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In Ohio after being served notice of divorce papers what restrictions

 
Amber E.'s Avatar
  • Answered by:Amber E.
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Customer Question

In Ohio after being served notice of divorce papers what restrictions are there as far as the two spouses speaking, having sex etc.?

 

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State/Country relating to question: Ohio

Already Tried:
Spouse has received notice of divorce but still wants to talk and have sex

Submitted: 284 days and 20 hours ago.
Category: Family Law
Value: $48
Status: CLOSED
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Expert:  Amber E. replied 284 days and 20 hours ago.

The short answer is - no, unless there is a court order prohibiting contact (such as a restraining order), there is generally no prohibition or restriction that would prohibit spouses from communicating, having sex, or engaging in any acts of Reconciliation.

As a matter of fact the declared policy of the law is to encourage a reconciliation, not to hinder or discourage it.

That being said, reconciliation (and Cohabitation especially) can render the divorce paperwork void and unenforceable. The party who would seek to void it would need to seek a declaration from the court and this can be achieved by proving a resumption of the marital relationship between the parties.

Customer replied 284 days and 20 hours ago.

Because my spouse left the home there is a restraining order to keep them from coming back into the home to get property but what if we met off property to talk or have sex?

Accepted Answer

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Expert:  Amber E. replied 284 days and 20 hours ago.

So long as the restraining order itself does not prohibit communication, the spouses can communicate. They can engage in whatever communication or sexual relations they want. The restraining order only applies to what is specifically within it, nothing else.Amber E.41090.7037033565

Expert TypeFamily Law Attorney
Category: Family Law
Pos. Feedback: 98.6 %
Accepts: 587
Answered: 6/30/2012

Experience: Experienced practitioner in family law, including divorce, custody, and domestic violence cases.

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