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Lee Alan Thompson
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Lee Thompson’s Answers

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  • Can I move out of state after husband filed for divorce?

    Husband filed for divorce. Didnt like ruling in his county pulled request refiled in my county. I now wish to move out of state to start a new life but divorce is not complete.

    Lee’s Answer

    You can do so at your peril. If there are children involved, not likely if you plan to take them with you. But understand this, if the case is properly in your county now and you move, you'll have to defend it from the state you move to and this would be a burden to you.

    Why not get an attorney if you don't already have one and see if the case can somehow be settled before making a move. There really isn't enough information to determine the ramifications of a move now but an attorney could evaluate it with more, detailed information.

    Best to you,
    Lee

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  • How do I have wife's attorney removed due to Conflict of interest in divorce case?

    Her attorney contacted me for the first time today. Come to find out during our previous divorce care 3 years ago, which we worked out, he had a consultation with me. He claims he has no record. He is also my sisters current divorce attorney. ...

    Lee’s Answer

    Hope it's not me.

    The law and rules on conflicts of interest are difficult to determine sometimes. A consultation in and of itself won't always do it. Point out to the attorney why you believe there is a conflict of interest or have your attorney do it. It doesn't mean there is one but until you let the attorney know, he or she can't make an evaluation.

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  • Do all of my Dissolution forms, requiring a signature, need to be notarized?

    I live outside of Cincinnati, OH. I am filing for a Dissolution. My husband and I have no real estate, stocks, bonds, retirement, etc. Our children are all over 18. We've already separated and divided everything. We are just no longer compatible a...

    Lee’s Answer

    You may be able to pull this off without using a notary. Some attorneys require separation agreements be notarized but I think that's a throwback to an early time but it's still not a bad idea if it has to be used for something else. That doesn't sound to be the case for you. Finding a notary is easy enough. The court would have a notary hanging around, any car dealership, banks, etc. Most notaries do not charge but even if they do you could get everything notarized for next to nothing. If you're using the court forms, I guess I'd do it.

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  • Can I file an injunction against my ex without using an atty. He didn't comply with the div of marital property and is contempt

    I recently obtained a divorce and when I went to pick up marital property he tried to give me substitutions of items that was discussed in the divorce and most was broken crap. I can"t afford an attorney and was wondering if I could file an injunc...

    Lee’s Answer

    All I can do here is agree with Ms. King. You may have trouble finding an attorney that would be willing to do it for the attorney fee award instead of a retainer upfront, but check around. And yes, as stated, you can file on your own.

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  • If my ex threatens to sue because I havent refinanced in 3 years which was stated on the divorce decree what are my options

    I just finished school and trying to get a better job so that I will be approve to refinance but my ex doesnt seem to care. My name is not on the mortgage but I've been making payments. The the home is not worth the market value because the ex r...

    Lee’s Answer

    If you were aware of the order and didn't contest it, or agreed to it, my guess is you'll have a hard time defending a contempt filed against you. If nothing else, you should at least try to refinance and if you get turned down, keep track of the places you tried. I defended a contempt like this and the guy tried but couldn't do it. He was not found in contempt because he tried a three or four times and was turned down. Talk to an attorney.

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  • I am seeking to vacate the divorce decree because I was notified by the court that my divorce hearing changed.

    I was not notified by the court as to hearing change. Therefore I missed my court date and could defend myself as the division of property.

    Lee’s Answer

    You may have a couple options here. Both in this kind of case would require getting an attorney. If the case just ended you may have grounds for a new trial. More likely I'm going to guess, you would be filing what is known as a 60(B) motion to vacate. If you received a notice of the change of date from the court, it should be part of the court record. Showing that and giving that as the reason could do it for you. Another option, again depending on timing, would be an appeal to the court of appeals.

    None of these are easy to do on your own and you should immediately consult an attorney.

    Best to you,
    Lee

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  • How to file a divorce when my wife was caught cheating

    I just found out my wife of 2 yr an 7 months had been cheating on me with many men an have evidence of her talking sexual an saying that she was single when she was living with me in the same house

    Lee’s Answer

    It's a matter of filing a complaint for divorce and getting her served. Based upon the duration of the marriage, there should not be much what would be considered marital property to divide. Another possibility is a dissolution by agreement. A local domestic attorney can handle this for you, either way you do it.

    I know it's difficult for you personally to have the trust of marriage violated. That's understandable. Please understand though, the court will not treat her infidelity in a harsh manner unless it resulted in an economic loss to the marital assets that you can demonstrate. I'm dding this part to be honest with you,

    Best to you,
    Lee

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  • I need a divorce where do I start?

    In need of divorce without children. Husband is currently in county jail serving only 6 mos for domestic violence he is due out Sept 24. I desperately need a divorce now and have had no luck finding answers on even where to start

    Lee’s Answer

    Get a complaint for divorce filed and have him served personally in jail. You may want to consider a civil protection order since he will be getting out. The civil protection can be good for five years. If you cannot afford an attorney, you should be able to get forms for both at your local domestic relations court. If not, you can google Ohio Supreme Court domestic forms and get the forms you need there for the divorce.

    Best to you,
    Lee

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  • Can I get married right after I file for a divorce?

    My wife is in prison and I want to file for a divorce and get married right after I file is that possible?

    Lee’s Answer

    Well, I can understand your desire to do so but no, it would be bigamy. You have to complete the divorce first. File the complaint and so personal service. It's very easy to serve someone in prison. After waiting the requisite period of time, a final hearing can be asked, do the final hearing, and get a final divorce decree filed with the court. Then you can get married legally.

    Best to you,
    Lee

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  • Ohio divorce granted; Ex refuses to sign the quitclaim deed

    Divorce was granted in Ohio in May 2016. A quitclaim deed was ordered for property wit no mortgage remaining. My ex refuses to sign it. I am planning on filing Contempt papers. What are the potential outcomes of the Contempt charges? Can he be for...

    Lee’s Answer

    You can file the contempt, which is the easiest way to do it but you have get him back here somehow. If he doesn't show, a bench warrant will be issued. Ultimately he can be put in jail if he continues to refuse to sign it. Try that and if it doesn't work, get a real estate attorney to handle it differently. By the way, if the wording is correct and the description was attached to the final entry, or the description is in it, you should be able to file it as your deed. I do this routinely now.

    Best to you,
    Lee

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