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Ohio Divorce Questions & Answers
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

1 Answer | Asked in Divorce for Ohio on
Q: Can I fire my attorney for my divorce case? This is in Ohio

We have pre-trial next week and trial next month

Raquel Ann Parish
Raquel Ann Parish
answered on Jun 27, 2022

Clients are free to fire their attorney at anytime and can do so in writing to inform of the decision and to request that no further work be done on the case. It is highly suggested that prior to doing this clients consult another attorney who can potentially take over the case since there might... View More

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: If the wife committed adultery, how can the husband go about ending the marriage with no spousal support in final ruling

My wife cheated on me no longer than 7 months ago. We are still legally married with no legal separation. We are no longer living together as of a week ago. There are a lot of things regarding finances and property her and I are going over. However, I am curious as to how her betrayal benefits me... View More

Raquel Ann Parish
Raquel Ann Parish
answered on Jun 20, 2022

Pursuant to section 3105.171 concerning equitable division of marital and separate property - distributive award in Divorce the Ohio Legislature has ruled the court shall provide for an equitable division of marital property prior to making any award of spousal support to either spouse and without... View More

1 Answer | Asked in Divorce for Ohio on
Q: Where can I find a separation agreement that says I want a dissolution of marriage?

When I go on the website there's only one separation agreement and there isn't a place for me to say it's for a dissolution. I'm not sure where to find the one I need. And if I'm supposed to use that one I'm not sure how I'm supposed to say it's for a... View More

Nicholas P. Weiss
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answered on Jun 15, 2022

It does not need to say it's for a dissolution. In either a divorce or dissolution by agreement the separation agreement is only a part of the total judgment that divides assets and debts between the parties.

1 Answer | Asked in Divorce for Ohio on
Q: Me and my wife been separated for 7 yrs and we don't really talk anymore I'm just trying to figure out to get divorced
Joseph Jaap
Joseph Jaap
answered on Jun 9, 2022

If you have been separated that long, and if you have already divided your property and assets, then you could terminate your marriage by filing for a dissolution -- but you both have to be able to agree on everything. Otherwise you file for divorce. Use the Find a Lawyer tab to talk to a local... View More

1 Answer | Asked in Divorce and Child Custody for Ohio on
Q: I am trying to file for divorce, we agreed to do a dissolution and certain days for the father to see our son.

The father then got on drugs and rarely saw my son. He went to jail in november 2021, then to rehab and is now in a transitional housing unit, and still rarely seeing or contacting him. Is there anything I can do to fight this, besides getting a lawyer due to me having no job,as i am a stay at home... View More

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

Waverly Family Legal Aid & Pro Bono Services

Ross County Rural Victims Assistance Program

(740) 702-3190

28 N. Paint Street

Chillicothe, OH 45601

Family and Domestic Violence

OR

Southeastern Ohio Legal Services

(740) 773-0012...
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1 Answer | Asked in Divorce for Ohio on
Q: My 80 yr old mother receives monthly payments as a result of a divorce over 20+ years ago. Her ex passed away this year.

She was told that her payments each month will be reduced if she did not produce an original death certificate. Her ex-husband remarried . Is it possible for her to request a death certificate or not? She does not own or use a computer so I am asking the question on her behalf.

Joseph Jaap
Joseph Jaap
answered on Jun 6, 2022

A death certificate is a public record. She can request one from the county office in which it was filed by calling them and finding out how to submit a request and the amount of the fee.

1 Answer | Asked in Divorce for Ohio on
Q: I’m filling out a certificate of assignment for my dissolution but we have NO minor children. How do I fill this out?
Raquel Ann Parish
Raquel Ann Parish
answered on May 30, 2022

Pursuant to Ohio Revised Code 3105.171 A division or disbursement of property or a distributive award made under an Ohio Divorce is not subject to future modification by the court except upon the express written consent or agreement to the modification by both spouses. This means a final order... View More

1 Answer | Asked in Divorce for Ohio on
Q: I am 66 and about to retire and work three days a week. I am also getting a divorce. I have already moved into my own.

My husband gets a pension from Ford motors. Now I have heard that I may be able to receive a part of that pension. We have been married 12 years. If this is true, will it be taken from his existing pension or not. If not, what steps do I take in order to receive this benefit. I could really... View More

Raquel Ann Parish
Raquel Ann Parish
answered on May 26, 2022

Pursuant to Ohio Revised Code 3105.171 a division or disbursement of property or a distributive award made by Divorce is not subject to future modification by the court except upon the express written consent or agreement to the modification by both spouses. This means that the final order... View More

2 Answers | Asked in Divorce for Ohio on
Q: My divorce got finalized a few months ago. I just found out he was hiding money. Is there anything I can do ?

