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 8
Do you have any Ohio Divorce questions page 8 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

Will I lose my right to ownership of the house if we sell? Do I still have a right to be allowed to stay in the house?

Answered 13 years and 3 months ago by Frances Ann Headley (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Divorce
The state of the title is only one of the factors that the court will look at when determining how the house should be divided. You should consult a family law attorney to review all of the facts and advise you how to best protect you rights to the house, including occupancy.
The state of the title is only one of the factors that the court will look at when determining how the house should be divided. You should consult a... Read More

My dad bought a house for me and my husband while we were married. Can my husband claim half of it if we get a divorce?

Answered 13 years and 3 months ago by Mr. Cathy Rose Cook (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
If your father gifted the house to you only, it's separate, but if he gifted it to both of you, it's marital. If you have been paying a mortgage on the house during marriage, the equity built from that is marital.
If your father gifted the house to you only, it's separate, but if he gifted it to both of you, it's marital. If you have been paying a mortgage on... Read More

Can the custodial parent say that she can move within 100 miles from the non-custodial parent into a legal separation agreement or divorce agreement?

Answered 13 years and 4 months ago by Jon Laurence Rathjen (Unclaimed Profile)   |   9 Answers   |  Legal Topics: Divorce
The issue would be enforceability, since it is the child's rights that are involved. Generally I would expect such a provision to include a requirement of advance notice to the other parent to allow him/her to contest the move based on possible detriment to the child.
The issue would be enforceability, since it is the child's rights that are involved. Generally I would expect such a provision to include a... Read More

Is a private legal decision mandate private personal responsibility?

Answered 13 years and 4 months ago by Mr. Robert Jason De Groot (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Divorce
There must be some context within which this question is asked. Unfortunately it is not given.
There must be some context within which this question is asked. Unfortunately it is not given.

Can I file for an annulment since I have only been married 2 months, or will I need to file for dissolution with children in Ohio?

Answered 13 years and 4 months ago by Mr. Cathy Rose Cook (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
You go to the domestic relations court to get forms. You can only get an annulment if the marriage was never consummated or if your spouse defrauded you to get you to marry him. A dissolution means you both agree. A divorce is where you file and see if he will agree later or try the case to the court.... Read More
You go to the domestic relations court to get forms. You can only get an annulment if the marriage was never consummated or if your spouse defrauded... Read More

If my wife sold me a car and I had the bill of sale from her to me. Can she take it back in a divorce?

Answered 13 years and 5 months ago by James Forrest Lentz (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Divorce
The car will be part of marital property. Who ends up with the car will depend upon the negotiations on the marital property. Please talk with a family law attorney soon. You will need to discuss what other "purchase" transactions have taken place during your marriage.
The car will be part of marital property. Who ends up with the car will depend upon the negotiations on the marital property. Please talk with a... Read More

If my wife sold me a car and I had the bill of sale from her to me. Can she take it back in a divorce?

Answered 13 years and 5 months ago by Mr. Cathy Rose Cook (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Divorce
The car is marital property. If you and your wife were living together when the payments were made, all equity is marital. If you were living apart, you may be able to argue that the equity built from the payments you made is solely yours. You need to consult a local attorney on this and any other issues in your divorce.... Read More
The car is marital property. If you and your wife were living together when the payments were made, all equity is marital. If you were living... Read More

How long after you receive Dissolution papers do you have to respond to them in the state of Ohio?

Answered 13 years and 5 months ago by Mr. Cathy Rose Cook (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
I'm not sure what you received. You said dissolution papers. For a dissolution to be filed with the court, both parties have to sign a separation agreement and petition for dissolution of marriage. If you husband has had dissolution papers sent to you, then they must have come from a lawyer, not the court. If your husband served you with divorce papers, then you must respond to the court. If he asked for any temporary orders, you have 14 days to respond. If he did not, you have 28 days to respond. You need to consult a local attorney to help you with this.... Read More
I'm not sure what you received. You said dissolution papers. For a dissolution to be filed with the court, both parties have to sign a separation... Read More

My husband abandoned us after fathering a child with his mistress and I don't know his whereabouts for 5 years can I file?

Answered 13 years and 5 months ago by Mr. Cathy Rose Cook (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Divorce
You can file for divorce and serve him by publication. You can purchase a home, and he will not have an interest in it, as you are both physically and financially separate.
You can file for divorce and serve him by publication. You can purchase a home, and he will not have an interest in it, as you are both physically... Read More

Am I entitled to half of the retirement of my husband?

Answered 13 years and 5 months ago by Mr. Cathy Rose Cook (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
You are entitled to half of the retirement earned during the marriage.
You are entitled to half of the retirement earned during the marriage.

How do I know if my divorce is final?

Answered 13 years and 6 months ago by James Forrest Lentz (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
You may be able to go to the court website and find the information in the docket. You should order a copy of the final decree from the court sooner or later you will likely need it. If the court does not have a docket or you cannot understand the legal terms, please contact an Illinois lawyer who can look into this for you.... Read More
You may be able to go to the court website and find the information in the docket. You should order a copy of the final decree from the court ... Read More

Can my husband file a legal separation to get me out of the house?

