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Ohio Divorce Questions & Answers
2 Answers | Asked in Divorce and Family Law for Ohio on
Q: Husband filed a disillusion and is pushing me to sign it I told him I want spousal support

He redid the paperwork and said his lawyer said we come up with an amount not the judge

Todd B. Kotler
Todd B. Kotler
answered on Aug 3, 2023

All i can state based on the information provided is that you have a right to have the dissolution petition and proposed separation agreement reviewed by an attorney. You may certainly agree to anything you actually wish, however you really should have a local lawyer review your facts and the... View More

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2 Answers | Asked in Divorce for Ohio on
Q: Is a spouse able to file to receive any payouts from an inheritance to the other?
Joseph Jaap
Joseph Jaap
answered on Aug 1, 2023

It depends on whether the inheritance has been received, and where the spouse deposited it, and whether it became marital property. Talk to your divorce attorney or use the Find a Lawyer tab to retain a local divorce attorney who can review the circumstances of the inheritance and advise you.

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1 Answer | Asked in Family Law, Divorce and Child Custody for Ohio on
Q: I am leaving my husband due to mental abuse to me & our child can I move to another state there is no court orders

I had our daughter in 2018 and me and him was not married we got married in 2021 she was diagnosed with Autism in 2020 and she's always with me he doesn't take care of her or anything even tho we live in the same home, he tells me to take her and move where I came from and he says a lot... View More

Todd B. Kotler
Todd B. Kotler
answered on Jul 29, 2023

The simple answer is if there is no Order in place, either of you could move. However, be aware that you could not file for divorce or a custody in that other state until you have resided there for at least 6 months and at least 90 days within the same county, due to the Uniform Child Custody... View More

1 Answer | Asked in Divorce, Child Custody and Child Support for Ohio on
Q: What happens if the plantiff doesn't initiate genetic testing within the 14 days the court told him to?

On June 5th 2023, the plantiff challenged DNA on two children he signed the birth certificate for so he can stall on paying child support. He was given 14 days to initiate the test and I have called and called and it's been well over 14 days and LabCorp hasn't ever heard from him. What... View More

Todd B. Kotler
Todd B. Kotler
answered on Jul 16, 2023

Please remember that this forum is no substitute for hiring an attorney of your own. If you do not have an attorney I strongly urge that you get one, especially if you're divorce has been going on for 2 years. If you do have an attorney please pay attention to the advice that you receive.... View More

1 Answer | Asked in Divorce for Ohio on
Q: My wife and I no longer want to get divorced. Divorce has already been filed but hasn't gone very far.

We would like to file a motion to dismiss our divorce on our own and don't know how

Todd B. Kotler
Todd B. Kotler
answered on Jun 26, 2023

The answer depends on whether the defending spouse filed counterclaim. If so the two of you can file a joint notice of dismissal under Civ. Rule 41. Make sure there is a signature line for both spouses and the Judge/Magistrate. If the only claim existing is the divorce then it is only the... View More

1 Answer | Asked in Divorce for Ohio on
Q: He has put the house we both have our names on to buy a building we're his Business is and I did not sign no papers so

Is this legal to put our Property up ,Divorce says he had till 2009 to get it all took care of quick claim deed the Attorney fees 500.00

and 6% is to be added I am trying to get S.S and Disability, and they say I have a asset in this house and I don't live there

Todd B. Kotler
Todd B. Kotler
answered on Jun 22, 2023

Based on only these facts i believe you should hire an attorney and file a post decree motion to enforce your agreement. Depending on additional facts not shown like the actual language of the decree a court may order him to take specific action or other relief.

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: In ohio the judge tells the woman to accept opposing counsel's offer , if not I will give him half your retirement.

Husband did not include assets on financial affidavit in the form of bitcoin, when discovered he tells judge he acquired money through money muling, judge allows him to keep every penny of it and stays true to his word and gives him half of the wife's $

Todd B. Kotler
Todd B. Kotler
answered on Jun 22, 2023

I do not see a question here. Assuming the question is what to do next and that the person asking does not have a lawyer, getting one is the first thing that should be done. The wife in this case should timely file a Notice of Appeal (within 30 days of receipt of the FINAL appealable order).... View More

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: If my new husband pays half of my house payment for 5 out of 30 years. What is he entitled to.

House is worth $285000. When we married I owed $30000 on it.

