Ohio Divorce Legal Questions

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224 legal questions have been posted about divorce by real users in Ohio. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include family law, adoptions, and child custody. All topics and other states can be accessed in the dropdowns below.
Ohio Divorce Questions & Legal Answers - Page 2
Do you have any Ohio Divorce questions page 2 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 224 previously answered Ohio Divorce questions.

Recent Legal Answers

If my fiancรฉs ex-wife has subpoenaed to us in for depositions, it doesnโ€™t say anything except (Rule 45), what will happen?

Answered 8 years and 10 months ago by John George Galasso (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Ohio Rule 45 covers subpoena issuance and duties of person responding; Without knowing anything else I do not know what will be asked: Sounds like she is not an ex yet, but is in the process of divorcing him;
Ohio Rule 45 covers subpoena issuance and duties of person responding; Without knowing anything else I do not know what will be asked: Sounds like... Read More

If I take the car, can he report it stolen and get me charged and locked up?

Answered 8 years and 10 months ago by John George Galasso (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Even though the title is in his name, your still married and it is maritial property
Even though the title is in his name, your still married and it is maritial property

Can I sue my second wife for cost of my first divorce based on her misrepresentation of the type of person she was?

Answered 8 years and 11 months ago by John George Galasso (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
No
No

If we are both on the lease and she is in a hurry to remove my name on the lease to kick me out in 2 weeks, is it possible?

Answered 8 years and 11 months ago by John George Galasso (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Depends on the wording in the lease whether one person can be removed; Normally you would have to sign a new lease to replace the old one
Depends on the wording in the lease whether one person can be removed; Normally you would have to sign a new lease to replace the old one

How much of my pension and 401k will my wife get in a divorce?

Answered 8 years and 11 months ago by John George Galasso (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Same answer applies to both: under Ohio law, spouse is entitled to one half of whatever was earned during the time of the marriage: If you had the existing accounts before you were married, you will need a qualified domestic relations order (QAUDRO) to determine what amount she is entitled
Same answer applies to both: under Ohio law, spouse is entitled to one half of whatever was earned during the time of the marriage: If you had the... Read More

How does my husband get his name off the title of a van he owns which is in the possession of his ex-wife?

Answered 9 years ago by John George Galasso (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Stop paying on it: Let the company reposess it: This will however go against his credit; Since the decree places no time limit on refinancing, you may file a motion with the Court where the divorce took place to request a modification: This would require her to come back to your state and appear in court... Read More
Stop paying on it: Let the company reposess it: This will however go against his credit; Since the decree places no time limit on refinancing, you... Read More
Sounds like he is not a keeper; You should consult a divorce attorney
Sounds like he is not a keeper; You should consult a divorce attorney

What will happen if they canโ€™t serve him with this and will I still get my divorce?

Answered 9 years and 2 months ago by John George Galasso (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Send the answer to the counter claim to the address he used when he filed it: It does not have to go personal service or certified mail as long as it is sent thru the clerk's office.
Send the answer to the counter claim to the address he used when he filed it: It does not have to go personal service or certified mail as long as it... Read More

How can I get a divorce if he refuses?

Answered 9 years and 3 months ago by Kollin Lawrence Rice (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
A divorce does not require the consent of the other party if you have other grounds. You should consult a lawyer about your particular situation and what you would need to do to make this happen. You can also seek child support while still married if you live separately. If you file for child support, he will either have to acknowledge the child as his or start paying support. This might be enough incentive to get him to take a paternity test.... Read More
A divorce does not require the consent of the other party if you have other grounds. You should consult a lawyer about your particular situation and... Read More

What are the rights of a disabled during a divorce case?

Answered 9 years and 6 months ago by Kollin Lawrence Rice (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Your rights and likely outcomes in your divorce will depend on the details of your particular situation and the jurisdiction in which the divorce was filed. Child support is not normally ordered for children over the age of 18 who are not disabled and not enrolled in high school. You may be entitled to spousal support. She is likely going to be obligated to keep you on her insurance while the divorce is going on. There will probably be a limit on how long the insurance will last. (But if you are on disability, you may be eligible for Medicare already, and without her income, perhaps Medicaid will be an option.) Any case involving a disabled spouse is probably a complicated one based on that factor alone. It is important for you to seek legal representation to protect your rights. Your chances of a more favorable outcome in such a complex case would be significantly improved by having representation.... Read More
Your rights and likely outcomes in your divorce will depend on the details of your particular situation and the jurisdiction in which the divorce was... Read More

Can a married inmate fight for his 401k?

Answered 9 years and 7 months ago by Kollin Lawrence Rice (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
An incarcerated person does not forfeit his property rights, and would be entitled to an equitable division of marital property. He may get a little less sympathy than a non-incarcerated person, but he is entitled to the same basic rights. It is probably even more important than usual for him to obtain counsel to protect his rights.... Read More
An incarcerated person does not forfeit his property rights, and would be entitled to an equitable division of marital property. He may get a little... Read More

Should I wait or say something if I paid my attorney his retainer 2 weeks ago and he hasn't filed my legal separation papers yet?

