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Ohio Divorce Questions & Answers
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.

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 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 for Ohio on
Q: Do I as the petitioner need to file in my county or his county? we orginally got married in California.
Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 20, 2023

Your county.

1 Answer | Asked in Copyright, Divorce, Collections and Communications Law for Ohio on
Q: If FBI blocked SSN who's responsible for the fraud thiefs 2016 Cambridge university of surveillance Brian Wayne Ellis

European council offered me settlement I declined it . Arbitration in California, well someone signed it. Not me. Millions gone plus insurance and I have a few things to prove how email address was used ssn no!

Barry W. Kaufman
Barry W. Kaufman
answered on Feb 7, 2023

This sounds like one big scam. There was never any money, you were never going to get anything from the "European Council", whatever that is.

1 Answer | Asked in Child Custody, Divorce, Family Law and Juvenile Law for Ohio on
Q: If I need to get emergency full custody of my daughter to get her out of an abusive situation, how do I go about it?

I was divorced in one county in Ohio, I live in another county in Ohio and my daughter lives in another county in Ohio different than the divorce and myself. She is in an abusive situation with her mom and her mom's family, including sexual abuse by her stepdad. I really need help and... View More

Roger  Bouchard
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Roger Bouchard
answered on Feb 3, 2023

You can file for an emergency custody order. Generally, your motion has to state the child is in imminent danger.

2 Answers | Asked in Divorce for Ohio on
Q: If my wife and I are starting to work through a divorce. do I stay in the house?

My wife indicates she is seeking a divorce. she has stated I should pack and move out. I pay the mortgage and utilities, my wife does not currently have a job.

Joseph Jaap
Joseph Jaap
answered on Jan 30, 2023

You need to talk to a lawyer ASAP. Use the Find a Lawyer tab to retain a local divorce attorney who can review your situation and advise you of your rights. Many offer free consultations, so talk to a few and find one to work with. Don't delay.

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1 Answer | Asked in Child Custody, Divorce and Family Law for Ohio on
Q: hello I need a temporary custody agreement and uncontested divorce.
Sarah P. Oberer
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Sarah P. Oberer
answered on Oct 14, 2022

If you'd like to file for divorce, contact a lawyer that can help and guide you with the process. Divorces are uncontested only when the opposing party does not want to or fails to contest any issues. However, if you both agree on all issues, then you may be able to file a dissolution instead... View More

1 Answer | Asked in Divorce for Ohio on
Q: Can i get a free divorce? My husband is in jail for child endangerment and sexual imposition this is on a minor.

My daughter was removed from my home cause of the sexual imposition. my daughter had talked to cps and he had said some things to make her feel uncomfortable and unsafe. she is now back in my home since he has been arrested.

Joseph Jaap
Joseph Jaap
answered on Oct 11, 2022

Check with your local domestic relations court. Some have clinics with volunteer lawyers to help those who do not have an attorney. Otherwise, use the Find a Lawyer tab to talk to some local divorce attorneys. Many offer free consultations.

1 Answer | Asked in Real Estate Law and Divorce for Ohio on
Q: If my husband purchased our home before we were married, and I am not on the mortgage, am I also financially responsible

We are divorcing. Can I record a Quit Claim deed to him for my marital equity prior to divorce so I can obtain another home?

Joseph Jaap
Joseph Jaap
answered on Oct 6, 2022

The divorce will divide assets, equity, and debts between the spouses, to determine who gets what and who pays what. A Quit Claim Deed would not be effective until after the divorce has been finalized by the court. Talk to your divorce attorney about it, or use the Find a Lawyer tab to retain a... View More

1 Answer | Asked in Divorce for Ohio on
Q: My wife filed for divorce. The papers were sent a month ago via certified mail. I have not received the papers.

The tracking indicates it is running late, but on the way. When I checked with the post office they said I should have received it by now, it was probably destroyed by their sorting machines. Not sure how to proceed or who to contact. I do not have an attorney due to finances. I let her and her... View More

Raquel Ann Parish
Raquel Ann Parish
answered on Oct 5, 2022

The Ohio Rules of Civil Procedure require that service must be completed on the opposing party prior to the court making any final rulings in the case. There is nothing to do until the papers are received from the post office, sheriff or process server. Parties who avoid service can be served by... View More

2 Answers | Asked in Divorce for Ohio on
Q: If I purchased a home in Ohio before marriage, do I get to keep the home in a divorce?
Joseph Jaap
Joseph Jaap
answered on Sep 19, 2022

Possibly, but the home would be considered marital properly, so your spouse could be entitled to some portion of its equity in the division of marital property in a divorce. It depends on whose funds were used to pay for maintenance, insurance, etc. for the home and other factors, and all the... View More

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1 Answer | Asked in Divorce for Ohio on
Q: My adult granddaughter has a court date for Sept. 9th to finalize her dissolution of marriage, in Greene County Ohio.