He left 7 cents in the joint account where my paychecks went to and made it seem like he was broke and struggling. He had over $20,000 in one of his accounts. I’ve been having car problems, driving an hour to and from work and ended up moving a few hours away because he kept harassing me, would... View More

Raquel Ann Parish
Raquel Ann Parish
answered on May 25, 2022

The Ohio Rules of Civil Procedure Rule 60 provides grounds for filing motions to request a new trial after a Divorce Decree has already been granted. Failure to disclose certain assets is grounds to claim fraud and possible perjury. However, the Court may not grant the motion if there is a finding... View More

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1 Answer | Asked in Civil Litigation and Divorce for Ohio on
Q: My ex-wife and I still own a house together. She is refusing to pay any amount of the mortgage. What can I do

We bought the house, in North Carolina, shortly after getting married. Our jobs moved us out of state and we rented the house out on a 5 year lease with option to buy. The renters didn't buy, but still living there without paying rent (another legal issue in progress), and my now ex-wife is... View More

Joseph Jaap
Joseph Jaap
answered on May 13, 2022

Your divorce decree should have specified what was to happen to that house, who was to pay mortgage, expenses, etc. If ex is not complying with the decree, then you can file with the court that issued your divorce decree and ask the judge to order her to comply and to hold her in contempt if she... View More

2 Answers | Asked in Child Custody, Child Support and Divorce for Ohio on
Q: Want Divorce from alcoholic husband. Together we have 3 daughters and he refuses leave! What are my options?

Married 12 years.

His unpredictable behaviors are escalating, now having people over 4 nights a week, until 2am most times. I am a professional with a demanding schedule and will need a nanny afterwards. I'm very on edge lately not sleeping, worrying about the safety of myself and... View More

Raquel Ann Parish
Raquel Ann Parish
answered on May 9, 2022

There are situations where the parties will need help from the court to make decisions about the marital home and marital property at the very beginning of the Divorce case. Courts in Ohio use temporary orders to give the parties a set of rules which they must follow while the Divorce case is... View More

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2 Answers | Asked in Divorce for Ohio on
Q: Divorce question.

My wife and I are seperated and getting a divorce. She has offered to settle out of court with her getting 20% of my income. She says I should take the deal because if we go to court she will be granted 33% automatically. She's claims to to have medical conditions that won't allow her to... View More

Joseph Jaap
Joseph Jaap
answered on Apr 29, 2022

If a person claims they cannot work, that is one issue that a court could consider, and could require proof. Otherwise, the court could assume how much income that person should be able to earn in calculating spousal support amounts. There is no "automatic 33%" formula. Each case is... View More

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2 Answers | Asked in Divorce and Domestic Violence for Ohio on
Q: Filed for divorce on 3/17 and served summons to spouse in jail for domestic violence charges against me..

It's been over 30 days.. is there a way to expedite this divorce?

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

Divorce hearings are set generally once the clerk receives proof of service. The opposing party has 28 days to file an answer and can file a counterclaim and/or other motions. When parties are not seeing any hearing date and it has been a reasonable time for the clerk to process the proof of... View More

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2 Answers | Asked in Family Law and Divorce for Ohio on
Q: Dividing marital assets-does using dividend checks jointly make the principal amount on an inheritance community prop.?

The inheritance was left in one spouse’s name and in separate investment account. Quarterly dividend checks have sometimes been used for items for both spouses. Principal never been cashed or moved.

Raquel Ann Parish
Raquel Ann Parish
answered on Apr 19, 2022

Ohio is not a community property state. Pursuant to Ohio Revised Code 3105.171 the Court must make an equitable division of all marital property. The Ohio code states that marital property does not include any separate property and that separate property can be found if one spouse has received an... View More

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1 Answer | Asked in Landlord - Tenant and Divorce for Ohio on
Q: Can I evict my husband if he moved out two weeks ago an lives in another town in ohio

My house in owned an in my name. If not can any other measures be taken to keep him from destroying my house there has been nothing filed but he has takin residence in another home

Raquel Ann Parish
Raquel Ann Parish
answered on Apr 12, 2022

Ohio courts can make orders when parties are in the process of a divorce and they need to get rules in place quickly such as who will remain in the marital home or pay certain debts. As part of the court's temporary orders one party can be ordered to vacate the marital home and forced to find... View More

2 Answers | Asked in Divorce for Ohio on
Q: Hello: According to Ohio law, what is considered a school fee? Is there a location to find the definition?
Joseph Jaap
Joseph Jaap
answered on Mar 29, 2022

A local court or judge might have given an opinion on what it includes in that term. If not, then the parents will have to try to work it out. Check if the parenting agreement requires mediation before going to court. If mediation doesn't resolve it, then file with the court for the judge to... View More

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2 Answers | Asked in Divorce, Family Law and Child Custody for Ohio on
Q: If my children are in a different time zone than what our court order states- what time zone do we follow?

Our court order states “ Father shall be permitted to have contact with the children by phone,

Instagram, Facetime, skype or similar electronic media a minimum of three

times per week for a maximum of up to one hour. The days and times may be

agreed upon by the parties. If... View More

Raquel Ann Parish
Raquel Ann Parish
answered on Mar 28, 2022

The history of the parties plays a big role in how they conduct and carry out the terms of a shared parenting plan or child custody visitation order. Given the complexity of any case with a GAL etc there must have been some temporary orders in place while the case was pending. How were phone and... View More

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1 Answer | Asked in Child Support, Divorce and Family Law for Ohio on
Q: How can I get some one on one advice on the forms I need to go about getting a divorce and the reasons?

My husband is being non cooperative, he controls all the money, basically lives in another state comes home for 3 days out of a month! Leaves all the responsibilities of our 3 children on me, doesn’t spend any time with them or me, I ask that we sit down and discuss the matter of separating or... View More

Joseph Jaap
Joseph Jaap
answered on Mar 22, 2022

If he won't cooperate, then you will have to get an attorney and do the divorce yourself. Use the Find a Lawyer tab to talk to some local family law attorneys and then hire one to represent you through the divorce process and to answer questions about custody, child support, spousal support,... View More

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