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Thaddeus Wexler’s Answers

26 total

  • If the spouse is caught in adultery, can the other spouse force them to move out?

    I was discovered with someone else. Can my spouse make me move out?

    Thaddeus’s Answer

    Ohio is a no-fault state. Adultery is a grounds for divorce, but does not play a role in who is awarded the house. Your spouse cannot make you move out for that reason.

    If and when the divorce proceedings get underway, something will need to be done with the house. Either one party retains it, or its sold.

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  • I am the defendant in a petition for divorce. I do not live in the county where the case is filed. I believe that the

    plaintiff currently resides with someone who in some capacity is employed by court or in their job may come in contact with the domestic relations court. I don't know if they know the judge or possibly any attorney that I would hire . any sugge...

    Thaddeus’s Answer

    • Selected as best answer

    I understand your concern. The first thing you should do is inquire with the prospective attorney's whether they know the plaintiff. Even if they do, it doesn't mean they won't do their job as a officer of the court. Attorney's are sworn and ethically obligated to represent your interests to the fullest. If they can't do that, then they should refrain from taking the case.

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  • In a dissolution and separation agreement

    i filed for a dissolution , my husband and i signed the separation agreement . We have no assets , no kids and i moved out 1 . 5 yrs ago . But he said that when the judge asks him if its fair , he's gig to say no because he doesn't want to p...

    Thaddeus’s Answer

    If you do convert it to a divorce, make sure you have a witness with you the day of the hearing, who can attest to the fact that you both have lived separate and apart for more than a year, or the marriage is incompatible.

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  • When agreeing on a separation agreement, does it really matter ? it depends on what the judge says, yes or no.

    i filed for divorce and the judge ordered me to pay my husband spousal support , which i dismissed the case . I'm filing again in a different county ( mind you i have no atty . , this was to be a cut and dry divorce , no assets , no kids ) ...

    Thaddeus’s Answer

    I agree with the other post on here, indicating a lack of clarity on what you are asking.

    Here is a question for you? Please tell me if I have this straight. It sounds like you filed a divorce on your own (pro-se). It sounds like the Judge granted some sort of temporary order, awarding your husband with support. Hence your ability to dismiss. Did he have counsel?

    Its not necessarily the case that the Judge "has" to grant your husband spousal support in a divorce. Often times it is communicating to the court through motions and oral testimony the proper information to make a decision. If he came into court representing one thing, and you did not or could not counter his representations, then the court is most likely going to be inclined to follow him and not you. If you say that you can't afford to pay him support, you need to either hire an attorney or learn how to effectively communicate your position to the court. You may very well be correct, but a little off on your approach.

    Judges/Magistrates have ethical obligations to act fair and follow the law. Yes they are human, and sometimes they make decisions that counter common sense, but most of the time decisions are made for proper reasons and most importantly based in part on a foundation made possible through the evidence before them.

    You have to also study up on your civil procedure, and make sure you can file your divorce properly. Otherwise, you will waste a filing fee. Make sure the court you file with has proper jurisdiction.

    Good luck!

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  • International student charged with 1st degree Misdemeanor - Fleeing police officer

    This is my first offense and it was an honest mistake. I was driving home at 3 am and didn't notice when the police car was behind me. Then when I saw it I hesitated to stop because it was really late and I never got pulled over before, so I wasn'...

    Thaddeus’s Answer

    Criminal charges can have a impact onyour immigration status and future/present employment. If this is your first offense, competent counsel can probably get a positive result accomplished for you. With that said, you may want to seek out counsel so as provide input as to the impact a criminal charge may have on your immigration status, in order to give your criminal defense attorney a understanding of what he/she is working with for mitigation (lessening the impact) purposes.

    So in your case, you should probably contact both a criminal defense attorney and a immigration attorney.

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  • If I file for a emergency custody hearing against mother What are my chances of bringing my son home?

    MotherhasaDWIaccident,andwaschargedwithChildendangermentinNovember,InaugustshewasgivenaticketforopenContainerwherethepolicewerecalledbecauseshewasatmyson'sfootballpracticestumblingarounddrunk.Thepolicefoundanemptybottleofwineandadiet-pepsibottleha...