The court says if he does not show on court day, they cannot do anything. The husband just informed my granddaughter that he is moving to Kentucky. He says he will be there for court, but we know better. What can she do to get this uncontested, all signed, in agreement, dissolution done on court... View More

Raquel Ann Parish
Raquel Ann Parish
answered on Sep 1, 2022

In order for a Dissolution in Ohio to be finalized both parties must sign all documents and appear to give their consent to the Dissolution at the Dissolution hearing. Some counties allow Zoom, Whatsapp or Bluejeans video attendance if one party cannot appear in person. Parties should contact the... View More

1 Answer | Asked in Divorce, Family Law, Real Estate Law and Landlord - Tenant for Ohio on
Q: I need help I'm homeless and low income. Illegal lock out and She lied on equity at the divorce. I had no lawyer

Divorced 9/07/2021 in Ohio she was awarded the house but never finished the quick deed. I never signed a quick deed.My name is on mortgage and as of now it is still on the deed. She can't refinance cause she bought a new car after the divorce. The morgage company keeps calling due to missed... View More

Raquel Ann Parish
Raquel Ann Parish
answered on Aug 22, 2022

Parties to a Divorce can file a Motion under Ohio Rules of Civil Procedure 60 B to request the court to grant relief from a Divorce or Dissolution judgment or order. Motions can be filed based on mistakes; inadvertence; excusable neglect; newly discovered evidence; fraud; etc. The motion shall be... View More

1 Answer | Asked in Divorce for Ohio on
Q: Ex refuses to communicate with me about switching her loan to me as specified in divorce decree. It’s been 3 years.

Ohio

Parent plus loan she took out.

Decree states we work together to switch it into my name in a timely manner. Options?

Joseph Jaap
Joseph Jaap
answered on Aug 15, 2022

Your divorce decree might require mediation of any disputes. But if that doesn't work, then you could file with the court asking to have her held in contempt if she does not comply. Talk to your divorce attorney or use the Find a Lawyer tab to retain a local family law attorney.

1 Answer | Asked in Divorce, Family Law and Small Claims for Ohio on
Q: My ex and i have a suv together. He took it from me while i was at work. Can I take it back in the same manner?

4 years ago we bought the suv together. 2 years ago I found him cheating, and kicked him out. He kept the car we paid off, and I drove (and paid for) that one. The other night I was at work, and he came and took the car. He sent me a text message saying he had it and to not report it stolen. He... View More

Joseph Jaap
Joseph Jaap
answered on Aug 1, 2022

It depends on if he is an ex-boyfriend or an ex-spouse. If he is an ex-spouse, then the divorce decree and property separation agreement determine who gets the vehicle. But an unmarried couple does not have the same legal process for dividing a vehicle as in a divorce when they split up. If he... View More

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: My married was ended via dissolution. Agreed for wife to have the house. Now it's being sold. Do I get any of that mone?

I was under the impression that she was only living in the house while I moved out. It wouldn't make any sense for me to just give her the house and not get any return on the money I invested into it. Cuyahoga County. Ohio.

Joseph Jaap
Joseph Jaap
answered on Jul 30, 2022

You might not be entitled to any payment. It depends on what terms were specified in your property separation agreement that was part of the dissolution, and if any equity or proceeds of sale were to be shared. Talk to the attorney who handled your dissolution. If you didn't have an... View More

1 Answer | Asked in Divorce for Ohio on
Q: We want a divorce because we just don’t want to be married but don’t want to go to court, is this possible and fast?

We have no property and don’t want anything from each other. We have a 14 and 15 year old and work out with visitation just fine nonissues for two years now.

Raquel Ann Parish
Raquel Ann Parish
answered on Jul 7, 2022

Parties seeking an uncontested Divorce with children or a Dissolution with children in Ohio must write out their agreements for the court to order a termination of the marriage. The agreements to terminate the marriage with children must include property division, a parenting plan and child... View More

1 Answer | Asked in Divorce for Ohio on
Q: I got married over the phone in 2018 in prison I’m in a halfway house trying to get a divorce but

The woman is acting really suspicious and constantly delaying won’t send me the paperwork I keep asking for to get the divorce going. I don’t even know if I’m actually married it was all done over the phone I called her and she three-way called another woman that was supposedly the one that... View More

Raquel Ann Parish
Raquel Ann Parish
answered on Jul 6, 2022

Pursuant to Ohio Revised Code 3101.08 describes who can marry people an ordained or licensed minister of any religious society or congregation within this state who is licensed to solemnize marriages, a judge of a county court in accordance with section 1907.18 of the Revised Code, a judge of a... View More

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