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 »
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 »
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 »
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 husband and i are currently in marriage counselling and I fear that a divorce might be the result. Any guidance to make this as financially friendly and peaceful as possible, is greatly appreciated. We do not have kids, only 2 cats.
answered on Mar 14, 2023
It's difficult to say based on the small amount of information provided whether or not a Court would be likely to award spousal support. This is decided based on about a dozen factors; however, differential in income is one factor (and usually the most important). The Court will consider... Read more »
My ex moved out in May. He stopped paying on the car i drive months ago and we had an agreement for him to help financially weekly but he stopped back in November and only has our 2 kids overnight 2 times a week. Now he is moving in with his current girlfriend who has 4 kids, 2 seniors 2 freshman,... Read more »
answered on Jan 16, 2023
If you are married, you should file for divorce and seek a temporary child support and spousal support award as part of your filing. If you are not married, you should go to your county's child support enforcement office to obtain an administrative child support award.
the divorce might be this summer but idk, im scared my dad wont get custody and my mom will hurt me for trying to live with him, i never get a chance. to record her or anything and she isnt psychically abusive, but i have been sent to mental wards twice because of the stree, im only 13 and i want... Read more »
answered on Jan 5, 2023
Your father needs to seek a guardian ad litem to represent you in the divorce. Talk to the guardian once they are appointed and tell them this information. It is very likely that the guardian will recommend custody to your father if they hear you say that, even without proof.
If you are... Read more »
Both parties lived out of Ohio state as US citizens at the time of application but spouse listed a false former Lake County address on the application. Marriage ceremony took place in Lake County, OH. Provide Next Steps Please.
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answered on Dec 27, 2022
We cannot provide legal advice and guidance here. Ohio does not require residency to marry. Outsiders simply file for a marriage license in the county where the ceremony will take place. Using an old address means nothing. Also, there are no easy outs. An error in providing pedigree information... Read more »
answered on Dec 22, 2022
Why are you doing this? The short answer is "yes", but there can be consequences to doing this if it is in the context of a divorce. If you are doing it pre-divorce, and transferring for no value, then the court can make you pay back the marital equity to your spouse in the divorce as you... Read more »
They don't have children together she has 2 13 year old boys and the husband has 1 14 year old girl and they do have shared Bank accounts
answered on Nov 15, 2022
If both spouses agree on everything, they can proceed as a dissolution which is simpler, quicker, and cheaper. But each spouse still needs their own separate attorney. She can use the Find a Lawyer tab to retain a local family law attorney to answer questions and prepare documents for the... Read more »
To ruin my credit he won't pay for it I have text to prove it as well
answered on Oct 30, 2022
Yes. Both attorney answers are correct. Speak with your divorce lawyer if you have one. Temporary support orders is the most effective way to address this matter. Have your texts ready to be easily reviewed by your counsel. If no counsel, make sure to bring those texts with you to court for the... Read more »
To ruin my credit he won't pay for it I have text to prove it as well
answered on Oct 29, 2022
Probably your most effective path to redress this problem is through your divorce lawyer and the domestic relations court. From the outset of a divorce case, or shortly thereafter, the court deals with the issue of temporary support, or support pendente lite, and that involves, in part, the... Read more »
The wife doesn’t want him there
answered on Oct 24, 2022
If there are no court orders, then both spouses have equal access to the marital residence. It doesn't matter whose name is on the deed or lease. If a divorce is filed, then a spouse can ask the court for exclusive access to keep the other spouse away. But the judge doesn't have to agree.
We have an uncontested divorce (dissolution) filed for Cuyahoga County, OH. We own two mortgaged properties in which we are both on the titles. I do not make enough money to buy out his interest in either property, nor do I earn enough income to qualify for refinancing on either property. He agrees... Read more »
answered on Oct 19, 2022
Your property agreements can be made a part of your divorce decree through a separation agreement. While everyone is playing nice this sort of thing is easily resolved. But you should both be aware that anything you put into a court order can be enforced by the other party so you may want to be... Read more »
answered on Oct 14, 2022
If you'd like to file for divorce, contact a lawyer that can help and guide you with the process. Divorces are uncontested only when the opposing party does not want to or fails to contest any issues. However, if you both agree on all issues, then you may be able to file a dissolution instead... Read more »
My daughter was removed from my home cause of the sexual imposition. my daughter had talked to cps and he had said some things to make her feel uncomfortable and unsafe. she is now back in my home since he has been arrested.
answered on Oct 11, 2022
Check with your local domestic relations court. Some have clinics with volunteer lawyers to help those who do not have an attorney. Otherwise, use the Find a Lawyer tab to talk to some local divorce attorneys. Many offer free consultations.
We are divorcing. Can I record a Quit Claim deed to him for my marital equity prior to divorce so I can obtain another home?
answered on Oct 6, 2022
The divorce will divide assets, equity, and debts between the spouses, to determine who gets what and who pays what. A Quit Claim Deed would not be effective until after the divorce has been finalized by the court. Talk to your divorce attorney about it, or use the Find a Lawyer tab to retain a... Read more »
The tracking indicates it is running late, but on the way. When I checked with the post office they said I should have received it by now, it was probably destroyed by their sorting machines. Not sure how to proceed or who to contact. I do not have an attorney due to finances. I let her and her... Read more »
answered on Oct 5, 2022
The Ohio Rules of Civil Procedure require that service must be completed on the opposing party prior to the court making any final rulings in the case. There is nothing to do until the papers are received from the post office, sheriff or process server. Parties who avoid service can be served by... Read more »
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