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Attorney & Mediator
Attorney & Mediator, Lawyer
Category: Family Law
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Experience:  Attorney & Certified Mediator
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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: 9 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 9 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.



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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 and 3 other Family Law Specialists are ready to help you
Customer: replied 9 years ago.
Thank you for your time
Expert:  Attorney & Mediator replied 9 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.