Ohio Divorce Legal Questions

Want a good answer? Ask a thorough question starting with "Who, What, When, How, Will I or Do I".
Then, add details. This will help you get a quicker and better answer.
Question field is required
Explanation field is required
A valid US zip code is required Validating the Zip Code.
Question type field is required
Question type field is required
1
Ask a Question

2
Details

3
Submit
1
Ask a Question

2
Submit
Fullname is required
A valid email address is required.
Receive a follow-up from lawyers after your question is answered
A valid phone number is required
Select the best time for you to receive a follow-up call from a lawyer after your question is answered. (Required field)
to
Invalid Time

*Required fields

Question
Description
By submitting your question, you understand and agree to the Terms and Conditions and Privacy Policy for use of the site. Do not include any personal information including name, email or other identifying details in your question or question details. An attorney-client relationship is not being established and you are not a prospective client of any attorney who responds to your question. No question, answer, or discussion of any kind facilitated on this site is confidential or legal advice. Questions answered are randomly selected based on general consumer interest and not all are addressed. Questions may display online and be archived by Martindale-Hubbell.
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 3
Do you have any Ohio Divorce questions page 3 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

In Ohio and many other states any value of any asset, no matter how long you have been married, is "marital property" to the extent that the value has been created due to contributions of marital money or marital effort, unless there is a prenuptial agreement providing differently.  Wheether you will "receive" part or all of the value of the policy (the cash value) will depend upon what other assets and debts you might receive or become responsible for in any divorce or dissolution.... Read More
In Ohio and many other states any value of any asset, no matter how long you have been married, is "marital property" to the extent that the value... Read More

Do I have to get a divorce from a common law marriage?

Answered 10 years and 8 months ago by Julie Anne Ringquist (Unclaimed Profile)   |   8 Answers   |  Legal Topics: Divorce
No, legally, there is no marriage by common law methods any longer.
No, legally, there is no marriage by common law methods any longer.

Do I have to get a divorce from a common law marriage?

Answered 10 years and 8 months ago by Mr. Robert E McCall (Unclaimed Profile)   |   8 Answers   |  Legal Topics: Divorce
Florida has not recognized Common Law marriage since the late 1970's.
Florida has not recognized Common Law marriage since the late 1970's.

Do I have to get a divorce from a common law marriage?

Answered 10 years and 8 months ago by Robert Andrew Michael Burns (Unclaimed Profile)   |   8 Answers   |  Legal Topics: Divorce
A common law marriage is terminated only by death, annulment, or divorce. But, you cannot create a common law marriage in California; it must be created in a State or Country which allows creation of common law marriages.
A common law marriage is terminated only by death, annulment, or divorce. But, you cannot create a common law marriage in California; it must be... Read More

Do I have to get a divorce from a common law marriage?

Answered 10 years and 8 months ago by Helene Ellenbogen (Unclaimed Profile)   |   8 Answers   |  Legal Topics: Divorce
If you were in WA, there is no common law marriage.
If you were in WA, there is no common law marriage.

Do I have to get a divorce from a common law marriage?

Answered 10 years and 8 months ago by Barbara Peyton (Unclaimed Profile)   |   8 Answers   |  Legal Topics: Divorce
Unless the common law marriage starred in Texas you have never been legally married in California. Hence, no divorce is needed. I suggest you have a one time consultation with a family law attorney and show him/her the insurance paper you are talking about.
Unless the common law marriage starred in Texas you have never been legally married in California. Hence, no divorce is needed. I suggest you have a... Read More

What are my rights to these things and is hiring an attorney for them would be worth the cost?

Answered 10 years and 9 months ago by John George Galasso (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Its always good to have an attorney represent you in an anticipated fight; In Ohio, there is no time requirement for a dissolution; You need only establish residency in a particular county for 90 days to file; You are entitled to 1/2 of anything obtained during the marriage, that includes marital debt.... Read More
Its always good to have an attorney represent you in an anticipated fight; In Ohio, there is no time requirement for a dissolution; You need only... Read More

Can I refuse to sign this withdrawal and have her continue to work on my case?

