More details to this question:
My daughter was married in 2004 and her husband enlisted in the Navy (California). She moved briefly to California (1yr) he was shipped out for a year on his first furlow and she suffered a family loss in Ohio. She moved with their son (2) back to Ohio while he was out to sea, she lived with me (mother). Upon his return, he came home to Ohio on his visit home, he told her he had gotten a fellow navy personnel pregnant. He then went back to California and another furlow out to sea. My daughter has been trying to get a divorce from him for well over 8 years, he has not complied. Recently he was released from the Navy (Court Marshalled/dishonorably discharged). He has been back home for over 6 months. Is there a way for her to file for uncontested divorce? While home on leave once they did file for child support and she was receiving it while he was in the Navy, she hasn't received child support for a back arrearage check in August 7th, he is working but working under the table and not claiming to be working. He rarely see's his son or calls. Is there any way she can file for this divorce to finally end this nightmare? She has another child with another man and is about to have another child with this man she has been with for 6 years. He has two children with the other women in California.
2 ANSWERS
Family Law Attorney serving Independence, OH
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Abel & Zocolo Co., LPA
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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.
Answered on Nov 22nd, 2013 at 6:17 PM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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Yes she can get a divorce. It sounds like he is in Ohio, and that would make things easier. But regardless of where he is, she can file for divorce. As to whether it would be uncontested, that would be up to her husband. When a divorce is filed, all parties must be aware of the lawsuit by service of a copy of it. He may chose to contest the divorce or at least the terms. But if the child support is set and the assets and debts divided, he may elect to go along in the form of a dissolution. That would be less expensive, friendlier and faster than a divorce, but would still effectively end the marriage. Have your daughter consult with a lawyer with experience in domestic relations issues.
Answered on Nov 19th, 2013 at 8:33 PM