Lawyers, Answer Questions  & Get Points Log In

Ohio Divorce Questions & Answers

1 Answer | Asked in Divorce for Ohio on

Q: If i have been married since 2008 and don't have. Children or anything together and was only together 2 weeks after.

We was only together 2 weeks after we got married and even after marriage we didn't live together he won't help pay im a single mom and cant afford it but his fiance and him have both corrnered me telling me to pay to have it done i am currently without work and taking care of my mom i want this... Read more »

Joseph Jaap answered on Jul 15, 2019

Some local courts have legal clinics with volunteers to help with divorces for those who do not have an attorney. Check with your local court or your local bar association.

2 Answers | Asked in Divorce for Ohio on

Q: I'm wondering, if I divorce my husband of 19 yrs, would I be able to claim some of his house, land, and retirement?

But what if he owned the house and land a few yrs b/f we married?

Joseph Jaap answered on Jul 8, 2019

A divorce divides all the marital property which was acquired and saved during the marriage, typically 50-50. A divorce also determines what amount of spousal support (alimony), if any, must be paid. Use the Find a Lawyer tab and retain a local divorce attorney who can review your situation,... Read more »

View More Answers

4 Answers | Asked in Bankruptcy and Divorce for Ohio on

Q: Do I have to have a finalized divorce before I can file bankruptcy?

I am still legally married. We have lived separately for well over 4 years. I would like to file bankruptcy. I've been told that in order to do so that we both would have to file. He doesn't want to. I need an idea of where to start. Should I start the divorce first or is there a way to do the... Read more »

Stuart Nachbar answered on Jul 3, 2019

In New Jersey, if you are living separate and apart, then it is possible to file without your spouse. The consideration of deciding whether to divorce first or file first, is a question better suited for an in depth discussion with a matrimonial counsel who is familiar with Bankruptcy in your area.

View More Answers

1 Answer | Asked in Child Custody, Child Support and Divorce for Ohio on

Q: 8 years married, how much alimony will i be in title to in my divorce from my husband? We have two kids together as well

We have two kids together, which are 3 and 10 how much child support would i get for my kids and how does the laws fit in for a unemployed mother?

Joseph Jaap answered on Jun 27, 2019

There is no formula to determine alimony (spousal support). If the two spouses cannot agree on an amount and duration, then the court will review the income, expenses, debts, employability of someone who is unemployed, and total financial situation, and determine the amount and for how many years... Read more »

1 Answer | Asked in Divorce for Ohio on

Q: Is he entitled to my house if he pays the mortgage? ? If I pay the house off while we are married does he get ½?

I live in Hamilton County, Ohio. I got married in 2015. My husband came into the marriage with credit card debt, told me he had none, and he continues to spend. If Credit Cards are in his name will I be responsible for ½ of his debt? I bought my home in 2006. It is in my name only and was... Read more »

Joseph Jaap answered on Jun 25, 2019

A divorce resolves the issues of what is marital property -- subject to being divided, and what is a spouse's separate property that the spouse gets to keep. If he has contributed to the payment of mortgage and other expenses, then the house might have initially been your separate property, but... Read more »

1 Answer | Asked in Divorce, Family Law and Adoption for Ohio on

Q: I am married but I also pay child support and there is no court order is it legal for her to keep my children from me?

I live in celina ohio my wife currently keeps the kids from me for long periods of time like hides for no reason. She currently moved out of this trailer and her neighbors said a bunch of crazy things about her and what happened when she lived there but any ways. There is No court custody agreement... Read more »

Joseph Jaap answered on Jun 24, 2019

If there is no court order for custody, then each married parent has equal rights to the child. Use the Find a Lawyer tab to retain a local family law attorney to review your situation and advise you of your options.

1 Answer | Asked in Divorce, Domestic Violence and Family Law for Ohio on

Q: Me an my wife are technically still married she has not let me see my child talk to or let me know if he is ok

Ia this legal...she supposely went an filed harassment charges on me but i have yet to get any paperwork.. It has been over 3 weeks since ive seen him an she also wont let me get any of my daughters cloths or childhood things that mean alot to her. She sold all of my mowers weedeaters mini bikes... Read more »

Joseph Jaap answered on Jun 24, 2019

Use the Find a Lawyer tab to retain a local family law attorney who can review the situation and advise you about filing for divorce and getting temporary orders so you can see your child.

1 Answer | Asked in Divorce for Ohio on

Q: Does anyone have the direct link to where I can get a copy of a waiver in Clark County Ohio

not to have to disclose finances in a dissolution case

Joseph Jaap answered on Jun 20, 2019

Their forms do not appear to be on line. Check this link:

https://www.clarkcountyohio.gov/DocumentCenter/View/2804

Or call the court and ask them where to get the form.

2 Answers | Asked in Divorce for Ohio on

Q: WHERE CAN I FIND WAIVER FORMS FOR A DISSOLUTION CASE NOT TO DISCLOSE FINANCES

Joseph Jaap answered on Jun 20, 2019

Here is a link to the Hamilton County, Ohio waiver form when there is no spousal support and no children.... Read more »

View More Answers

1 Answer | Asked in Divorce for Ohio on

Q: I just finished a dissolution and the decree will include a name change to my maiden name. Can I not change my name?

Joseph Jaap answered on Jun 20, 2019

You are not required to change your name if you choose not to. The decree allows you to do it now, or at any time in the future.