Answered 10 years and 10 months ago by John George Galasso (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
No; But she can request to withdraw for good cause, but the court must grant it.
No; But she can request to withdraw for good cause, but the court must grant it.

is there a judge that will grant a divorce just because the couple doesn't get along or will they tell us to go through marriage counseling?

Answered 10 years and 10 months ago by Susan Miller Weaver (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
If you are both in agreement to end the marriage you can get a divorce on the grounds of incompatibility.  No counseling required. Each court handles these things differently, but I have never heard of a court ordering anyone to go to counseling before granting a divorce.   Susan Weaver    ... Read More
If you are both in agreement to end the marriage you can get a divorce on the grounds of incompatibility.  No counseling required. Each court... Read More

What can I do if I just found out my wife removed my name from the lease?

Answered 10 years and 11 months ago by Jack W. Abel (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
My guess is that the lease came up for renewal and she just renewed it in her name.? Probably doesn't really change what you two have been doing for the last year.
My guess is that the lease came up for renewal and she just renewed it in her name.? Probably doesn't really change what you two have been doing for... Read More

How do I find a contingency based domestic violence divorce attorney?

Answered 10 years and 11 months ago by James Forrest Lentz (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Divorce
Ohio attorneys are prohibited from accepting domestic relations cases on a contingency basis. More over, domestic violence, whether seeking criminal charges or a civil protection order does not generate an award for the victim. Thus for the DV you would not be likely to find an attorney to take the case on contingency. Personal injury is another matter entirely where a contingency fee would be likely. The above does not create as lawyer / client relationship, or may it be taken as legal advice. It is intended for entertainment purposes only.... Read More
Ohio attorneys are prohibited from accepting domestic relations cases on a contingency basis. More over, domestic violence, whether seeking criminal... Read More

If I have asked husband to leave and filed for a protection order, can I still make him pay half the bills?

Answered 10 years and 11 months ago by Jack W. Abel (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
The Court has the authority to deal with support as a part of the protection order but the better course may be to file for a divorce and seek to obtain a temporary support order. The divorce court is generally better suited to deal with that issue.
The Court has the authority to deal with support as a part of the protection order but the better course may be to file for a divorce and seek to... Read More

What legal recourse do I have against my husband who let our home be repossessed?

Answered 10 years and 11 months ago by Jack W. Abel (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Yes, it does sound as if he is in contempt of Court and a motion to show cause is in order. The problem you have, though, is that it may be too late to get you the relief that you need. The horse, unfortunately, is out-of-the barn, and although your ex can be ordered to reimburse you for damages you have sustained, the Court can't fix your credit report. You should, however, have been named as a party to the foreclosure and should have had the opportunity to defend at that time. If you weren't properly served you may still have some recourse.... Read More
Yes, it does sound as if he is in contempt of Court and a motion to show cause is in order. The problem you have, though, is that it may be too late... Read More

How can I file for divorce if I am currently married to a woman who left me a long time ago with no contact information?

Answered 10 years and 11 months ago by Jack W. Abel (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Divorce
Provided that you are a resident of Ohio you can still file and get divorced. We serve her by what is called "publication". We can't dealt with alimony, property division and debts, but we can get you divorced.
Provided that you are a resident of Ohio you can still file and get divorced. We serve her by what is called "publication". We can't dealt with... Read More

Do I file for a dissolution or divorce from my husband if Iโ€™m filing for mental abuse?

Answered 11 years ago by John George Galasso (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Divorce
If you agree on everything you could do a dissolution; If not a divorce; In Ohio, being a no fault state, you could use incompatibality as grounds for divorce
If you agree on everything you could do a dissolution; If not a divorce; In Ohio, being a no fault state, you could use incompatibality as grounds... Read More

Do I file for a dissolution or divorce from my husband if Iโ€™m filing for mental abuse?

Answered 11 years ago by Jack W. Abel (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Divorce
It would need to be a divorce. Dissolution is the no fault version where there is an agreement as to all terms in advance.
It would need to be a divorce. Dissolution is the no fault version where there is an agreement as to all terms in advance.

