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Ohio Divorce Questions & Answers
1 Answer | Asked in Divorce and Family Law for Ohio on
Q: my wife and I jointly own a car. She is taking it to Indiana. As co-owner can i legally refuse to let her drive it?
Nicholas P. Weiss
Nicholas P. Weiss
answered on Mar 15, 2022

No. If you want her to remain in Ohio you will need to file for divorce and seek a restraining order preventing her from taking marital property outside of the state. Absent a court order you cannot prevent her from driving the car.

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: Closing Joint Bank Accounts?

Fairfield County, OH: My wife had our son file for a Protective Order. April 2021 he was 17 and Sep 20 he turned 18. He graduates in May 2022. He was granted 3 years. He enjoined my wife and his sister in the order. According to the PO electronic communication is a violation of the PO. My wife... Read more »

Raquel Ann Parish
Raquel Ann Parish
answered on Mar 11, 2022

The answer to this question depends on whether or not you have temporary orders in an active Divorce case. Sometimes court put orders into place to prevent parties from making changes to joint accounts such as removing funds and closing accounts. If there is no current court order in place... Read more »

1 Answer | Asked in Divorce and Real Estate Law for Ohio on
Q: Do I have to pay an old lien on my ex's house?

He was awarded the house but my name stayed on the deed and mortgage for one year because he did not qualify to take over the payments. He wants to sell the house and found out that a lien (we did not know about previously) was placed against the house during our marriage for debt in my name.... Read more »

Joseph Jaap
Joseph Jaap
answered on Mar 7, 2022

In a divorce, it is important to check real estate titles to find any liens that might have been filed. He won't be able to sell the house without somebody paying the lien to get it released. If he wants to sell the house, he could pay the lien, and then file with the court to determine if... Read more »

2 Answers | Asked in Divorce and Family Law for Ohio on
Q: I've been separated from my husband for 7 years and I'm not sure if I need to file for divorce or dissolution

Our children are grown we have no real estate we have nothing to fight them out I mean he has some of my parents things that I want back but other than that I do believe he'll sign the papers with no problems we both want to move on I'm on disability and I cannot afford a full-blown... Read more »

Bridget Sciscento
Bridget Sciscento
answered on Mar 7, 2022

You can likely file for a dissolution. A dissolution is where the divorcing parties agree on everything before asking the Court to end their marriage. Most counties have packets that a couple seeking a dissolution can fill out, and many counties have help desks that can help you complete the... Read more »

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1 Answer | Asked in Divorce for Ohio on
Q: I'm in need of a divorce. My husband lives in another state. what do I do

We have children but not together.

Joseph Jaap
Joseph Jaap
answered on Feb 28, 2022

You can file a divorce in your OH county of residence if you have lived there 3 months and in OH 6 months. It does not matter if your husband lives out of state. If he will agree to everything, you can proceed as a dissolution, but he would have to come back for the hearing. If not, then you can... Read more »

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: My husband moved out a year ago from our home in Ohio, he has now moved to Florida, he left alot of stuff here

What can I do with his stuff he left, he refuses to help with marital assets because he sends all his money overseas to a girl in the phillipines

Joseph Jaap
Joseph Jaap
answered on Feb 24, 2022

Any money he sent overseas might be identified, and he could be required to include it in the division of marital assets. Use the Find a Lawyer tab to retain a local divorce attorney who can review all the facts of the situation and advise you of your options.

1 Answer | Asked in Divorce for Ohio on
Q: Getting a divorce after 29 years, the home we lived in together is not in my name do I have any rights to the home

Is 401k an asset that has to be split

Joseph Jaap
Joseph Jaap
answered on Feb 15, 2022

Since you are married, you have rights in the marital home even if your name is not on the deed. You can also make a claim for spousal support. A lawyer can explain all your rights in a divorce. Use the Find a Lawyer tab to retain a local family law attorney to represent you.

1 Answer | Asked in Divorce, Child Custody, Child Support and Civil Rights for Ohio on
Q: Can I take my baby mom to court so that I could claim my kids on taxes every other year?

They live with her but I am a very present father. I do more for them than I do for myself. Anything they need I always buy.

Nicholas P. Weiss
Nicholas P. Weiss
answered on Feb 3, 2022

If you pay child support, you may be able to make an argument to claim one or more of the children, but it will be a fact-determination by the court.

2 Answers | Asked in Divorce, Family Law and Child Custody for Ohio on
Q: I want to know if we have a chance at obtaining custody

Me and my fiance live in ohio and he is going through a divorce. His ex is dating someone who has past domestic cases that are ten plus years old but he threatened us in November which was reported to the local police and we also believe they may be using drugs because she is acting differently... Read more »

Joseph Jaap
Joseph Jaap
answered on Feb 1, 2022

A judge makes custody decisions in the best interest of the child, based on all the evidence properly presented in court. A judge can consider past problems, convictions, drug use, rehab, financial issues, work issues, living situation, etc., as well as current circumstances of both parents and... Read more »

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1 Answer | Asked in Child Custody and Divorce for Ohio on
Q: I would like to get a divorce from my husband and full custody of our son but he has warrants

My husband does not support his son and hasn’t for almost 3 years now however he has warrants so I know he won’t show up to court

Joseph Jaap
Joseph Jaap
answered on Jan 27, 2022

The court will determine custody based on all the facts and what is in the best interest of your son. Use the Find a Lawyer Tab to retain a local divorce attorney who can review all the facts, prepare the forms to file with the court, and represent you in the divorce process.

