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Ohio Divorce Questions & Answers
1 Answer | Asked in Divorce for Ohio on
Q: My husband and I wish to remain co-owners on the tiles of the mortgaged properties we own after divorce?

We have an uncontested divorce (dissolution) filed for Cuyahoga County, OH. We own two mortgaged properties in which we are both on the titles. I do not make enough money to buy out his interest in either property, nor do I earn enough income to qualify for refinancing on either property. He agrees... View More

Matthew Williams
Matthew Williams
answered on Oct 19, 2022

Your property agreements can be made a part of your divorce decree through a separation agreement. While everyone is playing nice this sort of thing is easily resolved. But you should both be aware that anything you put into a court order can be enforced by the other party so you may want to be... View More

1 Answer | Asked in Divorce and Child Custody for Ohio on
Q: I am getting ready to file for a dissolution. Our truck is a lease in my name only. Who's truck is it?
Todd B. Kotler
Todd B. Kotler
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.

1 Answer | Asked in Divorce and Civil Litigation for Ohio on
Q: How long do I have before I have to leave the home after a divorce ?
Todd B. Kotler
Todd B. Kotler
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.

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: Hi there, my question what is the law on me leaving are home do I forfeit any rights to it?Thanks: Peggy D.
Todd B. Kotler
Todd B. Kotler
answered on Mar 30, 2024

Not enough information in this question to really answer. If you rent are you on the lease? If you own the home are you on the deed? If the answer to these questions are that you're on neither a lease nor a deed, then there are some potential issues. If you are on either the lease or the deed... View More

1 Answer | Asked in Divorce, Estate Planning and Family Law for Ohio on
Q: In the state of Ohio If me ex wife is remarried or if I filed bankruptcy on her, is she still entitled to the payment
Todd B. Kotler
Todd B. Kotler
answered on Mar 16, 2024

Without more context this question is impossible to accurately answer. If the payment is spousal support it depends on the wording of the decree. Generally, domestic relations support orders are not dischargeable in bankruptcy. The remarriage may be a termination of support, but only if... View More

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: If we were never married and the house is in both of our names - can he sell it without my permission.

He left 16 months ago and took nothing with him

Todd B. Kotler
Todd B. Kotler
answered on Mar 11, 2024

No, he cannot. All owners must sign a deed in order to convey clear marketable

1 Answer | Asked in Divorce for Ohio on
Q: Are there pro bono lawyers for help with divorce? My spouse has already filed but I cannot afford legal representation.

I do have a restraining order on him and he is the breadwinner of the home.

Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 6, 2024

You are going to have better luck seeking out an attorney who is willing to be paid by the other side then someone pro bono. In divorces where there is a significant income difference between the parties, the court can order the breadwinner to pay some or all of the attorney fees of the lower... View More

1 Answer | Asked in Divorce for Ohio on
Q: I have a question regarding the calculation of equity I owe my ex in our divorce. The total equity was 109,365.

However I am supposed to get 15000 due to the down payment I made prior to us being married.y atty says I owe 47182. However I figured it as 109365/2 = 54682.5. Then I deducted the 150000 to equal 39682.5. My atty did the math 109365-15000= 94365/2 = 47182. What is the correct way to calculate this

Todd B. Kotler
Todd B. Kotler
answered on Feb 25, 2024

Your attorney is correct. You subtract the down payment from the total equity, not just a 1/2 portion.

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: Q: Started common law marriage in Montana moved to Ohio and continued filing all taxes as married 15 years total.

Also recieved medicaid for our children as married in both states. Gave wife wedding rings. Joint bank accounts and shared property. We are now seperated for 4 years. We lived together had implied agreement through filing taxes state and federal as married in Montana for 7 years and continued the... View More

Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 22, 2024

If you met all the criteria for common-law marriage in Montana, then Ohio will recognize the marriage and you will need a divorce.

