap
Joseph Jaap answered on Apr 12, 2021

If the account was opened during the marriage, and the funds are not from an inheritance, then it could be considered marital funds, subject to 50-50 split. 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 Family Law for Ohio on
Q: Can my soon to be ex- husband dictate who watches our kids when we are at work?

This is a fresh divorce (2 weeks). We still live in the same house but hoping he is moving soon. There has been a long history of mental/emotional abuse. There was a first time ever confrontation between my mom (our full time sitter - 5 days/wk) and my husband regarding some verbal/emotional abuse... Read more »

Cathy Cook Esq
Cathy Cook Esq answered on Mar 26, 2021

First, you need an attorney in your divorce. On this issue, you need to file a motion to restore your mother as the babysitter.

1 Answer | Asked in Divorce, Family Law and Child Custody for Ohio on
Q: Should I talk to the Guardian ad litem about this issue?

My daughter confided in my that her other parent told her I’m the reason she can’t partake in cheer. The other parent said I wasn’t allowing her to participate in other activities last year before the pandemic and was unlikely to allow this in the future. I reassured my daughter that I want... Read more »

Cathy Cook Esq
Cathy Cook Esq answered on Mar 25, 2021

Yes, you should inform the GAL.

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: I gave my soon ex-husband exclusive use of the house. He moved his new girlfriend in now. Can I do anything about it?

Both are names are on the deed

Joseph Jaap
Joseph Jaap answered on Mar 22, 2021

As a co-owner, he can invite anyone to be a guest, and another co-owner can't stop it. If you are in the middle of a divorce, you can file a motion with the court to ask for temporary occupancy for yourself. But the court might not agree to it. Talk to your attorney or use the Find a Lawyer... Read more »

1 Answer | Asked in Divorce for Ohio on
Q: How do I make a parenting plan for a dissolution in ohio
Joseph Jaap
Joseph Jaap answered on Mar 18, 2021

That question is too complicated to be answered on-line. It depends on all the circumstances of a family's situation, such as number of kids, their ages, work schedules, family income, etc. A dissolution requires both spouses to agree on all aspects of the parenting plan, the division of... Read more »

2 Answers | Asked in Divorce for Ohio on
Q: My wife and I live in a house her father owns we have an oral contract. If we divorce who has rights to live there?

I pay all the bills including rent, utilities, phone, internet, and car. We have 2 kids both under 2 years old. She is unemployed and has been unemployed for over 2 years her last 4 jobs she only worked at for about a month or 2 and that was over about a 2 year period.

Joseph Jaap
Joseph Jaap answered on Mar 11, 2021

If there is no written lease, then it is a month to month tenancy, and it can be terminated by landlord giving written 30 days notice, and then file an eviction. So he would likely evict you, not his daughter and grandkids. Use the Find a Lawyer tab to retain a local divorce attorney who can... Read more »

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1 Answer | Asked in Divorce for Ohio on
Q: So im wondering i am going through divorce and there was an accidental condo fire... Am i now in contempt of court?

Standard mutual protection order: Pursuant to Local Domestic Rule 43, IT IS ORDERED that effective on the date a Complaint is filed, each spouse is enjoined from committing any of the following acts:

"Selling, damaging, destroying, removing from its present location, encumbering,... Read more »

Cathy Cook Esq
Cathy Cook Esq answered on Mar 9, 2021

Accidental fire is not a violation. If she is keeping the children from you, you need to file a motion for parenting time.

1 Answer | Asked in Criminal Law, Divorce and Domestic Violence for Ohio on
Q: My question is about expungement

I was charged with M4 DV in 2019. I pled to MM Dis. Conduct and I recently applied to have my record expunged. Here is my concern: in 2008 I was charged with M1 DV and I pled to M4 DV. I got that record expunged. I'm now concerned that when looking this up, they could decide that I should... Read more »

Cathy Cook Esq
Cathy Cook Esq answered on Mar 1, 2021

No, once you plead & are convicted, the case can’t be reopened.

1 Answer | Asked in Divorce for Ohio on
Q: In 2005 I got married in Columbus, Ohio. My marriage certificate was signed by a 7-year-old witness. Does that void it?
Joseph Jaap
Joseph Jaap answered on Feb 25, 2021

Ohio does not currently require a witness to sign a marriage license. The person performing the marriage ceremony must sign and return it to the county. See this link for more information:

http://codes.ohio.gov/orc/3101

1 Answer | Asked in Divorce for Ohio on
Q: When doing a quit claim deed for a divorce settlement do you put the amount paid to the spouse on the quit claim deed?
Joseph Jaap
Joseph Jaap answered on Feb 24, 2021

A quit claim deed does not need to state the amount. But it should be prepared by an attorney and properly recorded.

