xyz987
New
Reged: 07/13/07
Posts: 2
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First, I would like to say how comforted I felt when I found this forum. I'm hoping it will help get me through some rough times.
I would like to file for a divorce. We have been seperated for over 8 months. So this brings me to my first question. Do we have to file for a legal seperation? We have both in seperate states since I came back to ohio. I have also just bought a new car-even though we havent been together can he still legally take it? Or attempt to? Without the legal seperation papers?
Second-does anyone know a good, decent lawyer that won't suck the $$ out of me? I have a low paying job and now with a car payment I can't afford a $200 per hour just for a consultation...I have considered legal aid-even called there twice-so rude to me-but will they fight for me the same as an expensive lawyer? He has already told me he plans on fighting with me. Just out of spite.
Since he is out of state in NC and I file, will he have to come here?
I have many more questions but will start with those first.
Thanks in advance to those who attempt to help me.
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theanswerguy
Platinum
Reged: 04/12/07
Posts: 2388
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[quote]First, I would like to say how comforted I felt when I found this forum. I'm hoping it will help get me through some rough times.
>>>>>>>>>>Welcome .
I would like to file for a divorce. We have been seperated for over 8 months. So this brings me to my first question. Do we have to file for a legal seperation? We have both in seperate states since I came back to ohio. I have also just bought a new car-even though we havent been together can he still legally take it? Or attempt to? Without the legal seperation papers?
>>>>>>>>>No , you can file for legal separation if you like but it is not a requirement for divorce . There are 2 other options , dissolution which is an agreement between the parties to end the marriage and divorce . The car is marital property and he would be due an equitable share of the value as you would likewise share in any of the property he's managed to obtain .
Second-does anyone know a good, decent lawyer that won't suck the $$ out of me? I have a low paying job and now with a car payment I can't afford a $200 per hour just for a consultation...I have considered legal aid-even called there twice-so rude to me-but will they fight for me the same as an expensive lawyer? He has already told me he plans on fighting with me. Just out of spite.
Since he is out of state in NC and I file, will he have to come here?
>>>>>>>>>>> Sorry , I don't know any lawyers in Ohio , legal aid is a possibility but sometimes they will not initiate divorce proceedings . If you file for the divorce ( you can if you've lived there for at least 6 months ) in Ohio he will have to answer your petition ,but not necessarily in person . What is there to fight over , kids , property ?
Thanks in advance to those who attempt to help me. [/quote]
>>>>>>>>>>>> You're welcome .
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Never let your sense of morals get in the way of doing what's right. Isaac Asimov
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xyz987
New
Reged: 07/13/07
Posts: 2
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Thanks for your response.
Thankfully, there were no children involved. Just 2 dogs that he abused as well as myself. He says he will fight to get one of the dogs. I've considered filing for abuse but have no proof if they ask. Not sure how it works. There are people that will vouch for me but I never called the police or anything because he was/is so threatening.
There is nothing that he has that I want. That I will fight him for. I just want out.
He just wants to kick my ass in divorce court.
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theanswerguy
Platinum
Reged: 04/12/07
Posts: 2388
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He might be a little more agreeable when he finds out how expensive it is to fight a property settlement when he lives out of state . To save yourself some money you may want to try a simplified dissolution , send him the paperwork with your offer and hope he has just a little common sense and agrees to it . If he doesn't , file for divorce and ask for spousal support and that he be required to pay your legal fees .
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Never let your sense of morals get in the way of doing what's right. Isaac Asimov
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Idontcareanymore
New
Reged: 08/13/07
Posts: 21
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An order of separation allows you to not be responsible for any debt he incurs as of that date. Dissolution allows you to end the marriage b/c you both agree on all terms. The attorney will file the order for dissolution. If the two of you can't agree, and hire your own attorneys, then you are going for a divorce rather than dissolution. I am only telling you what I've read, you will have to learn the laws in your state.
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