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Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 31561
Experience:  JD, BBA Over 25 years legal and business experience.
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i live in ohio i want to apply for divorce. I believe i would

Customer Question

i live in ohio i want to apply for divorce. I believe i would file for a no falt, besides some strong name calling from the daughters mother to the entire family, im not sure if that constitutes for mental child abuse. the daughter is (17)yrs. the daughter wants to live with me and will be 18 in 6 months so child custody is not an issue. But my biggest question is i have to be able to get the ball rolling and file but i need to know is their any way i can do this and still live in the house. it is a two story house and besides cooking up stairs im pretty much set down stairs. To have to move out would just cost way too much cause i suppose that im still responsible for the bills and her agreeing to pay would not b an option. I need to know how to do this and still stay home. she wants divorce also but is getting cold feet cause she claims how she would be able to support her self. She works full time and makes about 26,000 and i make about 42,000 although shes got about 30 to 40 thousand in her own personal acccount.
Submitted: 9 months ago.
Category: Legal
Expert:  Tina replied 9 months ago.

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

You wish to know whether you can file a petition for a no fault divorce even though you are living under the same roof?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 9 months ago.

It doesnt really matter what i apply for.I need to be able to apply for what ever can keep me from having to be seperated and out of the house for all the reasons i stated. The daughter is 18 in 6 months and wants to live with me. but the cost of me moving out and paying for everything is too much

Expert:  Tina replied 9 months ago.
I see. Thank you for clarifying that for me, John.

A no fault divorce would typically require that you are separated from your spouse for at least a year and not cohabitate, so it could be difficult to obtain a no-fault divorce if your spouse contested your allegation that you have met that criteria.

Cohabitation depends on the facts of each case and has not been defined in the statestatutes, but the courts have typically found that "cohabitation" depends on the facts in each particular case. Ordinarily, isolated acts of sexual intercourse, unaccompanied by other aspects of living together, would not constitute cohabitation.

To obtain a fault based divorce, it is not necessary to show that you have been separated for any length of time typically, but you would have to allege that your spouse has engaged in extreme cruelty, adultry, or one of the other fault-based grounds listed on the following page:

http://www.divorcesource.com/ds/ohio/grounds-for-divorce-in-ohio-915.shtml

It is possible to show that you have not cohabitated even when living under the same roof if you do not have sexual intercourse, or do not live together as husband and wife.

I hope this helps clarify the situation for you. My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions. Kindly rate my service when I have answered your questions so I will be compensated for my time assisting you. Thank you!

Tina

Customer: replied 9 months ago.

im slightly confused you said it is possible to live under same roof if you dont live together as husband and wife, but if under the same roof how can that not be concedered husband and wife . And is there any thing else i can file under

Expert:  Tina replied 9 months ago.
Hello again, John.

Whether your particular circumstances would be considered cohabitation would typically depend on the facts of your situation, but it is possible to live under the same roof and not be considered cohabitating.

If you wish to avoid having to prove that you were not cohabitating, then you would typically need to allege one of the fault grounds as I indicated above, like adultery, extreme cruelty or one of the other grounds set out in the following link:

http://www.divorcesource.com/ds/ohio/grounds-for-divorce-in-ohio-915.shtml

I hope this helps clarify the situation for you. My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions. Kindly rate my service when I have answered your questions so I will be compensated for my time assisting you. Thank you!

Tina

Customer: replied 9 months ago.

let me try to wrap this up by asking .The wife has a major temper . my boy who has slight autism is 20yrs and my girl is 17 but when she gets mad she to her face calls her fat amoung other names and the boy she calls retarted. Icould get the kids to testify to this and theire was adultry several times by her a few years ago by her but how would i prove it. And finally what about disolution if i by some miracle get her to agree then can ifile right away

Expert:  Tina replied 9 months ago.

Hello again, John.

If you got her to agree to a divorce, then you and her would typically need to choose the grounds to pursue the case. If she does not contest that you have been separated for at least a year, then you could seek a no-fault divorce.

Adultery several years ago would not normally be enough to provide fault grounds to pursue a divorce now since you appear to have reconciled after the adultery occurred, but it sounds as though you could allege extreme cruelty, especially if she has turned her anger on your recently.

I hope this helps clarify the situation for you. My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions. Kindly rate my service when I have answered your questions so I will be compensated for my time assisting you. Thank you!

Tina

Tina, Lawyer
Category: Legal
Satisfied Customers: 31561
Experience: JD, BBA Over 25 years legal and business experience.
Tina and 17 other Legal Specialists are ready to help you
Expert:  Tina replied 9 months ago.

Thank you very much for your positive rating of my service. It has been my pleasure to assist you and I hope you will ask for me should a future legal need arise.

If you receive a Customer Satisfaction Survey from JustAnswer, please consider scoring me a 9 or 10. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

Thanks again and all the best to you.

Tina

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