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I got married in April 2012 in Indiana and have since relocated to Ohio in July 2012. We both agreed to go our separate ways and ready for a divorce. It is a peaceful no contest divorce. We have no kids. How soon can we get the divorce and move on.
For you to get your divorce in Ohio you must have been a resident of the State of Ohio for at least six months immediately before filing the complaint for divorce and must file it in a county where you have been a resident for at least ninety days at the time you file your complaint.
If you and your spouse never lived together in Ohio while you were married, then the court would only have jurisdiction to grant you a divorce, but not have jurisdiction to divide property or issued support orders. Please call me at 216-432-2323 if you have any questions.
Good luck.See question
In the matter of claiming a dependent after a divorce, when the paperwork states a party will claim the dependent on even numbered years, does that mean file in 2012 and claim in 2011 or file in 2013 for the previous year?
The order could have been more clearly drafted. It would be clearer, if it stated that you could claim the dependent in even numbered "tax" years.
As it is now drafted it simply states you can claim the dependent in even numbered years. I would interprete this to mean that you could claim the dependent on your 2012 tax returns and other even numbered tax years, not on your 2011 tax returns which is an odd year. In any event, I would discuss this with your former spouse to make certain they are interpreting this the same way you are.
Good luck.See question
we bought a 2007 Chevy cobalt and a Chevy malibu in 2008. she kept the Malibu and i got the cobalt in the divorce agreement. both our names with hers first were on the cobalt. i live in ohio now and she in illinois. may 2011, i sent her a power of...
My understanding of your situation is that your divorce decree required you to make the payments on the Cobalt and hold your former wife harmless concerning that obligation. When you voluntarily turned the car in, that left an unpaid balance owed on the car loan. What is unclear is what state you and you wife were divorced in and what state the the Cobalt was titled in. Did it have Illinois license plates and you moved to Ohio and you could not get Ohio license plates? Or did it have Ohio license plates?
Your defense if you have any, is that your former wife failed to comply with the decree by signing the the title of the car over to you. However, even if your former wife signed the power of attorney I do not believe theTitle Bureau would have changed the ownership of the vehicle into your name only, if there was an outstanding lien on the title concerning the car loan. I believe you would have had to get the the lender to sign a release to allow your former wife to transfer her ownship of the vehicle into just your name while it was still encumbered by the loan. I know of no lender that will do this.
In any event it does not appear that voluntarily turning the car in to the lender made much sense in this situation. If your former wife's inaction prevented you from having the car titled in your name only, you should have filed a motion to show cause against her before resorting to turning the car in.
Good luck.See question
I want to submit a marriage profile to the courts so that the support magistrate will have an idea of the lifestyle we had during our marriage.(Ex: where we lived, vacation homes, whaere we dined and shopped etc.)
When you appear for the temporary support hearing you should ask the Magistrate if you can have ten days to provide the court with additional documents and information that you believe would be relevant to temporary support. Most Magistrates will allow this and will issue an order giving each side additional time to submit documents and information concerning temporary support.
If this occurs, prepare a document captioned with your case name and number which you will call Plaintiff or Defendant's Temporary Support Affidvit and Additional Documents. In your Affidavit describe your life style during your marriage and attach documents relevant to showning this. File this document with the Clerk of Court and serve a copy on your spouse or his counsel if he is represented. Have a service provision in the document stating how and when you served the other side.
The purpose of temporary support is, if possible, to maintain the parties finacial status quo they had during their marriage while their divorce case is pending. You should say in your affidavit that you need the sum of money indicated in your Motion for Temporary Support each month to maintain the financial status quo.
Since you apparently had a good lifestyle during your marriage, I suggest you find the funds during this case to retain a divorce attorney. If you do that, I believe it wil increase your likelyhood of having a better outsome in your case.
Good luck.See question
attorney fees. How would I retain a attorney? I have reached out to legal aid and Was told there was nothing they could do at the time. I dont want to be stuck being married and being miserable.
You need to contact the Legal Aid Society in the county you reside in to determine if you are eligible for one of their attorneys to represent you for free to obtain your divorce. If Legal Aid Society cannot represent you, sometime they can referr you to a local attorney who can do the case pro bono or for a reduced fee. If that does not work, call the Bar Association in the county you reside in and ask them if they can refer you to a domestic relations attorney who might take the case for a reduced fee due to your financial circumstances.
Whatever you do, you need to see an attorney who you can explain all your financial circumstances to. That attorney should be able to advise you what kind of spousal support from your husband is realistic and how best to proceed.
Good luck.See question
What should one pay attention to when making a choice to retain? What "red or yellow flags" should one be aware of? Thanks in advance
The five questions I would ask are:
1. Do you try to return client's phone calls on the same day they call?.
2. Once you know the issues and facts, do you actively work to settle divorce cases within a reasonable time to try to avoid, if possible, lengthy court proceedings?
3. What percentage of your cases involve domestic relations cases and do you primarily practice in the divorce court my case would be heard in?
4. How many years of practice do you have in which you have primarily done domestic relations cases and do you have the time to handle my case.
5. What sort of reputation do you believe you have in the legal community as a domestic relations attorney?
Red flags to watch out for are if the attorney appears to be to be too busy or rushed to handle your case. Watch out for attorneys who boast they are the best or can always get you the best results.
Being referred by someone who has used an attorney in the past is a good way to learn whether that client was satisfied with that attorney's work. Since a large number of people have unfortuately ended up in divorce court, you might ask around about what experiences they have had with divorce attorneys and who they would recommend. Also, you should always check on the web whether the attonrey has had any disciplinary action against them in the past.
Good luck in your lawyer seach.See question
My husband& I separated 3 years ago, not legally separated. He lives in West Virginia & I have lived in Ohio for the last 3 years. We married in Ohio and lived in West Virginia for over half of our marriage. I am not sure what I can do in this ...
Assuming your minor children reside with you in Ohio, you could do a Dissolution of Marriage in Ohio. The dissolution is usually quicker and less expensive than a contested divorce action.
To do the dissolution, you would need to among other things enter into a separtion agreement with your husband that provides for property division, parenting matters and support.
I strongly suggest you retain a domestic relations attorney to represent you in this matter. Even if you and your husband now agree on everything, you need to know your legal rights before you enter into a separation agreement, so the agreement you reach is fair. You also need to make certain the documents needed for a dissolution of marriage are properly prepared and you follow the correct procedure for ending your marriage. Hiring an attorney will help make that happen.See question
me and my boyfriend got in a fight he punched the wall. he did no harm to me, the cops were called and they arrested him when the cops had me write a statment i clearly wrote that he did not harm me. the cop said i had to sign a restraining order,...
You need to personally meet with the prosecutor assigned to your case to explain what happened and that you want the protection order dismissed. However, do not expect this to occur that easily. As the alleged victim you will be given the name of a victim advocate who you should also contact and hopefully enlist as someone who has explained to you your rights and can advise the prosecutor you still wish the protection order disissed as it is not appropriate or necessary.See question
I only want the belongings that I brought into the marriage. There is NO joint property. I did not work during the marriage. He claims I can have all of my stuff, without dispute. He changed the locks and I am not on the house title. All I want i...
You need to consult with an attorney who can get all the pertinent information concerning your situation to give you advise. A number of attorney will meet with you for a free consultation. You should do this.
You might be entitled to more than just your personal property in this situation. Please contact me if you wish to discuss this matter.See question
will I be able to keep my house
Without more information it is impossilbe to answer your question. Please contact me so we can dissuss your situation and I can give your an answer.See question