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Ohio Divorce Questions & Answers
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... View 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
Cathy Cook
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
Cathy Cook
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... View More

Cathy Cook
Cathy Cook
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
Cathy Cook
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
Cathy Cook
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... View More

Cathy Cook
Cathy Cook
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.

1 Answer | Asked in Divorce and Real Estate Law for Ohio on
Q: How do i get my name off the house if paperwork is filed and bank still wont let me get off because debt to income

I have been divorced for 3 years. My ex has the house bc it's his grandfathers. He filed the paperwork for me to get off the house but the bank wont let me bc of his debt to income ratio. I want off the house bc i would like one on my own. It's part of the divorce settlement

Cathy Cook
Cathy Cook
answered on Jan 17, 2021

Sorry for your situation. Does your divorce settlement provide that if your ex cannot refinance he must sell the house? That is likely the only way you can get off the mortgage debt if he cannot refinance. If it doesn't, you can ask if he'd agree to do so, but he has no legal requirement to.

2 Answers | Asked in Divorce for Ohio on
Q: Should I turn off the utilities in my name since I moved out and he still lives there or wait until after divorce?

My husband and I are divorcing. The house is in both our names, but all the utilities are in my name. I moved out in October. Should I keep them in my name until the divorce is done or turn them off and make him turn them on in his name?

Joseph Jaap
Joseph Jaap
answered on Jan 14, 2021

When a divorce is filed, most courts impose an automatic restriction on the spouses from making any changes to the normal payment of household expenses, changes to bank accounts, utility accounts, loans, major purchases, health insurance, and other finances, etc., without getting prior court... View More

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1 Answer | Asked in Child Custody and Divorce for Ohio on
Q: My wife and I are getting a divorce she won’t let me see our son and is trying to keep him away from me.

My wife and I want a divorce and she’s using our 2 year old son against me and won’t let me see him. Can she do this? What do I do?

Joseph Jaap
Joseph Jaap
answered on Dec 8, 2020

Use the Find a Lawyer tab to retain a local divorce attorney to review the situation, advise you of your options, and file with the court asking for temporary orders for parenting time.

1 Answer | Asked in Child Custody, Divorce and Family Law for Ohio on
Q: What action can I take to get back daughter that I have full custody of ?

My daughter is 15. I have full

Custody of her. The court ordered visitation specifies that her dad gets to see her for 1 hr a week in my home. My home is currently in Oregon her dad is in Ohio. The court order is from when we all lived in Ohio. I allowed her to spend 3 weeks with him in... View More

Cathy Cook
Cathy Cook
answered on Nov 29, 2020

Did your custody order allow you to move out of state with the child without the father’s agreement or court permission? That would be unusual. You can file for contempt in Ohio in the county where the agreement was filed.

1 Answer | Asked in Divorce for Ohio on
Q: Does the lawyer i find have to be in the same county as which the divorce papers were filed?
Joseph Jaap
Joseph Jaap
answered on Nov 23, 2020

The attorney does not have to be in the same county, but must be willing to travel to your county. The attorney will bill you for that travel time, so it will cost you more than if you get a local attorney. A local attorney will know the folks at the local court and be more familiar with how they... View More

1 Answer | Asked in Child Custody, Divorce and Family Law for Ohio on
Q: I was ordered to take a mental exam for custody and a drug test ive done both but the court wont set a date for visits

The guardian ad litem filed no contact order for my daughter and i stating i was mentally unstable and on drugs which im neither and she never even met me i have never seen her or anything ahe just told the magistrate that from the word of my exwife

Cathy Cook
Cathy Cook
answered on Nov 20, 2020

Do you have an attorney? You need an experienced child custody attorney to assist you. Have you seen the psychological report? Your attorney will need to review that to determine how to proceed?

2 Answers | Asked in Divorce for Ohio on
Q: Due to the pandemic my ex hasn’t paid child support for 5 months because he was laid off. Does he still owe it to me?

He said he doesn’t owe it to me because while we were separated and the divorce was not finalized he was giving me support money out of the kindness of his heart. So we should be equal or I should pay him back for doing that. Is that true?

Joseph Jaap
Joseph Jaap
answered on Nov 18, 2020

Money given directly typically does not count toward the child support obligation, but is considered a gift. But it depends on the temporary support order in effect during the divorce, and what the court ordered for support when the divorce was finalized, and how it required him to pay , either... View More

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1 Answer | Asked in Divorce for Ohio on
Q: I live in Ohio retired from UPS with 27yrs service been married 15yrs. if i get divorced how much is my wife entitled to
Joseph Jaap
Joseph Jaap
answered on Nov 9, 2020

A spouse can receive one-half of the value of a retirement account accumulated during a marriage. Use the Find a Lawyer tab to retain a local divorce attorney who can review all the facts and circumstances and advise you.

1 Answer | Asked in Divorce for Ohio on
Q: I was awarded money in my divorce to compensate for not getting the house. How do I get that from my ex? Its been 3 yrs.

The amount owed is too much to file in small claims court.

Joseph Jaap
Joseph Jaap
answered on Nov 9, 2020

Small claims court does not handle that. File a motion in the domestic relations court that handled your divorce, to have the ex held in contempt. Use the Find a Lawyer tab to retain a local family law attorney.

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: Do I have to have a witness for uncontested divorce to be granted in Ohio?

I'm getting divorced end of the week and my witness has COVID and can't attend. It is an uncontested divorce since we agree on everything and we will both be there. Do I have to have a witness to be granted the divorce if the defendant is present and in agreement?

Joseph Jaap
Joseph Jaap
answered on Oct 27, 2020

If both spouses are present, and both testify to the grounds for divorce and advise the court they want to terminate the marriage, then no other witness should be required, and the court should grant it, although it depends on your local court and ultimately the judge decides. But if the defendant... View More

1 Answer | Asked in Divorce for Ohio on
Q: I am trying to file for divorce I am on disability. I need spousal support. no child support.
Cathy Cook
Cathy Cook
answered on Oct 23, 2020

See if the domestic relations court in the county where you live has a law clinic where you can receive free legal assistance with your court filings.

2 Answers | Asked in Divorce for Ohio on
Q: My mother is separated from an abusive long term relationship. What are some of her rights she should be aware of?

Right now divorce is not on the table, they are receiving separate counseling. My father is volatile, and I would not like her to be caught off guard. What are some things she should keep in mind going forward if my father tries to surprise her with divorce papers?

Joseph Jaap
Joseph Jaap
answered on Oct 22, 2020

That is a conversation she should have in private with her attorney. Too much depends on the specifics of her situation - finances, age, health, employment, etc. She should use the Find a Lawyer tab to retain a local divorce attorney who can meet with her to discuss her situation and how she can... View More

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1 Answer | Asked in Divorce, Family Law and Child Custody for Ohio on
Q: Ohio- I gave birth to my child before marriage, my husband and I have been separated for 2 years, I need a divorce

What can I do to solve problem of divorce and custody , what are my rights

Cathy Cook
Cathy Cook
answered on Oct 11, 2020

If your husband agrees to do so, you can deal with parenting issues in the divorce. If not, or you prefer not to, you can deal with parenting in juvenile court. You should consult an attorney in your county to determine your best option.

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