Answered 13 years and 6 months ago by Mr. Cathy Rose Cook (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Just filing won't get you out. He has to file for exclusive use of the house and get the court to order it. In a 33 year marriage, your two incomes should be equalized.
Just filing won't get you out. He has to file for exclusive use of the house and get the court to order it. In a 33 year marriage, your two incomes... Read More

Is my friend's wife entitled to his 401k after divorcing a 12 year marriage if they own no property, no kids, etc?

Answered 13 years and 6 months ago by Mr. Cathy Rose Cook (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Yes, she is entitled to one-half of the portion of the 401k earned during marriage.
Yes, she is entitled to one-half of the portion of the 401k earned during marriage.

What are my options if my ex-husband is not removing my name on a property after the divorce when he was ordered by the court to do so?

Answered 13 years and 6 months ago by Mr. Cathy Rose Cook (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
If the deadline for him to refinance was in the decree, you can file a motion for contempt for him failing to do so. However, if he was turned down for a loan, there may be nothing you can do, unless the decree provides that he has to sell it if he cannot refinance.
If the deadline for him to refinance was in the decree, you can file a motion for contempt for him failing to do so. However, if he was turned down... Read More

Can I get a divorce in Ohio if my wife is pregnant?

Answered 13 years and 6 months ago by Mr. Cathy Rose Cook (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
No, you will have to wait until the child is born.
No, you will have to wait until the child is born.

Can I get my car back that was given to my ex in dissolution if he did not refinance it as he was suppose to?

Answered 13 years and 6 months ago by Mr. Cathy Rose Cook (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
What you can do is completely governed by your decree. There should be consequences for him failing to refinance as required, such as he has to sell the car or return it to you. If not, your only recourse is to file contempt against him for not following the decree.
What you can do is completely governed by your decree. There should be consequences for him failing to refinance as required, such as he has to sell... Read More

Can they file bankruptcy on the house before it is paid off if ordered in divorce court to pay the payment on a mortgage?

Answered 13 years and 6 months ago by Mr. Cathy Rose Cook (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
It depends on whether the payment on the mortgage is in the nature of support. This requires consultation with a bankruptcy lawyer.
It depends on whether the payment on the mortgage is in the nature of support. This requires consultation with a bankruptcy lawyer.

What are my rights if my husband is kicking me out and wants a divorce?

Answered 13 years and 6 months ago by Melvin G. Franke (Unclaimed Profile)   |   14 Answers   |  Legal Topics: Divorce
Call legal aid.
Call legal aid.

Can wife divorce new husband if never disclosed criminal record prior to the marriage?

Answered 13 years and 6 months ago by Mr. John E. Kirchner (Unclaimed Profile)   |   25 Answers   |  Legal Topics: Divorce
In Colorado one spouse only has to assert that the marriage is "irretrievably broken" and the other spouse cannot block the divorce. That is little more than saying "I don't want to be married anymore", so his criminal history is irrelevant. There may be some differences in other states, but generally the existence or non existence of a criminal record is irrelevant by itself - the deception or fraud might be grounds for divorce, but there are likely easier grounds in most states.... Read More
In Colorado one spouse only has to assert that the marriage is "irretrievably broken" and the other spouse cannot block the divorce. That is little... Read More

Who has the legal ownership of vehicle after divorce and death?

Answered 13 years and 7 months ago by Leonard A. Kaanta (Unclaimed Profile)   |   15 Answers   |  Legal Topics: Divorce
Her heirs get the car, but you sue the estate for you payments.
Her heirs get the car, but you sue the estate for you payments.

What should I do if I want to marry but I'm not divorced yet?

Answered 13 years and 7 months ago by Mr. Cathy Rose Cook (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Divorce
No, you cannot be legally married to someone else and get married in the US.
No, you cannot be legally married to someone else and get married in the US.

What should I do if I want to marry but I'm not divorced yet?

Answered 13 years and 7 months ago by James Forrest Lentz (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Divorce
To get a marriage license you must answer the question: "Are you presently married" You must answer yes, at which time your application for a marriage license will be denied.
To get a marriage license you must answer the question: "Are you presently married" You must answer yes, at which time your application for a... Read More

How do I file for dissolution by abandonment in Ohio?

Answered 13 years and 7 months ago by James Forrest Lentz (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Please contact a family law attorney to handle this task for you. Divorcing an individual who neither consents nor is present is an advanced project.
Please contact a family law attorney to handle this task for you. Divorcing an individual who neither consents nor is present is an advanced project.

how do i divorce someone thats been in prison ?

Answered 13 years and 7 months ago by Simon Wynn Johnson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
The process is the same for all divorces.  You file a complaint for divorce and have to have your spouse served at the prison address.  Because your spouse is in prison, he likely won't be able to defend the divorce although your spouse could theoretically hire an attorney if financially able to.  If your spouse does not answer the complaint, then the divorce will proceed as an uncontested divorce which will generally will be accomplished in a fairly short hearing in front of the judge.     Simon W. Johnson   swj@swjlawoffice.com Law Office of Simon W. Johnson Martindale, Avvo, Justia, LawGuru LinkedIn, Twitter, Facebook Serving Cleveland and Ohio, 44124 ... Read More
The process is the same for all divorces.  You file a complaint for divorce and have to have your spouse served at the prison address.... Read More

Am I still married if after 5.5 months there's still no official decree from either side

Answered 13 years and 7 months ago by James Forrest Lentz (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
You are married until a judgment issues from the court granting your petition or your spouse's petition for divorce.
You are married until a judgment issues from the court granting your petition or your spouse's petition for divorce.