2 Answers | Asked in Divorce for Ohio on
Q: Hi I am going through a divorce my husband is about to file and he is living in Montana and me and the kids are in Ohio

Hi I am going through a divorce my husband is about to file and I live at his parents house with our to kids and he lives in Montana and I don't know were to start or what to do. We have been married 10 years and I haven't work but 1 of those. He is not going to try to pay me so he is... Read more »

Joseph Jaap
Joseph Jaap answered on Feb 22, 2021

File for divorce first where you live in Ohio. Do not delay and allow him to file first in Montana. Use the Find a Lawyer tab to retain a local divorce attorney who can review all the facts, advise you about the divorce, and get it filed ASAP.

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1 Answer | Asked in Divorce for Ohio on
Q: What can I do Is it against the law for my wife to take my kids and go out of state and may be unaware of where there at
Matthew Williams
Matthew Williams answered on Feb 16, 2021

Not necessarily. There is a crime called interference with custody. But, it is highly fact dependent. For example, if your wife takes your kids out for ice cream while you are at work and doesn't tell you, you don't know where they are but she doesn't have to tell you every little... Read more »

1 Answer | Asked in Divorce for Ohio on
Q: How would I go about a divorce when I haven't seen or talked to my spouse in over 10 years?
Cathy Cook Esq
Cathy Cook Esq answered on Feb 10, 2021

You would need to make an effort to find your spouse. If you cannot, then you file for divorce and serve your spouse by publication. Once that service is complete, you will have a hearing with the court where you will have to testify regarding marital assets and debts, if any, the court must divide.

1 Answer | Asked in Divorce and Real Estate Law for Ohio on
Q: What constitutes a gift ? Profits from house sale give to 1 person and 1yr later the other spouse wants there share back

Have a signed notarized agreement to gift the profits of home to other spouse

Cathy Cook Esq
Cathy Cook Esq answered on Feb 4, 2021

Need more facts. If you were separated, physically & financially, when this was written, it could be a partial separation agreement and valid. If this was done while you were still living together or still financially together, it would not be, ax we do not recognize post-nuptial agreements in Ohio.

1 Answer | Asked in Child Custody, Divorce and Family Law for Ohio on
Q: How is this going to be legally viewed by the courts?

Father abandoned children 4 yes ago.

Children’s counselors have found evidence of mistreatment and abuse during the initial visitations with him and his girlfriend. The councilor”s filed reports with CPS.. the children are fearful and do not want to return to visitations. Does his... Read more »

Cathy Cook Esq
Cathy Cook Esq answered on Feb 4, 2021

The court will always try to reunite children with a parent, barring any proof of ongoing abuse. I'm surprised the initial visits have not been supervised. You might be able to get them supervised now if the counselor will testify about concerns for the children's well being.

1 Answer | Asked in Divorce for Ohio on
Q: What if she refuses to sign the papers
Cathy Cook Esq
Cathy Cook Esq answered on Jan 31, 2021

If your spouse does not sign a separation agreement or shared parenting plan, you will have to pursue a court order.

1 Answer | Asked in Divorce and Real Estate Law for Ohio on
Q: If I am on the mortgage can I still apply for a house on my own? I want to apply for one with my bf this year.

I just dont want me to not be able to get a house bc they are using my credit for him to keep the house

Cathy Cook Esq
Cathy Cook Esq answered on Jan 19, 2021

You will probably have trouble qualifying since you are on another house loan. You should have required you ex to refinance the loan.

1 Answer | Asked in Child Custody, Child Support and Divorce for Ohio on
Q: Friend involved in a very messy divorce in Ohio. They were suppose to negotiate a dissolution, but when he wouldn’t

agree to all of her demands and he finally found evidence of her adultery, she filed for divorce. For 4 months since, it has been hell. She started arguments and then blames him, she refused to let him back in the house when they were suppose to be taking turns, has bashed him on all social media... Read more »

Cathy Cook Esq
Cathy Cook Esq answered on Jan 17, 2021

Your friend should discuss his attorney for his plan & time frame. He may also wish to obtain a second opinion on how to proceed. It is very difficult to provide more without knowing more details on the case and orders.

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