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: Can I get a dissolution with a child in Ohio without being legally separated?
Joseph Jaap
Joseph Jaap
answered on Jan 26, 2022

Yes, there is not need for a legal separation first. But a dissolution requires both spouses to agree on all issues of custody, child support, division of marital property, and spousal support/alimony. If they cannot agree, then they must proceed as a divorce.

1 Answer | Asked in Divorce for Ohio on
Q: Do l Still have the right to get a lawyer even if our dissolution has been finalized? And is it worth it?

We got a dissolution last May 5,2021. And until now l still haven’t get the title of the car that we both agreed that he is going to transfer it to my name. His lawyer that we used for the dissolution was also the one who process QDRO for the car payoff but until now it hasn’t been finalized or... Read more »

Anthony C. Satariano
Anthony C. Satariano
answered on Jan 24, 2022

You absolutely have the ability to hire a lawyer. If your ex-husband is not complying with the terms of the dissolution order, you may have the ability to pursue a contempt claim against him.

1 Answer | Asked in Divorce for Ohio on
Q: Does infidelity affect the outcome of the property split in a divorce?

I have evidence that my wife cheated while we were married. Will the judge consider her actions when dividing marital property? We don't have kids, just property that will be split. We bought the house after the marriage but she has the mortgage in her name and has made all of the payments.

Joseph Jaap
Joseph Jaap
answered on Jan 20, 2022

If your spouse spent money on the other person, those funds might be recovered. But usually, such things don't affect the division of property or determination of any spousal support. The house is marital property, subject to division of its value. Use the Find a Lawyer tab to retain a... Read more »

1 Answer | Asked in Divorce for Ohio on
Q: I need to start a no fault divorce while my wife lives in a different state. We have no assets to fight over.

We were married in June of 1998 in Lorain, Ohio and she left me in October of 2005. At the time we agreed to take what was ours and be done with each other. We had a minor child that we shared custody of with no issues. Here, 16 years later, we are still married. We talked about it and attempted to... Read more »

Anthony C. Satariano
Anthony C. Satariano
answered on Jan 18, 2022

You can proceed with a non-contested divorce wherein as long as your wife is served, most courts will allow you to finalize the divorce without your wife ever coming to court. Or, if your wife wishes to cooperate, you can file for a dissolution which would require both of you to come to court one... Read more »

1 Answer | Asked in Divorce for Ohio on
Q: I bought a motorcycle my boyfriend moved out and took it We are both on the title. I paid for it.
Joseph Jaap
Joseph Jaap
answered on Jan 12, 2022

Based on the vehicle title, you are equal co-owners unless you have a written agreement signed by him that says something different. You would have to sue him to get your half of the value of the motorcycle paid back. But he could claim that your payment for the motorcycle was a gift to him. Use... Read more »

1 Answer | Asked in Contracts, Divorce and Real Estate Law for Ohio on
Q: Is there anything I can do?

In 2015 I purchased a home. My ex(never married) and I, months later, after putting a lot of work into the house, split. Her and her father went behind my back to the loan office and drew up the paperwork to sell her the house for the same price I bought it for. I signed them. I didn't know... Read more »

Joseph Jaap
Joseph Jaap
answered on Jan 5, 2022

You'll have to have an attorney review all the facts and advise you if you have any possible claims, such as fraud, or whether you might negotiate a resolution. Use the Find a Lawyer tab to retain a local attorney.

1 Answer | Asked in Divorce for Ohio on
Q: My wife and I are going through a divorce. When I left the marital property, she installed video surveillance without my

Knowledge. I was not prevented from going there at the time. Since then she has gotten a dv charge for hurting me, yet was able to successfully petition a court order baring me from the residence even to get my belongings. This, despite me paying the entire mortgage while she makes nearly 3 times... Read more »

Joseph Jaap
Joseph Jaap
answered on Dec 31, 2021

You have a complicated situation and will need an attorney to represent you. Use the Find a Lawyer tab to retain a local divorce attorney to review all the circumstances and advise you.

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: Can I file for child support and alimony if I'm still married but trying to get a divorce.
Nicholas P. Weiss
Nicholas P. Weiss
answered on Dec 14, 2021

Yes. That is one of the things you can request as part of the divorce proceedings.

1 Answer | Asked in Civil Litigation, Criminal Law, Divorce and Family Law for Ohio on
Q: My spouse has a no contact order against me. Can I send my in-laws a gift for their wedding?

Nothing intended for my wife is involved. Just congratulations to their nuptials.

Emerald Sheay
Emerald Sheay
answered on Dec 10, 2021

Generally this would not violate a restraining Order, but you should very carefully review the terms of the no contact Order. While this action may not typically violate a restraining Order, it may not be prudent to reach out to her family while this restraint is in place.

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: When filing for a divorce what all paperwork is needed to be taken to the attorney?

We live in the same house, but he’s a truck driver and is only home on weekends. We have not slept in the same bed in 17 years. He has sever ED and so we have not had sexual relations in 17 years. HOWEVER I have been faithful the entire time. In fact we don’t sleep in the same room. The only... Read more »

Joseph Jaap
Joseph Jaap
answered on Dec 8, 2021

The outcome for your divorce that you have described seems reasonable. Your attorney will tell you what is needed for the attorney to fill out the required forms to file with the court - mostly bank account statements and other financial information, tax returns, monthly income and expenses, both... Read more »

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