Hidden assets of my ex were found after the divorce, can a modification of the decree be done in court?

Answered 11 years and 2 months ago by Jack W. Abel (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
It sounds as if you have a very difficult case. Generally, a motion to vacate the prior decree must be filed within 1 year - unless there is actual fraud. As it appears that your attorney had the information, there is no fraud to base the motion on. Equally, if your attorney was guilty of malpractice, that also needed to have been brought within 1 year from the termination of his services and you may be beyond that time as well. You may, however, be well advised to actually sit down with an attorney so that he/she can sort through all of the facts and give you a more thorough analysis.... Read More
It sounds as if you have a very difficult case. Generally, a motion to vacate the prior decree must be filed within 1 year - unless there is actual... Read More

Is my husband entitled to the annuity I got before we married if we divorce?

Answered 11 years and 3 months ago by Jack W. Abel (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Unless it has been comingled, generally this would be your separate property and should be awarded to you in a divorce.
Unless it has been comingled, generally this would be your separate property and should be awarded to you in a divorce.

If my boyfriend and I stayed together for 8 years and we broke up, what is the law on this?

Answered 11 years and 3 months ago by Jack W. Abel (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Divorce
There is no common law marriage in Ohio. You would have no protection under the divorce law.
There is no common law marriage in Ohio. You would have no protection under the divorce law.

What constitutes a common law marriage?

Answered 11 years and 3 months ago by Jack W. Abel (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
As much as I would like to see it, there is no common law marriage in Ohio. It was abolished by statute more than 20 years ago. You, unfortunately, will need to go to civil court.
As much as I would like to see it, there is no common law marriage in Ohio. It was abolished by statute more than 20 years ago. You, unfortunately,... Read More

Who gets the cars after separation?

Answered 11 years and 4 months ago by Jack W. Abel (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Typically the court would award autos to the person primarily using them. A court would also, generally, grant a court order regarding the use of an automobile if that was necessary. That would require, however, a divorce filing with the court.
Typically the court would award autos to the person primarily using them. A court would also, generally, grant a court order regarding the use of an... Read More
As long as you have been married for more than 10 years you would still be eligible to collect under your husband's social security.
As long as you have been married for more than 10 years you would still be eligible to collect under your husband's social security.

If we have only been married a little over a year, is she entitled to my 401k?

Answered 11 years and 5 months ago by Jack W. Abel (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Divorce
Ohio law provides that any property earned "during the marriage" is marital. The law also provides that marital property is to be divided equitably and that the starting point is to be 50-50. Accordingly, the court would first determine how much of the 401(k) was earned "during the marriage" and after that determine whether that portion should be equally divided or not. I would guess that you are not talking about a large amount.... Read More
Ohio law provides that any property earned "during the marriage" is marital. The law also provides that marital property is to be divided equitably... Read More

Can I be successful in court terminating my spousal support because my ex is cohabiting?

Answered 11 years and 6 months ago by James Forrest Lentz (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
And therein is the problem. Merely sharing the same domicile is not enough to prove co-habitation in Ohio. There are three generally accepted factors: the people in question must be living together, for a sustained period of time and are sharing expenses. You may be able to get their financial records in your search to prove co-habitation. You should discuss this with an attorney whose primary focus is domestic relations law.... Read More
And therein is the problem. Merely sharing the same domicile is not enough to prove co-habitation in Ohio. There are three generally accepted... Read More

What if I have filed for divorce, and tried to have my husband served, but he quit his job and has no known address?

Answered 11 years and 6 months ago by James Forrest Lentz (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
I think it is obvious that you need an attorney. If you have a problem serving your husband, when you get into the more serious issues you will bee in trouble. Service can be done by publication. For more information, please see an attorney. You will save money in the long run. This message does not create a lawyer/client relationship. It may not be relied on as legal advice, and is intended for entertainment only.... Read More
I think it is obvious that you need an attorney. If you have a problem serving your husband, when you get into the more serious issues you will bee... Read More