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FiveStarLaw
FiveStarLaw, Lawyer
Category: Family Law
Satisfied Customers: 36551
Experience:  25 years of experience helping people like you.
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I want to get a divorce from my Husband.We got Married in the

Customer Question

I want to get a divorce from my Husband.We got Married in the Dominican Republic and both now reside in the United States.I live in Cleveland and he lives in New Jersey.We have been separated for over a year.He does not want a divorce.Is it possible for me to get one given the circumstances?
Submitted: 1 year ago.
Category: Family Law
Expert:  FiveStarLaw replied 1 year ago.
*This chat is not intended as legal advice. It is general information that may or may not apply to your situation and should not be relied upon.*

Welcome,

My name is XXXXX XXXXX I will do whatever I can to answer your questions!

Yes it is possible to obtain a divorce. You can file for divorce in Ohio based upon your residency in Ohio. It is not necessary that you and your husband reside in the same state nor that he consent to the divorce.

Ohio law permits a divorce to be granted by the court when the parties have lived separate and apart without cohabitation for one year or more or based upon incompatibility.

I would be glad to respond to any related follow-up questions that you may have.

FiveStarLaw, Lawyer
Category: Family Law
Satisfied Customers: 36551
Experience: 25 years of experience helping people like you.
FiveStarLaw and 8 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.


What about the fact that we were not married in the states?

Expert:  FiveStarLaw replied 1 year ago.

Hi Jaclynn,

My answer stands regardless of the fact that you were not married in the States. The state the you reside in has jurisdiction regardless of where the marriage took place.

I would be glad to respond to any related follow-up questions that you may have.
Customer: replied 1 year ago.


Will I need any documents? We also have children, 7 and 9 who are with me 10 months of the year. Would this pose a problem?

Expert:  FiveStarLaw replied 1 year ago.
Hi Jaclynn,

You will need to provide the Court with evidence that you reside in Ohio. Since the children are in Ohio more than 6 months of the year this should not pose any problem
Customer: replied 1 year ago.


What about Marriage license from Dominican Republic?

Expert:  FiveStarLaw replied 1 year ago.
Typically the marriage license is not required. You can check with the clerk of the court's office in the county where you reside to see if there is a local rule requiring a copy of the license or marriage certificate.
Customer: replied 1 year ago.


How do I go about filing?


 

Expert:  FiveStarLaw replied 1 year ago.

JAs per site policy you are required to start a new page for a new question. That said, a divorce is commenced by filing a petition for dissolution with the clerk of the court's office.

If you would like to sign up for the subscription plan, there is no charge for additional questions.

If you start your question with "For FiveStarLaw" the question will be directed to me
Customer: replied 1 year ago.


I moved to the states 6 years ago from the Dominican Republic, I have not gone for my naturalization interview which means I am not a 100% citizen yet. But, I am legal to work and live here.Would this pose a problem to an attempt to divorce?

Expert:  FiveStarLaw replied 1 year ago.

It would not pose a problem for your divorce. However you would need to speak to an immigration attorney to determine whether it would have any effect on your status

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