How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Attorney & Mediator Your Own Ques...

Attorney & Mediator
Attorney & Mediator, Lawyer
Category: Family Law
Satisfied Customers: 20012
Experience:  Attorney & Certified Mediator
1723468
Type Your Family Law Question Here...
Attorney & Mediator is online now
A new question is answered every 9 seconds

I have been married for 30 years. Husband is self employed.

Customer Question

I have been married for 30 years. Husband is self employed. He has a history of addiction,ie alcohol,gambling(although no real proof, signs are there) What is my first step. How do I go about all this filing ect. but at the same time stop him from hiding monies? I cannot afford at this time to move ourt of our home, just starting my own business and am not even bringing home a paycheck yet. I don''t really even care to be here. I guess all I really want to know are my rights and what the law says I am entitled to. thanks Laura
Submitted: 6 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 6 years ago.
Thank you for your question.

1) For divorce purposes your separation of nine years ago is irrelevant unless this was a legal separation (granted through the courts), so for a discussion of rights, the entire 30 years of marriage are relevant.

2) Protection of assets. When you file for divorce, the parties are restrained from moving their assets around in order to avoid a proper distribution of the courts. Along with your petition for divorce, both parties are required to provide financial statements to account for all the separate and marital property that was accumulated during the marriage. Right now both parties are entitled to access their accounts, so right now there is nothing you can do to stop him from moving them around. My suggestion would be to collect copies of all assets, so that you can present this as evidence to the court if he were ever to deny them. So before you make your announcement of an impending divorce you need to make copies of all assets, accounts, debt records, business records, and even deed records, as it has been known where documents have been destroyed to cheat the other spouse of their interest.

3) Property/debts. In Ohio all property acquired during the marriage is subject to equitable distribution (what is fair and equitable under the circumstances). Debts mostly incurred my one spouse are their responsibility unless it can be shown that the debts where obtained for the benefit of the marriage. In addition contributions towards a spouse's separate property is subject to reimbursement. For the marital assets distribution is based on the particular circumstances of your marriage and needs, it is not an automatic 50/50 split.

4) Spousal support. Spousal support is awarded based on evidence presented showing financial need. Given that you have just started your own business, and may not have the financial resources to be able to live without hardship, the court has the discretion to award spousal support. The length of marriage is typically used as a guide in deciding whether the support should be temporary or permanent. In general long term marriages can result in a permanent support, but again this would depend on the needs that you can show to the court.

5) Resources. You can read the factors the judge will consider in a distribution of property and spousal support as well as requirements for a divorce in Ohio here.

Divorce packets are usually contained in the county clerk's office where divorces are handled. The following website here provides a check list for the divorce filing, but this is for Butler County, so check with your county court clerk for a local check list if they have any. But this should give you an idea on how to proceed.



Don't forget to click Accept for my time and research, thank you.

Please accept my answer for the work I have provided you and to close this window. Thank you for using Just Answer.

Legal Disclaimer: The information given by me is for informational/research/educational use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are advised to speak with the appropriate legal counsel for accurate information. Thank you.

Attorney & Mediator, Lawyer
Category: Family Law
Satisfied Customers: 20012
Experience: Attorney & Certified Mediator
Attorney & Mediator and 10 other Family Law Specialists are ready to help you
Customer: replied 6 years ago.
Thank you for your time
Expert:  Attorney & Mediator replied 6 years ago.
Glad to be of help. Thank you for your accept and your question. All the best to you.


Legal Disclaimer: The information given by me is for informational/research/educational use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are advised to speak with the appropriate legal counsel for accurate information. Thank you.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
< Last | Next >
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney and Counselor at Law

    Satisfied Customers:

    6424
    27+ years legal experience. I remain current in Family Law through regular continuing education.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    6336
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    5987
    I provide family and divorce law advice to my clients in my firm.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    5773
    JD, 15 years legal experience including family law
  • http://ww2.justanswer.com/uploads/BrianTMayer/2010-01-06_200119_BM.jpg Brandon M.'s Avatar

    Brandon M.

    Family Law Attorney

    Satisfied Customers:

    3810
    Attorney experienced in all aspects of family law
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2634
    Attorney