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LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 7629
Experience:  Experienced Family Law Attorney
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My wife abanded home and has been gone years ,extramarital

Customer Question

my wife abanded home and has been gone for seven years ,extramarital affair failed now that kid is grown and moving on she thinks she can just move back into the home and disrupt my life we don,t get along and are still legally married and her name is ***** ***** mortgage don,t know if i have any choice in the matter?
Submitted: 12 months ago.
Category: Family Law
Expert:  LegalGems replied 12 months ago.

What state is this in regards to?

Customer: replied 12 months ago.
i live in mi. she resides in ohio
Expert:  LegalGems replied 12 months ago.

Thank you for that information.

So in order for a state to have jurisdiction over the marriage, all that is required is that the petitioner (the party filing for divorce) must be a resident for 6 months. When there are 2 possible states with jurisdiction, the party that files first will have their court be granted jurisdiction.

In Ohio, it is an equitable division state, so that if a party divorces, the court will fairly divide property acquired during the marriage, but prior to the date of separation (excluding gifts/inheritance).

Parties remain legally married until a decree of dissolution is entered. That requires filing a petition for divorce, to start the process.

In the meantime, the court can make temporary orders, such as giving one spouse exclusive use of the residence. In doing so, they will generally preserve the status quo-i.e. allow the spouse living in the residence to remain in the residence, exclusively, until there is a court ordered property division or agreement as to property division.

Some more information is located here, explaining the process:

https://www.ohiobar.org/ForPublic/Resources/LawYouCanUse/Pages/LawYouCanUse-642.aspx

http://www.ohiolegalservices.org/public/legal_problem/domestic-violence/termination-of-marriage-and-legal-separation-in-ohio/clastermination-of-marriage-1.pdf

and relevant statutes here:

http://codes.ohio.gov/orc/3105.171

Here is a link to locate an attorney:
http://apps.americanbar.org/legalservices/findlegalhelp/home.cfm

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