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Christopher Aaron Schmitt

Christopher Schmitt’s Answers

5 total

  • How can a judge order me not to work a specific legal profession or lose custody of my children?

    Christopher’s Answer

    A domestic relations court may find both parnts unfit at which time the case would be certified to the juvenile court. You certainly need to speak with local, experienced counsel about this possibility ASAP.

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  • Will he be able to claim him every year now or will it cause an issue since she has claimed him every other year?

    Christopher’s Answer

    So long as the original Order that you describe has not been changed by the Court, it would appear that your Husband would be entitled to claim his son under these circumstances. However, to be sure, I would recommend that you contact a local Family Law attorney and schedule a consultation to review your Husband's Order. Given the history, your Husband may also wish to consider putting his ex-wife on notice of his intent to claim their son as a dependent. This may help avoid both parents claiming the child and running into issues later with the IRS and the State of Ohio.

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  • Spouse wants 4 pets in divorce, leaving me 2.

    Christopher’s Answer

    As already mentioned, most Courts treat your pets simply as personal property. These Court simply place a value of the pets like any other asset. Whoever retains the pets simply pays 1/2 of the value to the other party. However, this approach isn't taken by all Courts. The most interesting way that I have had a Court recently deal with this issue was a Court that allowed both parties to submit sealed bids to the Court for the pets. Whoever bid the most received the pets and had to pay the other party 1/2 of the value that they had bid. I thought that this was an interesting approach. Unfortunately, this approach does not place the appropriate value on pets for those parties that consider the pet like a child. While I certainly understand their value to our clients, as always, it is important for the client to clearly understand the legal fees associated with litigating a pet custody case.

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  • Can (and should) temporary orders be modified in my pending divorce case?

    Christopher’s Answer

    Our Courts here in Wayne County will require that you show some change in circumstances since the original temporary order was put in place. Without having more information, it is difficult to advise you as to whether you have such a change. Generally speaking, if your desire is to remove him from the home during the divorce process, the local practice in Wayne County is that a party will not be forced to relocate from the marital residence absent actual domestic violence or a risk of domestic violence. However, the Court may be open to reviewing the allocation of monthly expenses given that he has returned.

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  • I want an annulment, the civil court has forms for divorce and separations but not an annulment packet

    Christopher’s Answer

    An Annulment is available in very limited circumstances in Ohio.

    According to the Ohio Revised Code, 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 the marriage with such former husband or wife was then and still is in force;
    (C) That either party has been adjudicated to be mentally incompetent, unless such party after being restored to competency cohabited with the other as husband or wife;
    (D) That the consent of either party was obtained by fraud, unless such party afterwards, with full knowledge of the facts constituting the fraud, cohabited with the other as husband or wife;
    (E) That the consent to the marriage of either party was obtained by force, unless such party afterwards cohabited with the other as husband or wife;
    (F) That the marriage between the parties was never consummated although otherwise valid.

    As such, unless you can establish one of these causes, you are limited to terminating your marriage by way of a Divorce or Dissolution.

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