    Thaddeus’s Answer

    If everything your saying is accurate, and there is nothing more, in my legal opinion there is not enough for temporary custody at this time. You would have had a better chance immediately following one of the events you mentioned, but its not months later.

    You probably should speak with a attorney about going after custody of the child, as opposed to temporary custody.

    There are many issues that the court would be possibly concerned about, and would give your case merit for argument.

    Speak with a attorney, to get further information. These types of arguments are usually best made through a attorney. The court will also probably appoint a Guardian Ad Litem (GAL) to invesigate on behalf of the child and advise. Attorney's are best prepared on how to hande matters with GAL'S, and a person should not attempt to go it alone (pro-se).

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  • If I moved out of Fl to Ohio with my 4 month old without the father's permission can I be forced to return him back to Fl?

    I currently am the primary caregiver for my 4 month old . I was living in the state of Fl and I had gotten laid off from my job in Fl . So I moved back to my home state of Ohio where I was offered a job and also I have more family support there ...

    Thaddeus’s Answer

    I tend to agree with the previous answer. I can give you this advice. From what you are saying, there aren't any rights that this gentleman has made through court. If this is the case, its easier to move to Ohio or another state. If you become a citizen of Ohio or another state, he will have to initiate paternity in Ohio instead of Florida.

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  • Spouse and I are sparated, living in different counties. Does it matter which county to file for dissolution?

    We agree on everything, If I am the one seeking can I file in the current county or do 8 need to file in his?

    Thaddeus’s Answer

    I don't think you will have a problem filing your dissolution in either county. There are 90 days residency requirements for filing. However, in reality it probably depends on the county. Some courts are more accomodating than others with allowing dissolutions without the residency requirement.

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  • What are the details of divorce?

    My spouse and I have been married a mere 7 months . We argue often , usually due to selfish decisions on his part . We have been together 4 years ( before marriage ) and did not have such issues before , I think counseling would do us well ....

    Thaddeus’s Answer

    I am sorry to hear about your difficulty with your marriage. If you can't live with him, yet don't want a divorce, you may want to get him to enter into a legal separation for a time being (if there are financial reasons such as insurance for you, this makes sense). A legal separation basically stops things where they are, so future debts made during this time will stick with the spouse who initiated it. Again, usually people do this in instances where there are concerns about keeping benefits only available unless through marriage, such as health insurance. It can be used as a legal time out.

    If your husband is insistent on a divorce, and hires a attorney to assist him, then there really isn't anything you can do to block it, but for some reason to get it dismissed, such as the divorce being filed in the wrong place. If a divorce is initiated and the complaintant doesn't drop it, then you can look forward to being divorced.

    Look up grounds for annulment in Ohio. There are but a few reasons you can get a annulment in Ohio. Most people don't qualify.

    As far as getting a attorney, you can try to do a divorce yourself. I know this is a lawyer marketing website, but I can safely say that a person who represents themself is usually a fool for a client. Courts try to be patient with people who represent themselves, however you will be held to the same standard as a attorney. The court is usually only willing to go so far, and usually can't. Try to get a lawyer, even if its through legal aid.

    Dissolution is usually a very affordable option, if both of you know what you want to do. Dissolution is usually something a person can do without a attorney. It simply requires that the husband and wife get together, and fill out the necessary paperwork. Then one of the parties files the paperwork with the filing fee.

    You can do a dissolution by yourself, of course. However, if a problem results from poor work, then the resulting issues usually do require the assistance of a lawyer and are usually much more expensive than doing it right to begin with.

    There are attorney's who offer affordable payment plans. However, usually a simple dissolution does not cost too much.

    This answer can be answered forever. Hope this helps, and good luck.

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  • We Both filed for Divorce in Different Counties in Ohio The same week, Whose the petitioner?

    We both filed within the same week in two different counties . ( Ash tabula & Lake ) . What indicates which will be the petitioner ? Date filed stamp with Judge signatures or who was served papers first or some other factor ?

    Thaddeus’s Answer

    Usually whichever person was served first, is the winner of the venue battle.

    Make sure you, or your attorney looks at whether your spouse meets the criteria for residency in the county they filed in. Has your spouse been a resident of the county they filed in for 90 days? If the answer is no, you can motion the court to dismiss.

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