Ohio Divorce Legal Questions

A divorce can go through when only one person participates. Your spouse would have to have you served either personally or through publication in a legal newspaper and then after the mandatory waiting period, if you do not respond, that person can go into court and get what is called a default Decree.... Read More

The answer to your question is that the wording of the provision regarding alimony or spousal support is obviously very important. From what you are saying though, you will not have to "pay back" what he has given you in payments.  That would be very unusual, and I have never seen that in any agreement or case. However, I have to say again, the wording is very important.  Without looking at the whole agreement, and reading every word of it, no attorney can give you a "final" answer on this question.... Read More

The answer to your question can only come from the judge who will hear your case.  I suggest that you consult with an attorney in your jurisdiction (county) on this issue. There is no statutory prohibition to the granting of a divorce of dissolution if you are pregnant but the judge may refuse to do that.  There are some creative ways, though, to attempt to convince the judge to grant the divorce or dissolution even though you are pregnant at the time, but, in the end, whether this can  be done will be up to the judge hearing your case. ... Read More

Yes, if your wife has lived in Ohio for at least six months then Ohio is a proper jurisdiction for her to file a divorce action.  Regarding the domestic violence allegations it should not affect the case regarding the distribution of marital assets but if there are any minor children involved it could affect the determination of parental rights and responsibilities (aka custody) it could have some bearing on that.  Now keep in mind, allegations are one thing, but a domestic violence conviction is completely different.     For more information visit us at www.Sylkatis-Law.com & www.LorainDivorceAttorney.com  ... Read More

It is possible to obtain a divorce without both parties being present at the same time if the divorce proceeds as an "uncontested" divorce.  Even with an "uncontested" divorce (where one party would have to appear with a witness) the "absent" party could have his/her attorney coordinate the final entry and any parenting plans.  Also, a judge might permit the parties to appear in court at different times of the day to testify concerning the divorce settlement but it would probably be impossible to do this unless all parts of the divorced grounds and settlement had been agreed upon before, since each party has the right to confront the other relating to testimony on any issues which are contested.... Read More

Based on the facts that you have provided, no will, trust, etc., it is unlikely that the girlfriend will inherit the house.  In Ohio, if a person dies with no will, has children but no spouse, the law states that the children will inherit the property.    For more information visit us at www.Sylkatis-Law.com & www.LorainDivorceAttorney.com... Read More

In Ohio you can obtain a divorce on the following grounds: (A) Either party had a husband or wife living at the time of the marriage from which the divorce is sought; (B) Willful absence of the adverse party for one year; (C) Adultery; (D) Extreme cruelty; (E) Fraudulent contract; (F) Any gross neglect of duty; (G) Habitual drunkenness; (H) Imprisonment of the adverse party in a state or federal correctional institution at the time of filing the complaint; (I) Procurement of a divorce outside this state, by a husband or wife, by virtue of which the party who procured it is released from the obligations of the marriage, while those obligations remain binding upon the other party; (J) On the application of either party, when husband and wife have, without interruption for one year, lived separate and apart without cohabitation; (K) Incompatibility, unless denied by either party. Your requested reason, abandonment, would fall under (B) above.  So since your husband has not been gone for more than one year, you would not qualify under that basis but that does not mean others grounds would not apply in order to let you file now.  For example, you may qualify for a divorce under the grounds of neglect of duty or incompatbility.  For more information visit us at www.LorainDivorceAttorney.com... Read More

In Ohio a divorce cannot be granted until such time that service has been perfected. The rules also provided that you have 28 days to file a response following date of service. Accordingly, the court cannot lawfully grant a divorce until at least 28 days following service. You should hire an attorney to file a response or to ask for an extension of time. Also, you are correct regarding medical insurance. Once a divorce action has been filed, a spouse cannot lawfully drop the other from medical insurance coverage and the court has the power to compel the offending spouse to reimburse you for the cost of substitute coverage or for medical bills incurred.... Read More