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Legalease
Legalease, Lawyer
Category: Family Law
Satisfied Customers: 16288
Experience:  13 years experience, divorce & custody issues, protective orders, child abuse issues
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I need help with a divorce question. I was married in Georgia

Customer Question

I need help with a divorce question. I was married in Georgia - have moved to Ohio but am currently also living in Maryland due to husbands job. He moves around with his work and therefore told me I did not need to work as we were like gypsies. So for the last 2 years I have relied on his income and health insurance. Now we are splitting and I need to know a few things.
1. What state should I get an attorney in and file for divorce
2. Since I have not worked per our agreement can I have him pay for my health insurance and some support till I get on my feet?
Thanks for your reply
Submitted: 1 year ago.
Category: Family Law
Expert:  Legalease replied 1 year ago.
Hello there --
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I apologize for the delay in answering your question -- at this time of day there are only a few of us online.
Turning to your question, first regarding where you can file for divorce : that is in the state where you have your current primary residence because the court in that state has jurisdiction over the divorce and all matters related to the divorce and settlement for the divorce. In order to determine which state is your domicile state the court would look to things such as where you are registered to vote, where you hold your driver's license -- any thing that is official in nature and points to ohio as your "home" state. If you are actually in the process of changing these things over to Maryland then you might want to wait the additional time until all of your official documents are transferred over to Maryland (the family court in any new state will not have jurisdiction over the case until you have lived in their state for at least 6 months or longer). Finally, on that point, the state where you were married is not considered for filing at all unless you were also living there and met the residency requirements right up to the court filing date.
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Turning to your second question, if he requested that you do not work then you can easily get the health insurance benefit from him in the divorce because the court will require the spouse who has been carrying it to continue carrying it. Regarding support-- that question generally turns on the number of years that you were married (the larger that number, the better for you), the income of the parties, the education of the parties, the health of the parties and really anything else that the court wants to look at, including your agreement with him. Under these circumstances there will most likely be an award of what is called Rehabilitative Alimony -- which is spousal support for a short period of time after the divorce to give you a chance to get back in the work force (education and training). TYpically this type of support will be for 2-5 years at the discretion of the judge unless the two of you can agree on this point before that matter.
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Please let me know if you have any further questions. If not, can you please press a positive rating underneath this ANSWER box so I will be paid for my time assisting you this evening/ morning ? I am paid NOTHING unless you press a positive rating below (we do not receive paychecks) -- pressing a positive rating will not cost you any additional money (it simply acts as the trigger to Just Answer to pay me for my time assisting you today). THANK YOU VERY MUCH !!!
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MARY
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Customer: replied 1 year ago.
Is there any credence in the fact that I have had to call the police twice for domestic violence? I will have expenses to move all my furniture to wherever I am going to go to...Is it correct that an asset that was brought into the marriage would still be mine in the divorce? Also it seems from your first message that I should be filing in Ohio - are you familiar with their laws?
Customer: replied 1 year ago.
also there are no children involved with this divorce
Expert:  Legalease replied 1 year ago.
Hello again --
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I am familiar with Ohio laws -- they are generally similar from state to state. And yes, if you have been living in Ohio then you should file for divorce there. The fact that you have no children does not make a difference in a case where you are seeking spousal support (they are two different things). Any asset that you brought into the marriage which you have not co-mingled (put his name on) will remain yours in a divorce. Finally, the domestic violence issues will play a part in the amount of the settlement or judgment that you get -- because Ohio is a no fault divorce state, you cannot plead any fault of either party in the actual divorce filing -- but the court takes wrongdoing into consideration when making a settlement or issuing a judgment.
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I hope that helps. Please let me know if you have more questions. If not, can you please press a positive rating below so I can get credit for my time.
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MARY
Customer: replied 1 year ago.
We bought a car and it is paid for since we were married - so if I understand your response before I am due half of that....and I had a car which was paid for when we married that is only in my name so that should be mine regardless I assumeHe was on my phone account and I shut him down - I assume Im allowed to do that
Expert:  Legalease replied 1 year ago.
Hello again --
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Yes, if he wants to keep the car that is in both names then he would or will have to pay you your equity in the car before you will sign it over to him and YES, the car that was in your name at the date you married him and is still in your name is ***** ***** keep and do with as you please. Finally, yes you were permitted to shut down his phone if it was on your bill and you were paying for it (you have no obligations to pay any of his bills) and you can shut him off any other accounts that he may have his name on as well.
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MARY
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Customer: replied 1 year ago.
Last question I promise - he is saying he is going to shut off the insurance on the car I have - should I just get other insurance - can he do that?
Expert:  Legalease replied 1 year ago.
Hello again --
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IF THE insurance is separate from you and your car, then he has every right to cancel out such insurance and you will have to get your own. He is jumping the gun a bit, so to speak, but he will be permitted to stop paying a bill that is not his bill. You should get your own insurance and simply tell him to cancel his payments / policy at this point. It will be ordered anyway and this way you are finished with it quickly.
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If you have no further questions, can you please press a positive rating under this ANSWER box so I will be paid for my time assisting you today? I am paid nothing unless you press a positive rating before leaving the website, so I DO appreciate it. Pressing a positive rating under this ANSWER box will NOT cost you any additional money -- it simply acts as the trigger to Just ANswer to pay me for my time. THANK YOU VERY MUCH !
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MARY
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