Ohio Divorce Questions & Answers

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.

Q: We are separated and live in different states - not the one married in - where do we file for divorce?

1 Answer | Asked in Divorce for Ohio on
Answered on Dec 7, 2018
Joseph Jaap's answer
Either of you could file in your state of residency if you meet the time requirements. To file in Ohio, you must be a resident for 6 months, and 90 days in the county in which you file. If you and your spouse agree on everything, and the spouse will cooperate and participate, you can prepare all the documents, get the spouse to sign, and file as a dissolution if your spouse will come for the final hearing, or file it as a divorce if spouse does not intend to come. If there are any assets to...

Q: conditional green card received 2 month back through marriage now filling divorce with a 4 month old baby

1 Answer | Asked in Child Custody, Divorce and Immigration Law for Ohio on
Answered on Nov 19, 2018
Yanky Perelmuter's answer
You can file an I-751 with a waiver of the joint filing requirement. This will allow you to remove the conditions on your green card and receive Permanent Residency without conditions. Each case has specific issues that may arise in the process.

Q: Is it okay for a wife to cheat while she is married take the kids and run off with a men while she is not even divorce

1 Answer | Asked in Child Custody, Divorce and Family Law for Ohio on
Answered on Nov 19, 2018
Joseph Jaap's answer
Her spouse should retain a local family law attorney who can review the facts and file for divorce.

Q: My husband (Ohio resident) & I are separated & during his employer's open enrollment for health insurance, he dropped me

1 Answer | Asked in Divorce and Family Law for Ohio on
Answered on Nov 12, 2018
Joseph Jaap's answer
If you are still married, his employer would typically require you to sign to change the health insurance, or you could have rights under COBRA. With so long a separation, spousal support is unlikely, but possible. It depends on all the facts. Use the Find a Lawyer tab to retain a local divorce attorney to review all the facts of your situation and advise you.

Q: I am getting a divorce. My husband and I built our home 7 months before we were married. My name is not on the loan.

1 Answer | Asked in Divorce for Ohio on
Answered on Nov 12, 2018
Joseph Jaap's answer
Yes, you are entitled to your share of marital property in a divorce, which can include equity in the marital home. It does not matter whose name is on the deed. But if the spouses cannot agree, then the court will decide. Use the Find a Lawyer tab to retain a local family law attorney to review all the facts and advise you.

Q: If my ex is arrested, what happens to his support obligations?

1 Answer | Asked in Divorce for Ohio on
Answered on Nov 12, 2018
Joseph Jaap's answer
The support obligation continues. But if he is in jail, he is unable to pay. When he gets out, you can file with the court to collect the unpaid amount and the court will order him to pay the unpaid amount to the extend he is able.

Q: do I have to share my inheritance with my spouse?

1 Answer | Asked in Divorce for Ohio on
Answered on Nov 5, 2018
Joseph Jaap's answer
It would depend on all the circumstances of the inheritance and how it was left to you. Use the Find a Lawyer tab to retain a local divorce attorney who can review all the facts and advise you.

Q: Can I get my ex husbands pension since he passed away even if I signed off on it in the divorce?

1 Answer | Asked in Divorce for Ohio on
Answered on Oct 15, 2018
Joseph Jaap's answer
It is very unlikely that you can do that. But use the Find a Lawyer tab to review all the facts and advise you. If he forgot to change his beneficiary designation, and you are still designated, then you might get it.

Q: I'm to appear Pro Se in court, not by choice 4 Divorce Case. My Ex wont help & I can't afford for Attorney myself.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Ohio on
Answered on Oct 15, 2018
Joseph Jaap's answer
Use the Find a Lawyer tab to retain a local divorce attorney in Lake County, IL where the court is. The attorney can advise you about seeking spousal support (alimony) along with child support, and the court also could order your spouse to pay your attorney fees. Call around to attorneys in Lake County to find one to help you.

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