Can I apply for alimony a year after divorce even from a different state?

Asked 11 months ago - Columbus, OH

Hi

I was married for seven years and was fully dependent on my ex husband. I never worked or went to school (he did not want me to) now we are divorced and I am struggling badly with no real work or educational background. I looked on my divorce papers and it doesn't say its denied. I would like to know if I can still apply for alimony and how would I do it? I would also like to know when I apply, can I apply from a different state? I was divorced in California and currently reside in Ohio. How much are legal fees and how long does this process take?

Thank You - Anonymous

Attorney answers (4)

  1. David Jay Sternberg

    Contributor Level 14

    1

    Lawyer agrees

    Answered . If your divorce was awarded in California, you need to talk to a California divorce attorney. Ohio courts have no jurisdiction to grant you anything. Under Ohio law unless the Court reserved jurisdiction on the issue of spousal support, the Court could not consider the issue once the final decree was entered.

    Attorney Sternberg is admitted to the practice of law only in the State of Ohio. His answering of this question... more
  2. Dean George Tsourakis

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . no. the divorce did not contain an alimony award. If you had reserved by only getting one dollar a year you could modify it upward. You cannot seek it now.

  3. Lee Alan Thompson

    Contributor Level 20

    Answered . My thought is California is where you do this. The question I can't answer, though an attorney reviewing the papers could, is whether jurisdiction was properly reserved to allow you in.

  4. Joseph Henry Sparacino

    Pro

    Contributor Level 13

    Answered . You could run into a peculiar situation if you pursue maintenance in Ohio on your California Judgment; the Ohio Court may be compelled to apply California Law on your claim. How long ago was your Judgment? The longer ago it is; the harder it will be to seek the support. Also, does your ex-husband still live in California? If he does, he will be able to object to your enrolling the "Foreign Judgment" in Ohio and could win. California and Ohio Law may be needed to see what they both say about claims that are not specifically granted or denied. As to legal fees and duration; those are issues which should be discussed at a private telephone consultation. These details should not be broadcast over the Internet.

    This is a general answer and does not address the specifics of your individual case. To give the specific answer... more

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Alimony

Alimony is the regular monetary allowance one ex-spouse may be required to pay the other after a divorce.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

23,759 answers this week

2,598 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

23,759 answers this week

2,598 attorneys answering