Sam R. Bradley's Answers

Uncontested

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...

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If a spouse leaves and takes what they want when they leave can they come back months later and take things even if the house is

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...

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Grounds for Annulment and what time period to work with?

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...

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What is the definition of legal separation?

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...

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Can a judge deny a guardian ad litem?

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...

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Can a judge rule who is to claim a dependent for tax exemptions?

Under Ohio Revised Code Section 3119.82 when a court addresses child support it must also determine whether the non-custodil parent may claim the minor child as a dependant. That statute provides the following: " 3119.82. Designation of parent entitled to claim federal income tax deduction" " Whenever a court issues, or whenever it modifies, reviews, or otherwise reconsiders a court child support order, it shall designate which parent may claim the children who are the subject of the...

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My aunt passed away about a month ago. I was left some money. Now getting divorced. What is my husband entitled to?

Generally under Ohio law, your Husband would not be entitled to any money that you recieve from your inheritance. However, if your aunt left the money to you and your Husband, he would have a claim to it. If your Husband can show the court that you wasted marital funds, he may be able to persuade the court to award him a distributive award, which the judge can order be paid from your separate funds (which would/could include your inheritace money). It is best to discuss this issue with an...

How long does it take from the time you tell atty that you want to file for divorce to have it show up in ct's public records?

The time between telling the lawyer that you want a divorce to the time it shows up on the public record depends on a number of factors: did you pay the attorney?, did you pay the court costs to file?, is the clerks office efficient and able to process the information quikly?, etc. You should talk with your attoney for the specific time period - it is assumned that he/she would be very familiar with the Lucas County Clerk's office and can tell you with more specificity the time period that you...

I left my home 18 months ago and left some of my personal property there. My name is on the deed along with my husbands.

Initially, the general rule in Ohio is that neither spouse may be excluded from the marital home. However, the Ohio Supreme Court has ruled that a spouse that abandons their home may be excluded and must resort to the divorce court to obtain permission to reenter the home. Sometimes, local law enforcement officers will assist a person in your situation to reenter the home to retrieve their belongings. However, the law enforcement officer is merely thereto maintain the peace and cannot force...

I have been divorced for 10 yrs in Ohio. Out of the blue my wages are being garnished for a 1996 return signed by both of us.

If your divorce decree addressed who would pay the income tax liability and it was your former spouse, you may be able to pursue a contempt action against him/her. However, if the 1996 income tax liability was not addressed by the court, you may be able to request that the court divide the unaddressed 1996 income tax liability. For a better reply, you should consult with an attorney and allow that attorney to read your divorce decree. After the attorney reads the decree, you may recieve an...