Get free answers to your Divorce legal questions from lawyers in your area.
I need information. He is wanting to sell our home while I'm still in it with my protection order, I need to buy a home for my kids and I. He is currently awaiting trial for domestic violence and strangulation of myself, I am 7 months pregnant. Information on child custody and support as he... View More 
answered on Jan 30, 2024
That must be very worrisome. But he cannot sell the home without your signature on the deed, even if you are not named on the deed. In Ohio, but spouses must sign any deed for real estate owned by either or both of them - so you both have to agree to any sale. If you file for divorce, you can... View More
This is for a divorce case with children. We are now going in front of the judge as the magistrate just quit.
answered on Jan 28, 2024
Likely it is cause for disqualification. Ohio Jud. Cond. R. 2.11 states in material part:
(A) A judge shall disqualify himself or herself in any proceeding in which the judge's impartiality might reasonably be questioned, including but not limited to the following circumstances:... View More
When first filing for divorce, I agreed to alternate years of claiming my son on taxes with my ex. It's 3.5 years later and I have my son full-time, he has never once had him for a weekend in his home. I would not have agreed to this if I would've known I would be the one to have my son... View More
answered on Jan 28, 2024
First, the state isn't going to be the one holding you in contempt, your ex-spouse would be the one bringing a contempt action to enforce the terms of your decree. Second, given that he is not exercising the requisite amount of time needed by the IRS in order to properly claim a minor child,... View More
When first filing for divorce, I agreed to alternate years of claiming my son on taxes with my ex. It's 3.5 years later and I have my son full-time, he has never once had him for a weekend in his home. I would not have agreed to this if I would've known I would be the one to have my son... View More
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answered on Jan 26, 2024
In your situation, the IRS generally allows the custodial parent to claim the child for tax purposes. The custodial parent is typically the one with whom the child spends the majority of nights during the year. However, the IRS's rules don't automatically override the terms of your... View More
answered on Jan 24, 2024
It is unlikely you can successfully sue the magistrate. In general, public officials enjoy what's called sovereign immunity. You may report the magistrate to your local Bar Association if they have truly stepped outside of their role and become an advocate for your wife. Mind you, simply... View More
Everything was ordered in court but still waiting on entry
answered on Jan 23, 2024
Generally speaking, the judgment entry will be issued after the magistrate's decision. Generally speaking in Ohio, the court is expected to do so "timely" following an adjudicative hearing. If a magistrate is issuing a decision, you will have 14 days to file any objections to that... View More
The AO has since been modified to state that he carries the insurance starting in 12/23. He believes that since the order has changed, he is not liable for the 10 months he refused to pay, while under the previous order. The total owed is just over $2000.
answered on Jan 8, 2024
Since you're talking about the enforcement of a specific order, it's not possible to render in general education about that. Does the new order contain language settling and releasing your ex-husband from his obligations? What does the old order say about potential defaults? The specific... View More
How much would it cost or where can I file for free
answered on Jan 4, 2024
The filing fees for a divorce vary from county to county. You need to contact the clerk of courts for the domestic relations court in the county in which you've resided for the past 90 days assuming you have been in the State of Ohio for at least six months. If that cost is unduly burdensome,... View More
As this money was a marital asset, is it too late to try to get any of it back?
answered on Dec 28, 2023
In order to fully answer this question, an attorney will need to review the dissolution paperwork, including the separation agreement. Was this 20,000 that you mentioned actually listed in the affidavits accompanying the petition for dissolution? Was it mentioned in the separation agreement? Is... View More
He said his attorney can get us through Franklin because he works in Franklin county. Also said i would only get 42% of his retirement plan.
answered on Dec 9, 2023
Not enough facts to properly evaluate. If there are children, the county with jurisdiction will be where the children have been for the past 90 days (assuming they have been in the state for 180 days). A spouse typically gets 1/2 or the Marital Portion of the retirement plan. The marital portion... View More
I'm looking to get a divorce in Ohio but can't afford a lawyer. I have two children, and there are no properties to divide. I'm currently working part-time. There are no existing custody or support orders, and we haven't filed yet. I'm seeking information on low-cost or pro... View More
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answered on Mar 18, 2025
Cuyahoga county domestic has on-site staff who assist with this very type of thing to help low-asset low-income people conduct unrepresented divorces. I recommend that you go there in person and seek assistance.
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answered on Jan 29, 2025
The terms of your divorce decree will govern this. It is common language that if an ex-spouse cohabitates with another that they are no longer entitled to support. If your decree says that, and you believe that they are cohabitating, you may ask the court to terminate spousal support.
What paperwork do I need to start with. Weve been married for 4 years separated for about 2 years
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answered on Dec 16, 2024
If you've got everything set I'd recommend attempting a dissolution. Your county's domestic relation court will very likely have forms for this exact scenario that will allow you to dissolve your marriage if the two of you are indeed in full agreement.
if both spouses using separate accounts paid $30,000 on mortgage and one paid 20,000 and the deserting one paid 10,000, can deserting spouse who paid less be forced to pay the extra 5000 to meet an equity division requirement regardless of profit on the sold house?
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answered on Oct 8, 2024
Potentially yes. It would require an order from the domestic relations court as to the split of equity and assets.
And if a court ruling is required for this and one spouse has proof that they paid more on the mortgage than the other spouse, does that give them a favorable stance in getting a ruling for them to sell it the way they want to or transfer the mortgage they want to?
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answered on Oct 8, 2024
The court decides. Paying more on the mortgage is only one of many factors that the court would use in splitting all assets, not necessarily just the equity from the house.
My daughter's husband is leaving her. She can't afford to make payments on the house or buy him out. She wants to sell the house for only the mortgage balance (plus closing costs) or have someone else assume the mortgage. If the husband refuses, what legal recompense does she have if any... View More
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answered on Oct 8, 2024
Unfortunately none at the moment. She will need to file for divorce and obtain a court order as to either the transfer of the house into her name so she can sell it or an order selling the house.
We have permanent legal custody of the 4 yr old. She and I are now homeless, but she spends most nights with him. I have no home or bed at the moment for her. I would like child support and spousal support and a place for she and I to live.
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answered on Oct 2, 2024
Justia indicates that you are in Florida. Spousal support and child support are very state specific. I recommend that you reach out to the Florida bar for this, and not the Ohio bar.
The judge says you're divorced. The clerk finds mistakes in your papers. The errors must be fixed. Are you still legally married until all mistakes had been corrected?
The divorce was 30 years ago. The mistakes were never corrected and sent back to the courthouse. Are they divorced or... View More
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answered on Oct 2, 2024
I recommend you ask this question to California lawyers if the divorce happened in California. You posted in the Ohio lawyers section.
answered on Apr 2, 2024
The truck belongs to the dealership or whichever lender has the actual title to it. It is a monthly expense to whoever is paying on it.
answered on Apr 1, 2024
That is determined by the court. Either that, or at whatever date you and your former spouse are able to agree upon.
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