Joseph Jaap
Joseph Jaap
answered on Jun 8, 2023

A house is marital property, and spouse could be entitled to half of the increase in equity that happened during the marriage. The division of assets and debts gets worked out in a divorce, and it depends on many factors. Use the Find a Lawyer tab to retain a local divorce attorney who can look... View More

1 Answer | Asked in Divorce for Ohio on
Q: I am going thru a divorce, and we were both ordered to take a drug test. Mine is completed, however he is refusing. Now

He is being served court ordered papers, I am just wondering why I am having to pay for a processor for something that has been court ordered?

Todd B. Kotler
Todd B. Kotler
answered on Jun 5, 2023

It sounds like you are having to pay for costs associated with enforcing the order. You may be able to recoup some if the court ultimately finds your ex in contempt.

2 Answers | Asked in Contracts, Divorce, Family Law and Banking for Ohio on
Q: In OH marriage can debts obtained by one person affect the other and...

..if so can you do anything to keep each person isolated having having any tie to any debts/mistakes by the other during the marriage.

Todd B. Kotler
Todd B. Kotler
answered on Jun 2, 2023

Debts incurred during the marriage are presumptively marital debts. Parties may agree to treat them differently or in the case of a divorce a party that did not incur the debt may make an argument as to why it should be treated as a separate debt. Factors may include the circumstances around the... View More

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1 Answer | Asked in Divorce and Family Law for Ohio on
Q: Divorced 6 months in Ohio ex has not refinanced the once jointly owned property,if he dies (he is older) am I liable?

In the divorce I let him keep the two Florida residences that I signed on with him while married.

Todd B. Kotler
Todd B. Kotler
answered on May 30, 2023

This question does not contain enough information to give a comprehensive answer. The answer is going to depend on the precise wording of the Separation Agreement incorporated into the divorce decree and the loan agreement for the financing. More likely than not, you remain responsible to the... View More

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: Married 5 years. Husband put name on deed after 1 year of marriage. Is there a case that shows a spouse is entitled?

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.

Todd B. Kotler
Todd B. Kotler
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... View More

1 Answer | Asked in Divorce, Family Law and Domestic Violence for Ohio on
Q: What can I do, or who can I contact if the clerk of courts lied about finding, or rather NOT finding anything about my c

I was asking if my husband had filed and she said no, then faked typing into her computer

Todd B. Kotler
Todd B. Kotler
answered on May 24, 2023

I think you may have asked the question twice. You may wish to speak to a supervisor. Also, you should be able to search the clerk of court's website yourself.

1 Answer | Asked in Divorce for Ohio on
Q: If the plantiff hasn't responded to my counterclaim in Ohio for divorce and it's been well over 28 days, what happens?

Hearing date is set for June 5th

Todd B. Kotler
Todd B. Kotler
answered on May 9, 2023

You need to make sure the Plaintiff has been properly served. If so, you may ask for an uncontested divorce on the grounds of your counterclaim. However, the court is more likely to treat your next hearing date as a pretrial ahd set the matter for a trial several months out since there are two... View More

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: In the state of Ohio if a wife wants to divorce but the husband controls all the finances what options would she have?

Would a lawyer take a client if they can not pay up front as they do not have access to marital funds?

Joseph Jaap
Joseph Jaap
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... View More

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: I am trying to start the divorce process. I have no idea where to start. I can not afford a lawyer. Forms r confussing.

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.

Joseph Jaap
Joseph Jaap
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... View More

1 Answer | Asked in Divorce, Real Estate Law and Family Law for Ohio on
Q: Does my cosigner's husband have legal claim to my house during a divorce in a dower state?

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... View More

Joseph Jaap
Joseph Jaap
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... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Ohio on
Q: I am wanting to legally sepe/divorce from my husband and we have minor children I would like support ordered for him to

I'm not able to afford and honestly don't even know where to start to get the process going

Joseph Jaap
Joseph Jaap
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... View More

1 Answer | Asked in Child Custody, Divorce and Family Law for Ohio on
Q: How likely is the court going to sway in side of mom getting custody during a divorce because husband is mentally…

Emotionally abusive in front of the children? Will it matter who files first? Mom pays for all health insurance and healthcare, dad does not contribute. Mom works from home but is primary care taker of the kids.

Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 27, 2023

With mom being primary caretaker and paying for most things, a likely starting point for any parenting plan will be the standard parenting time guidelines of whatever court the divorce is pending. Would need a lot more information on the emotional abuse part for anything further.

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: What would happen if I was to contact my husbands divorce attorney with a offer bc my attorney won't listen to the offe?

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?

Joseph Jaap
Joseph Jaap
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... View More

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