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

Columbus, OH |
Filed under: Divorce Alimony


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


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 you need our firm needs you to come in for a consultation.

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My judgement was in March of 2012 and yes he does live in California. I will call Monday morning to set up a consultation Thanks for your response


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.

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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.

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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 does not constitute an attorney client relationship, nor can his answer be relied on since the question does not permit Attorney Sternberg to seek additional information necessary to render an legal opinion.

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