Answered 9 years and 8 months ago by John George Galasso (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
I would call and find out why it hasn't been filed yet.
I would call and find out why it hasn't been filed yet.
You cannot file for an Annulment just because you have  been married  less  than a year and have no children or property.  You must meet one of the conditions of the statute to file and be successful in your filing. For example, one of the conditions is "no-consumation of the marriage."  You should consult  with an attorney regarding your  situation and goals.... Read More
You cannot file for an Annulment just because you have  been married  less  than a year and have no children or property.  You... Read More

How do we go about getting his name changed and responsibility taken off of my husband?

Answered 9 years and 10 months ago by John George Galasso (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
There is a presumption in Ohio law that a child born during the marriage is the husbands child; Absent a court order stating he is not, your stuck; The real father would have to come forward and file for paternity; Once that has been established, then the birth certificate can be amended to reflect the biological father.... Read More
There is a presumption in Ohio law that a child born during the marriage is the husbands child; Absent a court order stating he is not, your stuck;... Read More
Assuming that there is a case pending, the deposition can probably go forward.  Consult with your attorney. 
Assuming that there is a case pending, the deposition can probably go forward.  Consult with your attorney. 

in Ohio is there a law that everything is to be divided 50/50 in a divorce?

Answered 9 years and 11 months ago by attorney William L. Geary   |   1 Answer   |  Legal Topics: Divorce
In Ohio, the marital property is divided "equitably" which means fairly. The court starts with a 50/50 analysis but then may adjust the division.  Separate, inherited, gifted, or pre-marital property is not divided but can be used to compensate a spouse for obligations owed to him her.... Read More
In Ohio, the marital property is divided "equitably" which means fairly. The court starts with a 50/50 analysis but then may adjust the... Read More

How long does a divorce take

Answered 9 years and 11 months ago by attorney William L. Geary   |   1 Answer   |  Legal Topics: Divorce
If you were in New York, the response to your question would be, "How long is a piece of string?"    Since you are in Ohio, the response is as follows:   No one knows until it is over. It depends upon all of the issues and the parties' and attorneys' and court's schedules, attitudes, health, etc.  Sometimes divorces with large amounts of assets and child isues go quikly while the ones with little or no assets and no children, drag on and and on.  Best bet:  Give an attorney the facts and he/she can "try" to guess for you.... Read More
If you were in New York, the response to your question would be, "How long is a piece of string?"    Since you are in Ohio, the response... Read More

Should I do an anullment or a divorce?

Answered 9 years and 11 months ago by attorney William L. Geary   |   1 Answer   |  Legal Topics: Divorce
You should talk with an attorney about this since to do an Annullment you have to meet cerain legal qualifications. If she will cooperate you might want to consider an uncontested divorce also.
You should talk with an attorney about this since to do an Annullment you have to meet cerain legal qualifications. If she will cooperate you might... Read More
The answer to your question will depend upon a number of facators including whether your spouse would be employed or employable, and also depending upon consideration of spousal support or alimony, in addition to issues regarding division of assets. Also the answer would depend upon what judge and magistrate might be considering your situation.... Read More
The answer to your question will depend upon a number of facators including whether your spouse would be employed or employable, and also depending... Read More
Not true.  The Court can do a "Division of Property Order" and divide the appropriate portion of the retirement. 
Not true.  The Court can do a "Division of Property Order" and divide the appropriate portion of the retirement. 

Does my husband have to sign if he was unfaithful and I have proof

Answered 10 years and a month ago by attorney William L. Geary   |   1 Answer   |  Legal Topics: Divorce
If you mean divorce, then you have to either agree with him and get a dissolution or uncontested divorce or you have to file for divorce.  See an attorney.
If you mean divorce, then you have to either agree with him and get a dissolution or uncontested divorce or you have to file for divorce.  See... Read More
If you are filing for a divorce then you should ask for temporary orders requiring that your wife be "supervised" when she exercises her parenting time. I would also suggest asking for a guardian ad litem during the case.
If you are filing for a divorce then you should ask for temporary orders requiring that your wife be "supervised" when she exercises her parenting... Read More

prenuptial agreement

Answered 10 years and 2 months ago by attorney William L. Geary   |   1 Answer   |  Legal Topics: Divorce
It is impossible to respond to your question wihthout seeing the prenuptial agreement.  Take it to a reputable attorney who knows family law and let him/her reivew it and discuss things with you.
It is impossible to respond to your question wihthout seeing the prenuptial agreement.  Take it to a reputable attorney who knows family law and... Read More

Which state should I file for divorce in?

Answered 10 years and 2 months ago by attorney William L. Geary   |   1 Answer   |  Legal Topics: Divorce
If you have been domiciled in Ohio for 6 months you should file here.  The question of "domicile" deals with whether this was your home and whether you intended to reside her "permanently" so far as you knew, when you moved here.
If you have been domiciled in Ohio for 6 months you should file here.  The question of "domicile" deals with whether this was your home and... Read More

I'm very low income right now how do I get a speedy divorce?

Answered 10 years and 2 months ago by Cathy Lynn Naugle (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Call the Illinois State Bar Association and ask about reduced fee or free ("pro bono") attorney services.  Be sure to specify that you need a family law attorney.
Call the Illinois State Bar Association and ask about reduced fee or free ("pro bono") attorney services.  Be sure to specify that you need a... Read More