Ohio Divorce Legal Questions

As long as you have been an Ohio resident for more than 6 months you would be entitled to file, and obtain, a divorce here. By law we can serve your husband in care of the prison warden. The cost would vary according to the issues involved, property and children , however, it sounds as if it would be fairly straightforward and at the lower end of the cost scale.... Read More

The law will provide that you have an interest in the home if it was: 1. Purchased during the marriage with funds earned during the marriage; 2. Improved during the marriage with funds earned during the marriage or by work done by either you or  your husband during the marriage.   If it was purchased during the marriage, and has been paid for with money earned during the marriage (no matter who earned the money) then you have an interest in it (and the court will consider that a 'half interest."   If the house was inherited by your spouse or owned by him/her before the marriage, there still can be a "marital" interest in the home due to the use of marital funds to pay on the mortgage and/or due to work being done on the home during the marriage (even it it was your spouse who did the work or even if only your spouse's marital earnings were used to pay on the home).    ... Read More

Provided that she has lived here in Ohio for more than 6 months she can get a divorce here. She just needs to file and get him served with the papers. Whether it will be uncontested or contested simply depends upon whether the husband files an answer with the court. Either way it sounds as if she is entitled to a divorce.... Read More

This is a difficult if not impossible question to answer without more info.  What papers did you pick up, where did you get them from, who drafted them?  Even if both parties agree on everything, it is best to have an attorney draft the documents and be the go between with the court.    For more information visit us at www.LorainDivorceAttorney.com... Read More

Whether you are potentially entitled to spousal support depends upon an analysis of a number of things, such as length of marriage, health, age, education, etc.  The mere fact that your husband has been gone for 4 years, in an of itself,  is not enough information to permit anyone to say you would not be entitled to spousal support.  Perhaps your attorney was thinking of some of the other factors also when he/she made the statement concerning spousal support, or perhaps you misunderstood the attorney.  Best advice is to ask the attorney with whom you discussed this to explain (or consult with yet another attorney and get  another opinion).  However, no matter what answer you receive, when you re-visit this issue, make sure you ask "why" that is the answer and make sure you understand what is being considered by the person with whom you are consulting.... Read More

Depending upon where your Husband gets his coverage from, you may be able to keep some coverage. If he receives the insurance from work, AND if the employer must comply with what are called "COBRA laws" (Consolidated Omnibus Reconcilliation Act), then you will  have the opportunity to purchase continuing coverage for a period of time.... Read More

Your question is a great example of why most people who seek help on this site really need to sit down and pay an attorney. I do not know where you live now. This is an Ohio site, but we get questions from people who reside in all of the fifty states. Where you live is important, is how long you and your husband have lived there. You say that you want to move to Maryland. Are you planning on taking your child with you? If you file in Ohio you will have to return to Ohio from Maryland for court hearings and depositions. That would require significant time and expense. Please visit with a domestic relations attorney and together create a plan to make your divorce quick and equitable. The answer of your questions does not create a lawyer/client relationship. The answer may not be taken as legal advice, it is for entertainment purposes only.... Read More

The short answer is, "No."  There is no cause of action, in Ohio for desertion.  However, if you re-locate to Florida and that is your "new domicile," meaning you intend to live there, you will not be able to sue him for divorce in Ohio---- and---- you will have to live in Florida, for the proper amount of time before you can sue him for divorce there. You probably should consult with an attorney before leaving to make sure you are doing things the proper way.  Otherwise, you could end up needing to file to get temporary support, or to get temporary orders to force him to pay bills or help on bills and you will potentially have a problem filing.... Read More

In divorces and dissolutions many people "buy-out" the other spouse's interst in the martial home. This is not uncommon. This would result after a full analysis of the "bottom line" though, after analysis of the assignment of responsibility for marital debts, and allocation of the other marital assets.... Read More

Usually a QDRO is filed (Qualified Domestic Relations Order) and there are rules about when the receiving spouse ("the alternate payee") can or will receive his/her potion of the benefits. If someone wants "his share" right away, then sometimes the spouse who is in the retirement plan keeps 100% of the retirement plan but transfers the other spouse some other assets  or takes on additional debt payments to make up for not having to transfer part of the retirement.  ... Read More

Actually the courts do not, but the Ohio Supreme Court does. Divorce cases without children have a year and those cases with children have 18 months before they are listed on a report that goes to Columbus. The domestic relations judge has to account for the reason the case is taking so long and estimate when it will be finished. Please consult your attorney for further information. This response is not legal advice and does not create a lawyer - client relationship. It is intended for entertainment only.... Read More

Whether you terminate your marriage through a divorce or a dissolution should not have any effect upon your rights to Social Security Benefits-- assuming you have rights or will have rights. If you are talking about  retirement benefits earned, through your spouse, and your right to payment equal to half of those, in certain circumstances, I believe you have to have been married for over ten years to that spouse.  You should check the Social Security Website or call your local Social Security office about how to qualify and how to remain qualified.  If you are talking about disability benefits, again, the use of a dissolution instead of  a divorce should make no difference. Again, talk with the people at Social Security to have them explain your rights to you and what rights you would lose, if any, upon termination of the marriage, as well as what rights you might lose if you marry someone else after this divorce or dissolution.... Read More

You have a relatively long term marriage.  If the 401-k funds and home were paid for with marital earnings then they will be distributed between you and your husband (but so will any marital debts).  With a marriage of that length, spousal support or alimony will definitely be an issue for the court to consider, based upon its findings on many factors including your earning capacity, his earning capacity, your health, his health, etc.... Read More

Infidelity is a ground for divorce in Ohio.  Further, regardless of his current residence, if you live in Ohio, you may file for divorce in Ohio. Filing for divorce will allow the court to divide your assets and liabilities, make a determination regarding the custody and support of children of the marriage and award spousal support. If you need more specific answers regarding your particular situation, I recommend you contact a lawyer in your area. Please be advised that the above answer is for information purposes only and is not intended to create an attorney client relationship.... Read More

If the court has retained jurisdiction over spousal support, including the amount payable, then, unless any increase is prohibited by the terms of the agreement, otherwise, the amount can be increased due to an increase in salary if the court finds the amount signifcant enough to justify an increase.  However, the court will also look to see if the obligee's income has increased too and the court may look to see whether this increase was anticipated at the time of the original award and thus, factored into the original award.... Read More

Under Ohio law, when parties get divorced the court differentiates between separate and marital property. An inheritance, like gifts or property acquired before the marriage, is considered separate property. Generally, separate property is awarded to the individual owner as long as it can be traced.  Tracing is showing the Court the trail of the asset from receipt to current form. However, the Court has the authority to make a distributive award, an award of separate property to the other spouse, if needed to acheive equity. Hence, in a nut shell, as long as you can show that you inherited the house, you should have no issue with tracing. Absent a distributive award, Wife should not be awarded any part of the home. Please be advised that the above answer is for information purposes only and is not intended to create an attorney client relationship.... Read More