Ohio Divorce Legal Questions

If the business is an asset of the marriage or if your husband is a sole proprietor, and you benefited through the marriage from the proceeds of the business, I could see how a judge could order both parties to share the tax liability. That is not to say that is the case here, because I do not have sufficient information to make an intelligent opinion. All information in this answer is intended as entertainment and may not b e relied upon as legal advice.... Read More

I do not have enough information for an intelligent answer specific to your case. In virtually all cases, though, it is best to answer the complaint. If you search on Google, for "How do I Answer a divorce complaint", you should find some suggestions. Also contact the Legal Aid Society and your local Bar Association to see if law offices near you are taking clients "pro bono publico". One way or the other, I would encourage you to contact an attorney and to answer the complaint.... Read More

The court will require him to make an attempt to locate her through a process server who can then prepare an Affidavit of Due Diligence. This Affidavit will be submitted to the court asking that publication in a newspaper be allowed in lieu of serving her personally (if the process server cannot locate her). The notice is published for 4 weeks thereafter the default process can be started.... Read More

In Cuyahoga County Ohio, The judge would take your disability into account as a factor. But given the short duration of your marriage, it is likely the judge would only allow support for a short duration if any. The time spent living together does not count, except in very very unusual cases. Please contact a family law attorney for further information. This information may not be taken as legal advice, it is for entertainment purposes only.... Read More

No. The single mom's new husband's income will have no impact on the child support received from the child's father because the step-father has no legal obligation to support the child. However, if the step-father adopts the child, then the father's parental rights would be terminated, and the father would no longer have a child support obligation. The step-father would become the child's legal father, and the step-father would be legally responsible for supporting the child.... Read More

If your boyfriend is paying child support for another child that is for an Order of Support issued from court, then that is a mandatory deduction that the court must deduct when calculating his child support obligation. However, if the child support being paid is voluntary, and not through an order, then the court does not have to consider it when issuing the child support order for the new case.... Read More

"Legal separation"? I do not believe it. The purpose of a legal separation is to permit the parties to remain married while completely dividing all assets and debts. Usually it happens in cases where religion prohibits divorce or parties want to try to keep a souse on insurance. Courts dont do legal separations often, easily or inexpensively. Please go to a lawyer experienced in family law. A lawyer can effect a divorce without personal service on your fiance's ex.... Read More

I guess in a sense, your out-of-state spouse can sign off. Go to your family law attorney and ask the lawyer if you qualify for an uncontested divorce. If so, the proper documents can be prepared, your wife can sign off, and you and a party familiar with the marriage as a witness may appear before the court and obtain your divorce.... Read More

You may be able to file a motion to show cause on your own. If you do so, make sure you can document when you presented him with the bills (and that you did present him with the actual bills.) You may still be able to hold him in contempt for the mortgage as well. An attorney would likely be able to present these issues efficiently, and your ex might even be ordered to pay at least some part of the attorney fees. It sounds to me that you are talking about a significant sum of money, and it may be worth it to involve an attorney.... Read More

You don't provide enough information to explain why you think the ongoing appeals prevent your fiance. from remarrying or what state granted the divorce. In most states the divorce means he is no longer married and is therefore free to remarry. It would be unusual for any state to have a period longer than one year to prevent remarriage and there is no time limit even if there is an appeal pending.... Read More

Question 1: Why does your husband want a legal separation rather than a divorce? do the two of you plan on actually divorcing in the future? If so, don't waste your time and money on a legal separation action and then later pay for a divorce action. Question 2: Is the 3 year old the biological child of your husband? If so, he has a duty to pay child support which can be handled through the Department of Child Support Services in your county. If the child you are carrying is also your husband's biological child, he will be required to pay child support for that child as well. When you visit Dept of Child Support Services (DCSS) be sure to tell them you are expecting another child. Child support is based primarily on two things: percentage of time spent with each parent and the relative incomes or ability to earn a living of each party. Question 3: On a five and a half year marriage you should be able to get some temporary spousal support especially since you are now pregnant. You will be expected, however, to make good faith efforts to become self supporting and will probably not receive long term spousal support.... Read More