Sam R. Bradley’s Answers

You need to consult with an attorney immediately. A divorce action is a lawsuit. When you were serve the papers for divorce, there should have been a summons. The summons would have instructed you to file an answer within 28 days after you received the complaint for divorce. By failing to file an answer, the court scheduled your case for a "final hearing on the merits" which is commonly known as an uncontested divorce hearing. By talking with an attorney, and hiring that attorney, he or she...

You need to consult with an attorney and have the attorney send your former Husband a demand ofr payment of all expenses that you paid for your child that exceed $100 per year. Good record keeping on your part is vital. If after the demand for payment is ignored, your attorney can file a Motion to Show Cause (contempt action) against your ex-husband. the court will hear evidence why your ex should not be held in contempt of court. If his defense is not persuasive, the court should order him...

You should consult with your attorney. He/she can advise you whether it was appropriate for your Husband's attorney to give him these materials. In all likelihood, it was appropriate.

Generally, the minimum support order is $50.00 per month. The mother of your children will probably argue that you are voluntarily underemployed and going to grad school to avoid the payment of support. Depending on the world view of the court, the court may consider that your children come first - work and attend grad school on a part-time basis. The best thing you can do is consult with an attorney that regularly practices family law in your county and find out his/her opinion about your...

In Ohio, any person that can show an interest in the best interests of a child has a right to request a visitation order. However, before the court can issue such an order, the court would need to consider the factors set forth in the visitation statute. As a part of that statute, the court must consider the wishes of the parents regarding the grandparents and visitation. Thus, the grandparents do not have an automatic right to visitation. For a better understanding of your rights as a...

No. Ohio is an equitable distribution state. The court must determine what property was acquired during the marriage and segregate it from non-marital property. Once the court finishes that task, the court must equitably divide it between the parties. The court must start at an equal division. After making an even division, the court must make a determination as to whether the division is fair. If not, the court may order a disproporitonate share between the spouses.

There is an Ohio statute that states that neither spouse may be excluded from the marital residence unless there is a court order excluding that spouse from the home. However, the Ohio Supreme Court has ruled in criminal cases that if the spouse as left the home for a significant period and re-enter the home, it could constitute a breaking and entering (at least for criminal enhancement purposes). I would encourage you to consult with an attorney in the county that you reside and find out the...

The grounds for an annulment are as follws: A marriage may be annulled for any of the following causes existing at the time of the marriage: (A) That the party in whose behalf it is sought to have the marriage annulled was under the age at which persons may be joined in marriage as established by section 3101.01 of the Revised Code, unless after attaining such age such party cohabited with the other as husband or wife; (B) That the former husband or wife of either party was living and...

A Legal Separation, under Ohio Law, is an action for support and if requested the court may divide the property that the parties' own. It has been my experience that if one party files an action for Legal Separation, the other party will counterclaim for Divorce. Keep in mind, an action for Legal Separation is a lawsuit. One party sues the other. In some instances, each party may wish to remain married and enter into an agreed Legal Separation decree. In this way, the parties remain...

Your request for GAL should have been in writing. If so, did you schedule a hearing date with the court? Under Ohio law, the court must grant the request when it is made by a parent involved in a custody proceeding. Are you the child's parent? if not, the court may not be obligated to grant your request. Lastly, in some counties, there are local rues that require the posting of a bond to cover the fees the GAL will likely charge. Did you pay the bond? If you are represented by an...