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Ohio Divorce Questions & Answers
1 Answer | Asked in Divorce for Ohio on
Q: Do we need to complete the financial affidavit in a dissolution of marriage without children?

My husband I are filing for dissolution of our marriage in Montgomery County, OH. We are in agreement on all terms in the Separation Agreement. Will we really need to file the financial affidavits? We own nothing mutually. Nobody is requesting spousal support.

Joseph Jaap
Joseph Jaap answered on Nov 8, 2021

Check the local court web site for which forms are required, or call the court and ask. If you do not file all the required forms, the process will not go forward.

1 Answer | Asked in Divorce for Ohio on
Q: Can i have my spouse sign an agreement before purchasing a home?

My wife an I have had problems and we are about to buy a home. I dont want to have 5+ years of equity go to waste and lose the home to her IF we end things. Can I have someone draw up an agreement to have her sign so that if we divorce, we can split the home down the middle or one of us buys the... Read more »

Anthony C. Satariano
Anthony C. Satariano answered on Nov 5, 2021

Postnuptial agreements (meaning after you are already married) are not enforceable in Ohio. However, your goals (either split the home equity or one of you buy the other out) are both very likely scenarios if a divorce occurred regardless.

1 Answer | Asked in Divorce for Ohio on
Q: Can my husbands 401k get tranfered to my bank account after divorce and qdro form or does it have to go into another 401

Divorce hearing is less than a month. We have a qdro form. Can the $ get transferred to my bank account? Does it have to go into my own 401k?

Joseph Jaap
Joseph Jaap answered on Oct 25, 2021

You must to talk to your lawyer about the 401k and what can be done with it. If you don't have an attorney, use the Find a Lawyer tab to retain a local divorce attorney who can review the circumstances, advise you, and prepare a QDRO if needed.

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: My ex-husband and I've been living together in Ohio in the marital home together throughout disillusionment

His name is the name on the deed the disillusionment agreement says we each get 50% at the home it was signed by the judge finalized we both continue 2 reside here it's for sale exhusband tells me I'm a squatter and I need to leave can he do this?

Joseph Jaap
Joseph Jaap answered on Oct 22, 2021

Whether you can stay depends on the terms of the Separation Agreement which would be attached to the Decree of Dissolution filed by the court. Review that Separation Agreement then talk to the attorney who handled your dissolution case. If you didn't have an attorney, that could be a... Read more »

1 Answer | Asked in Divorce for Ohio on
Q: I purchased a home in 2017 ..and got married in 2020 is she entitled to anything pertaining to this home?
Joseph Jaap
Joseph Jaap answered on Oct 6, 2021

Yes, as a spouse , she acquired rights in the home and any other real estate and property that you own. If you sell the home, she would have to agree to sign the transfer deed. In a a divorce, she could be entitled to receive a portion of any increase in equity during the time of the marriage.... Read more »

1 Answer | Asked in Divorce for Ohio on
Q: Divorce Everything has been settled between us. Do i still have to list of bills /property for the court system
Joseph Jaap
Joseph Jaap answered on Sep 20, 2021

The divorce process requires both spouses to file the required affidavits of property and income with the court and provide copies to each other. Use the Find a Lawyer tab to retain a local divorce attorney to advise you.

1 Answer | Asked in Divorce for Ohio on
Q: My husband and I have been married 5 years he’s a cheater and a liar. If I leave my home can I be charged?

He had a baby on me he is 1 we have a house together both names on it. He is going thru custody battle for his son now. He lives with us I watch him while he works. I don’t have an income currently because I’m home watching his son. He’s now refusing to pay my car payment that he has been... Read more »

Matthew Williams
Matthew Williams answered on Sep 3, 2021

Charged with what? There's nothing illegal about leaving your husband or your home.

1 Answer | Asked in Criminal Law and Divorce for Ohio on
Q: Today I saw a text between my soon to be ex husband and his friend stating they were going to make copies of my keys

They are planning to steal my car. What should I do

Matthew Williams
Matthew Williams answered on Aug 30, 2021

Call the police

1 Answer | Asked in Divorce and Domestic Violence for Ohio on
Q: Can I, and how do I go about, scheduling a Deposition and calling on a Witness to participate— without an attorney?

I can no longer afford legal representation at the current time. I had to let my attorney go last week. Having a Deposition ASAP is in my best interest. Without counsel, I could use guidance on where to begin and how to best proceed.

Andrew Popp
Andrew Popp answered on Aug 30, 2021

The Ohio Rules of Civil Procedure are the place to begin. See the link below:

https://www.supremecourt.ohio.gov/LegalResources/Rules/civil/CivilProcedure.pdf

Depending on where you are, I would check to see if there are any local rules which pertain to the manner in which...
Read more »

1 Answer | Asked in Divorce for Ohio on
Q: Is it illegal to divorce someone to avoid taking on their debt in the event of their death.
Joseph Jaap
Joseph Jaap answered on Aug 16, 2021

There are numerous grounds for divorce in Ohio. But you don't really need much of a reason - "incompatibility" is typical. Use the Find a Lawyer tab to consult a local divorce attorney.

