Ohio Divorce Legal Questions

If marital funds are used, the item being purchased becomes a marital asset, subject to being divided in the estate or sold. If you have decided to divorce, the time in NOW to talk with a lawyer. You can make things unnecessarily complicated and expensive in terms of lawyer fees if you do not. The answer to this question does not create a lawyer client relationship. Nor is the answer to be taken as legal advice. It is only meant for entertainment purposes.... Read More

The divorce court can not modify your original obligation with the bank. It can only direct which of you has primary liability. I would assume that there is an indemnification clause in your divorce papers, but you probably should have them reviewed by an attorney in light of your ex's health.... Read More

Let's put this in perspective: Someone has absconded with tens of thousands of dollars of your property, and you have not yet talked with a lawyer? Rather than trying to repossess a car, meeting with a lawyer needs to be your first step and priority. Property issues in a marriage are complicated. The car may be titled to you, but because the car was purchased during your marriage, it may in fact be marital property and belong in part to your wife. A lawyer can (and will) explain. This answer does not create a lawyer/client relationship, nor should it be considered legal advice. It is intended for entertainment purposes only.... Read More

I am not sure what you are asking because of your statement about "(E)arned income contributed to investments". Marital property is property acquired during the term of the marriage. Pre-maritial property is the property acquired before the marriage. If your husband made money on investments during the term of the marriage, you would be entitled to a share of the profits - perhaps 50%, perhaps more or perhaps less. It depends on how property will be divided, and other factors. The one fact that is certain is that you need to discuss this with an attorney. The attorney can interview you so that he or she can accurately determine your situation and can advise you accordingly. The above answer does not create a lawyer/client relationship, nor may it be considered legal advice. The information was intended for entertainment purposes only.... Read More

Teresa: I am assuming he lived here in Ohio with you. If that is so, you have enough jurisdiction to do a full divorce. You may have to serve him by publication if you can get a valid address. Service may have special rules per international law.  If he really will cooperate then, "Great"!!... Read More

If the minister is doing this under his license with the state of Ohio and the marriage is therefore legal (per the license to get married that your friend needs) then your friend will be guilty of bigamy and I would bet that she isn't telling the minister the whole truth about the facts at hand. The marraige would also be voidable. ... Read More

If she was ordered to refinance in 2 years and did not do so, then you have a "potential" contempt case. Here defenses would be that she was "unable" to do that (which looks like a bad defense if she built and financed another home) or that the agreement/order is unclear and capable of more than one interpretation. ... Read More

Your friend should consult with an attorney.  Just being here on an H1B will not, in an of itself create the residency/domiciliary facts she needs to start a divorce  unless there is a way for her to stay here and she can prove that she intends for this to be her home, essentially "from now on." ... Read More

If you were granted a percentage of your former husband's military retirement you need to file an "Order Suitable for Processing" with the military so that they can take the percentage out and send it directly to you. This order will have to be drawn up and then submitted to the court for the judge to sign and then submitted to the military. ... Read More

The first attorney does not have to resign for the new attorney to take over.  The new attorney simply needs to file a Notice of Substitution of Counsel.  The old attorney will be removed from the case and the new attorney substituted in their place.   For more information visit us at www.Sylkatis-Law.com & www.LorainDivorceAttorney.com... Read More

I am assuming that you were the participant in the plan and that your former spouse is now deceased.  Since you were the participant, you should still have access to the administrator of the plan.  Contact them and let them know what is going on. They will tell you what the effect of the death is on any payments or assets of the plan.... Read More

Filing married joint or married separate is an irrevocable election. So once they filed separate they can't change it. When you file separate, each gets the refund based on their own return. A couple usually gets a bigger refund filing joint but in a divorce, many couples can't agree on how to split the refund.... Read More

In order to proceed with a divorce your husband must be properly served. Generally, if you have your husband's address and he is willing to sign, service in a foreign country can be accomplished through a registered letter from the court. If his address is unknown we may be able to have him served through publication. In that instance, however, the court can only divorce you and may not be able to deal with property or support issues. It sounds as if you will not have a service issue and the divorce could proceed here in Ohio in a fairly straight forward fashion.... Read More

This is one of those questions that turns on the facts. I'm not sure if you have completed the annulment. If the court has issued a decree annulling your marriage, then there is no going back. BUT if the annulment is *not* final, and you truly want to stop it, I would visit a different lawyer and ask that lawyer the question: Does O.R.C. 3105.091 apply to your case? If it does apply, then one of the lawyers can ask the court to stop the annulment process for 90 days to allow you seek counseling and attempt to save your marriage.... Read More

There may be fifty ways to leave your lover, according to Paul Simon, but in Ohio there are just five ways to alter your marriage. Each has advantages and disadvantages you will need to discuss with with your attorney to make sure you choose the one that is right for you. The five ways to alter your marriage are: Legal Separation, Annulment, Contested Divorce, Uncontested Divorce and Dissolution. You do not need a legal separation to file for any of the four. If you live out of state, you MAY need to file for divorce (or any of the choices listed above) in the state where you live. But it depends. Again, please see a lawyer to determine which of the five is right for you. The above does not create a lawyer / client relationship, nor is it to be considered legal advice.... Read More