QUESTION
Can uncontested divorce pre trial date be set before perfection of service?
Asked on Dec 02nd, 2013 on Divorce - Ohio
More details to this question:
My husband resides in Ohio, I reside in Arizona. His lawyer emailed me the petition for divorce with a wavier of service form (along with a settlement agreement and other paperwork). I declined to sign the waiver of service as I have concerns about the settlement agreement. I was served via certified mail and signed for it two days ago, thereby completing perfection of service. However, a couple of weeks before I was served, I received a notice of hearing for "pre trial/uncontested divorce" set for a date in December that is less than the 28 days. I understand I am allocated to answer the petition. Research appears to dictate that a pre trial hearing date cannot be set until service has been perfected, but as the particular county does not have its rules of procedure available online, I am not entirely sure if that is the case - is this based per county or by state law? It is absolutely not possible for me to be in Ohio on such short notice due to both financial and health issues. Which, if permitted to ask more than one question (and I understand if I am limited to a response to only one question!), leads to another issue. Ohio state law clearly states that if one spouse provides the other with health insurance, the providing spouse is not allowed to remove the other from their health insurance while the divorce is in process. However, my spouse sent me a message stating he would be removing me from his insurance during open enrollment, and as a result, I will no longer have health insurance come January 1st. His open enrollment period ended the day service was perfected, so it seems pretty clear he has violated the law, but I am unsure how to proceed - who am I supposed to notify and by what means. I have multiple serious health conditions pre dating our marriage (and for what it's worth, he offered to marry me as a friend in order to provide me with health insurance - unfortunately it became clear he had ulterior motives), and as I can not afford health insurance.
2 ANSWERS
Family Law Attorney serving Independence, OH
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Abel & Zocolo Co., LPA
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In Ohio a divorce cannot be granted until such time that service has been perfected. The rules also provided that you have 28 days to file a response following date of service. Accordingly, the court cannot lawfully grant a divorce until at least 28 days following service. You should hire an attorney to file a response or to ask for an extension of time. Also, you are correct regarding medical insurance. Once a divorce action has been filed, a spouse cannot lawfully drop the other from medical insurance coverage and the court has the power to compel the offending spouse to reimburse you for the cost of substitute coverage or for medical bills incurred.
Answered on Dec 05th, 2013 at 9:54 PM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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This one is easy you need a lawyer in Ohio. A lawyer in Ohio can usually represent you at pre-trial hearings, saving you the airfare. A lawyer would also know how to deal with your removal from health insurance before it lapses and you have a real problem. A lawyer would also know the benefit of a counter claim, and whether you need one. Sometimes do-it-yourself law works. This is not one of those times. You need a lawyer in Ohio and you need one pronto.
Answered on Dec 05th, 2013 at 9:35 PM