1 Answer | Asked in Divorce for Ohio on
Q: i missed replying within the 28 day of being served for divorce. Is there any way i can still contest?
Todd B. Kotler
Todd B. Kotler
answered on Jan 4, 2024

Yes, hire an attorney in the county in which the divorce was filed. That attorney will enter a notice of appearance and file a notice for stipulation of leave to plead, and an Answer. That should be sufficient to contest the allegations in the complaint.

2 Answers | Asked in Divorce, Family Law and Child Support for Ohio on
Q: If a noncustodial parent gives up parenting time, do they still pay the same amount of child support?

My ex-husband is choosing to give up his weekly parenting time due to conflicts with our teenagers. Does he need to continue to pay child support, and if so, does that amount change?

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

This isn't a simple yes or no question. Parenting time factors into child support. However, to know if it is going to impact your support one would need to analyze your current support calculation. It would be worth your while to invest in actual time with a local attorney.

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1 Answer | Asked in Divorce for Ohio on
Q: Can I go after my ex husband for money he owes me from a year ago in our dissolution/divorce decree?

Ex husband agreed to pay half of the dissolution cost, which had to pay in 30 days. It's been a year, and I have attempted multiple times to get him to pay me.

Todd B. Kotler
Todd B. Kotler
answered on Nov 21, 2023

If the facts are as you state you and your lawyer should file a motion to enforce the agreement/decree. The way this was written is important so DO review this with your attorney.

1 Answer | Asked in Divorce for Ohio on
Q: my wife of 2 months took my car without permission shes not covered on the insurance and she knows she is not allowed to
Todd B. Kotler
Todd B. Kotler
answered on Oct 19, 2023

I am not sure i see where the question is. Has some damage occurred as a result? Why have you not added your wife as a driver? What do you mean by "allowed" are you referring to insurance or yourself?

1 Answer | Asked in Divorce for Ohio on
Q: In my divorce, if my ex husband sales the rental house we had I get $5,000. I found out he has sold it but never told me

I’m sure he forgot about it. But it’s written in our divorce documents. What do I do to get the money from him?

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

Try writing him first and point out the particular clause and its location within your Separation Agreement. If he is not cooperative, your attorney will ultimately have to file a Motion to Enforce the agreement.

1 Answer | Asked in Appeals / Appellate Law and Divorce for Ohio on
Q: In an Ohio divorce, can a motion for relief from judgement be filed by a party after an appeal by the opposing was filed

Courts made their own journal entry for divorce based on an MOU we filed with the court. Parties were supposed to draft own entry but battled on the language and hidden items. Ex has appealed based on abuse of discretion, changes to agreement. She is battling a contingency clause she specifically... View More

Todd B. Kotler
Todd B. Kotler
answered on Aug 28, 2023

The time to file a relief from judgment would have been before an appeal was filed. Under these facts i do not think such a motion would be successful.

2 Answers | Asked in Divorce for Ohio on
Q: Would it be easy to get a divorce from my husband since he has been in mexico since 2017 and doesnt plan on coming back?

We have 2 children together and he got deported Feb 23rd, 2017

Joseph Jaap
Joseph Jaap
answered on Aug 14, 2023

Use the Find a Lawyer tab to consult with a local divorce attorney who can explain the divorce process to you and how long it will take and what it will cost.

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1 Answer | Asked in Criminal Law, Divorce and Family Law for Ohio on
Q: If my husband did not provide dates in his protective order claim , is there a good chance the judge could dismiss it?
Todd B. Kotler
Todd B. Kotler
answered on Aug 12, 2023

There is not enough information to provide an answer. You should have the petition and affidavit in support reviewed by an attorney who regularly practices in that court

1 Answer | Asked in Criminal Law, Divorce and Domestic Violence for Ohio on
Q: Can a temporary protective order in the state of Ohio go on your criminal record
Roger  Bouchard
PREMIUM
Roger Bouchard
answered on Aug 12, 2023

No, TPO is for potential crime prevention. It is not a “crime “.

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 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.

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