Ohio Divorce Legal Questions

If your ex is a co-borrower, demand the credit card company close the account, and inform them you will no longer be responsible for charges made on that account. Of course, the credit card company in turn may demand payment in full of the account. If your ex was only a person you granted permission to use the account, then inform the credit card company that permission to use the card is revoked. And this still may not settle the issue. Best bet: pay it off and close it. Then you can enjoy the satisfaction in your mind of your ex going to charge something and being informed the account is closed.... Read More

You can file a motion to show cause (contempt) for her violation of the court order.   Simon W. Johnson   swj@swjlawoffice.com Law Office of Simon W. Johnson Martindale, Avvo, Justia,L awGuru LinkedIn, Twitter, Facebook Serving Cleveland and Ohio, 44124 ... Read More

You can file for divorce in the county where you reside.  In Ohio, you need to be a resident of Ohio for 6 months and the county for 90 days prior to filing.  But that is the only requirement to file.  Getting married in Japan has no bearing on where you can file for divorce.   Simon W. Johnson   swj@swjlawoffice.com Law Office of Simon W. Johnson Martindale, Avvo, Justia,L awGuru LinkedIn, Twitter, Facebook Serving Cleveland and Ohio, 44124 ... Read More

You can file for divorce in the county where you reside.  Your husband living in Ghana has no bearing on you being able to file here.  You will have to try to get service on him there if you know where he lives.  Otherwise, you need to perfect service by publication.  If you want to talk further please contact me.   Simon W. Johnson  (440) 477-6075 swj@swjlawoffice.com Law Office of Simon W. Johnson Martindale, Avvo, Justia,L awGuru LinkedIn, Twitter, Facebook Serving Cleveland and Ohio, 44124 ... Read More

The cost of a dissolution depends on the attorney you hire.  Some may do them for a flat fee.  Others do them on an hourly fee basis.  I personally do dissolutions on an hourly fee basis.  The cost can approximately range from $1000 to $2000 depending on how many meetings/discussions need to be had between you and your spouse to resolve all pending issues (property division, allocation of parental rights, etc.).  If the two of you can agree to everything quickly and there are not a lot of issues, then drafting the documents will take less time.  The opposite is true if an agreement cannot be struck quickly or if there are more complicated property division or parental rights issues.  Please feel free to contact me to discuss further.   Simon W. Johnson (440) 477-6075 swj@swjlawoffice.com Law Office of Simon W. Johnson Martindale, Avvo, Justia,L awGuru LinkedIn, Twitter, Facebook Serving Cleveland and Ohio, 44124 ... Read More

Ohio no longer recognizes Common Law Marriage.  If you began your common law marriage on or before October 10, 1991 you may need to get a divorce.  If you began the common law marriage after that date you do not need to nor can you get a divorce. Susan Weaver 216 373-2555     ... Read More

You can file (as the plaintiff) for divorce in the state of Ohio if you have been a resident for 6 months (physically).  Your mailing address should be of little consequence.  You will just need to prove 6 continuous months of OH residency if the issue is raised.  There are good family law attorneys in the Toledo area who can provide you with more information.... Read More

You will absolutely need to consult with an attorney on the matter.  Whether or not you are entitled to any of your ex's pension is a question that a family law attorney or someone with plenty of domestic relations experience could answer quickly.  If you do seek consultation, you will need to have a copy of your decree, and all possible information about the pension.  Pensions are one of the most technical areas of family law and should not be handled by just any general practice attorney.  If you are entitled, then you can most likely ascertain the approximate amount and determine whether or not it would be financially beneficial to proceed with an action.... Read More

Absolutely!  The better family law attorneys should be fine handling financials even when a business is part of the marital property.  In extreme cases when a larger corporation or several complex holdings are involved, it may be advisable to retain separate attorneys. The problem sometimes becomes getting good attorneys willing to co-counsel.  The better ones will be used to flying solo and would need to see a need themselves for assistance on the financials.... Read More

The landlord was not a party to your divorce and does not have to honor the decree. If your wife is a defendant to the lawsuit also, you file a cross-claim against her stating that, pursuant to the divorce decree, she is liable for any money you have to pay the landlord. If she is not a defendant in the lawsuit, you have to bring her into it. You can also file a contempt motion in the domestic relations court against her. You need to contact an attorney where the suit was filed to represent you.... Read More

Normally, an attorney must make a motion to withdraw.  Call your lawyer and ask him why he withdrew seems to be the obvious first bit of advice. Ask him or whomever screens his calls for a complete copy of your file and any unearned money along with an invoice. These items must given to you upon your request. Generally an attorney can withdraw for any reason unless it prejudices the client. Whether the client will be prejudiced is usually determined by the court when it decides to grant the motion to withdraw. Most of the time attorney's withdraw because they are not being paid on time or because the client is not taking their advice or has become unreasonably difficult. You should attempt to get another attorney to review your case and see if you have the possibility of reopening your matter.... Read More

You can get a divorce where you do not know the location of your husband.  Our legal system requires "serving notice on"-that is, informing your spouse that you want a divorce. But if you don't know your spouse's whereabouts, what can you do? There is something called Divorce by Publication. This is how it works. The law requires, first, that a "diligent effort" be made to "search" for your spouse in the "jurisdiction" where that person was last known to live. Your lawyer does this by contacting various agencies - the post office, the board of elections, the different branches of the military, the motor vehicles department-and asking whether they know of the person's current, or last place of residence. Searches also include telephone directories and the Internet. If a person is found with your spouse's name, an investigation must he done to determine whether that person is actually your spouse. If these efforts result in finding your spouse, notice of your divorce action can be served. But if the search fails to locate anyone, your lawyer can apply to the court for an Order of Publication. The application lists all the search efforts so that the court sees that a "diligent effort" was made to find the missing spouse. When an Order of Publication is signed by a judge, your lawyer can then publish a legal notice in a newspaper stating that yon are bringing a divorce action against your spouse. This is the legal equivalent of "serving notice" with a "summons." If your husband does not answer the summons, you would then be entitled to obtain a divorce on default.  You should check with an attorney in your area for the specific Court requirements in your state. Alfred Polizzotto, III, Esq.... Read More

Maybe. If his is the only name on the second, he does not have to refinance. If the court only ordered him the refinance the first, he does not have to refinance the second. I suggest you take a copy of your divorce decree back to your domestic relations attorney and ask what your options would be.... Read More

It all depends on what is at stake (how much money he has), how certain you are as to your father's competency, how certain you are that your father still wants the divorce, and how long he will likely live. Your father IF incompetent can have his assets managed by a conservator or a guardian under the auspices of the probate court. This will not be inexpensive to do and risks alienating your father. Obtaining a guardianship or a conservatorship also will take some time several months to a year. There are so many things that can influence any advice I might give on this. Does your father have his assets in a trust? Does he have a will/ Do you know where the will is and what it says? Does your father live in a state permitting your step mother to take a share of the estate regardless of the will? You need to sit down with an elder law or estate planning attorney soon to discuss these issues.... Read More