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: I'm currently working overseas and in need of legal representation to challenge the courts ruling.

The ruling has me in contempt of court and subject to 30 days in jail if I do not reimburse my ex-wife and pay her attorney fees within 30 days. I have a compliance hearing scheduled for 30 September.

Matthew Williams
Matthew Williams answered on Aug 6, 2021

You've indicated that you need a lawyer. You've also said you are overseas, and Justia has the question in the Ohio section with a location in Virginia. So the first step here is to figure out where you have court so you can seek out an attorney who practices in that area. You want to... Read more »

2 Answers | Asked in Bankruptcy and Divorce for Ohio on
Q: Hi! File bankruptcy now or wait on half of 401K funds due to me from QDRO? Also,CC comp suing me. Court hearing soon

No clue what to do first. Divorce decree from OCT states that I intend to file for bankruptcy. However, QDRO funds are WAY overdue due to negligence of ex, his lawyer,both…so it’s costing me money in lawyer fees every month chasing them down. I’m broke. Now I can’t afford to pay another... Read more »

Cristina M. Lipan
Cristina M. Lipan answered on Aug 4, 2021

This is not legal advice. However, there is case law that says retirement funds owed by the ex spouse through a divorce settlement is an non-exempt interest and property of the estate (meaning a bankruptcy trustee can take it to pay creditors). However, retirement accounts are exempt, and a QDRO... Read more »

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1 Answer | Asked in Divorce for Ohio on
Q: In Ohio if both parties file for divorce in separate counties, what county has jurisdiction?
Cathy Cook Esq
Cathy Cook Esq answered on Aug 3, 2021

If both have lived in their counties 90 days before filing, the one who obtains service first is the county where the case will be.

1 Answer | Asked in Divorce for Ohio on
Q: Proceedings To Dissolve your marriage

I got a letter with my husband for a proceedings to dissolve your marriage from his attorney I don’t have one and I have no idea what it is and he is yelling for me to sign it not knowing what I’m signing

Joseph Jaap
Joseph Jaap answered on Jul 19, 2021

Your spouse wants to terminate your marriage. A dissolution of marriage is a way for the spouses to terminate their marriage if they agree on all the terms of property division, spousal support, child custody, etc. If the spouses cannot agree on everything, then it proceeds as a divorce. Use the... Read more »

1 Answer | Asked in Divorce for Ohio on
Q: i want out of my marriage for numerous reasons i am 63 years old my husband wants me to file for social security and not

be held accountable to pay me any entitlements we have been married for 43 years is it a good idea for me to file for social security

Joseph Jaap
Joseph Jaap answered on Jul 12, 2021

There is no way to answer that without knowing all the facts of your situation. Use the Find a Lawyer tab to retain a local family law attorney who can review all the facts and advise you of your rights to martial property, finances, and spousal support.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Ohio on
Q: How can I get Divorce, custody, child / spousal support help?

Hi, I'm a stay at home mom to 4 kids including a breastfed infant. My husband works 12 hours a day and 3 days off, but is not present when home as he smokes weed outside for hours on end. Or he's asleep because of medical issues and can't be woken up. I have a support system and do... Read more »

William Lehner
William Lehner answered on Jul 5, 2021

You should talk privately with a divorce lawyer. Don't be afraid. From what you said, it is most likely that it is in the best interest of the children for them to be with you. A Guardian Ad Litem can be appointed who would probably say that the kids should not be with a pot head. He would... Read more »

1 Answer | Asked in Divorce for Ohio on
Q: I lied to a judge in ohio about not hearing from my estranged wife for a year and claimed that I had no way to contact

Can she file charges against me claiming that I lied to the judge

Andrew Popp
Andrew Popp answered on Jun 30, 2021

Lying under oath is perjury. See Section 2921.11 of the Ohio Revised Code. (link below). It is a criminal offense and punishable as such. You can serve up to 3 years in prison if convicted. You probably want to get an attorney on board to defend you and represent your interests.... Read more »

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Ohio on
Q: My husband left me. I want the kids to live with me. What do I do?

Together seven years. Married two. I've been an at-home-parent most of that time. I am looking for work, but currently unemployed.

Joseph Jaap
Joseph Jaap answered on Jun 9, 2021

You can file for divorce and ask for child support and spousal support. Use the Find a Lawyer tab to retain a local family law attorney.

1 Answer | Asked in Child Custody, Child Support and Divorce for Ohio on
Q: Can I get a divorce attorney that is court appointed
Joseph Jaap
Joseph Jaap answered on May 24, 2021

Courts do not appoint attorneys for divorce cases -- that's only for criminal cases. The spouses get their own attorneys and pay for them. It is not required to have an attorney for a divorce, but it is recommended. Use the Find a Lawyer tab to contact some local attorneys and select one to... Read more »

1 Answer | Asked in Divorce for Ohio on
Q: How do i file perjury charges regarding affidavits made in the domestic court in franklin county?
Linda J. Lawrence
Linda J. Lawrence answered on May 19, 2021

For this kind of legal work, its best to obtain an expert attorney. Our firm offers a free 30 minute consultations, feel free to reach out to us.

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