1 Answer | Asked in Divorce, DUI / DWI and Family Law for Ohio on

Q: My stepson recently informed us that his mother drove drunk with him in the car. What is our best course of action?

My stepson is 13 and they were at a park for a party. His mother reportedly had been drinking, and then proceeded to drive home. Prior to leaving the park, she drove into a tree, as well, and her husband continued to allow her to drive home. My stepson advised that he was very scared, and my... Read more »

Joseph Jaap answered on Jun 19, 2019

The first step would be to talk to her about it. Does she have a problem? Is she alcoholic? Would her husband deny what your stepson says? Was an insurance claim filed for hitting the tree? If so, if you file with the court for a change in custody, and you could get a copy of that. Use the... Read more »

1 Answer | Asked in Divorce for Ohio on

Q: In a no fault,nochildren,no property dissalusion, how do I prove I have no income when I get the afidavit notorized?

Denise Rini Esq answered on Jun 6, 2019

Greetings from the North Coast. The affidavit is usually sufficient to show indigence, though any type of document will suffice. Do you receive public assistance, food stamps, medical insurance or SSI?

1 Answer | Asked in Divorce for Ohio on

Q: I have to fill out an affidavit of income for my dissalusion but I have no income. How am I supposed to prove that?

Philip Allan Logan Esq answered on May 31, 2019

The forms are required, simple indicate that you are unemployed and received no wages. There may be aplace on the forms to list other forms of income such as unemployment, SS disability, etc.

1 Answer | Asked in Divorce for Ohio on

Q: In a no fault,nochildren,no property dissalusion, how do I prove I have no income when I get the afidavit notorized?

Robert Mues Esq answered on May 30, 2019

You do not "prove" anything to the Notary. All you do is swear under oath to the Notary that the information on the affidavit is truthful. The Notary does not attempt to verify the factual accuracy of the information on the affidavit. Very simple.

1 Answer | Asked in Divorce, Family Law and Child Custody for Ohio on

Q: My husband has sole custody and i have supervised visits which hes refusing for a year now...what can i do?

Were still married. The kids have been living w him for over a year between his moms and his gf...he wont let me talk to or see them. Visits are supposed to be agreed by Both of us and it hasnt happened in over a year. I pay child support. Please help. I miss my kids. And his new girlfriend doesn't... Read more »

Denise Rini Esq answered on May 21, 2019

If you are still married and there is a Court Order for supervised parenting, file a Motion to Show Cause in the Court. A Motion will notify the Court that you have been denied any contact with your child and the Father will have to appear and explain why. Most Courts have the forms on line,... Read more »

1 Answer | Asked in Child Custody, Divorce and Family Law for Ohio on

Q: My husband has sole custody and i have supervised visits which hes refusing for a year now...what can i do?

Were still married. The kids have been living w him for over a year between his moms and his gf...he wont let me talk to or see them. Visits are supposed to be agreed by Both of us and it hasnt happened in over a year. I pay child support. Please help. I miss my kids. And his new girlfriend doesn't... Read more »

Joseph Jaap answered on May 21, 2019

Check your local court web site for the forms to file to ask the court to have him held in contempt. If you review the forms, you can fill those out and file them yourself. Some local courts have legal clinics with volunteers to help those who do not have an attorney.

1 Answer | Asked in Divorce and Family Law for Ohio on

Q: how can I keep my house in a divorce?

We have 3 minor children together and he has a 15 year old son and an adult daughter that lives with us. We are both listed as owners of our house I would like to keep custody of the children and the house what can I do

Philip Allan Logan Esq answered on May 16, 2019

This is what courts are for if you and he cant agree. Usually the court would allow a mother with minor children to reside in the home and give her 3-5 to refinance or pay her ex his half of the equity. You need to hire and discuss this with an attorney.

1 Answer | Asked in Divorce for Ohio on

Q: I divorced in 2012. Ex took full legal responsibility for houseloan, homeinsurance , taxes. Had 3 yrs to refinance

He did not refinance, am I still liable? Would He be in contempt? He Wants me to sign new loan so he can refinance and get lower payment, take me off after a year of no late payments which will be deducted automatically with his disability payments.

Should I do this?

Joseph Jaap answered on May 13, 2019

If he did not refinance as required, he could be found in contempt. Contact the attorney who handled your divorce or use the Find a Lawyer tab to retain a local divorce attorney who can review the divorce decree and facts of the situation and advise you.

2 Answers | Asked in Divorce for Ohio on

Q: I want to get a divorce from my wife we have no kids no marital assets and been separated for almost two years

Joseph Jaap answered on May 13, 2019

Living apart for one year is grounds for a divorce. The forms to file a divorce are on line. Check your local court web site or the Ohio Supreme Court web site. Or use the Find a Lawyer tab to retain a local divorce attorney to assist you.

View More Answers

1 Answer | Asked in Divorce, Family Law, Real Estate Law and Legal Malpractice for Ohio on

Q: How can my wife remove my name from our joint mortgage loan without me knowing until I found out on my own? 2162338367

I damaged my skull after falling down stairs in 2011. No drugs or alcohol tested for at the hospital. We agreed on a separation for me in an apartment because we did not want to let the kids see any seizures I might have. No separation of marriage or divorce but she said that we are separated by... Read more »

Denise Rini Esq answered on May 8, 2019

The only recourse is to contact Wells Fargo for the bank policies.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.