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LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 9977
Experience:  Experienced Family Law Attorney
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My daughter and her husband of 12 years have a 5 month old

Customer Question

My daughter and her husband of 12 years have a 5 month old baby girl. Now she finds out that her husband is the father of a baby girl in Milwaukee. This is the 2nd major situation with his unfaithfulness in their marriage. She is through with him. He is currently in Milwaukee with the other women in the hospital. This women was 4 months pregnant when our granddaughter was born. What legal steps can my daughter begin with to end this decitful husband?
Submitted: 1 year ago.
Category: Family Law
Expert:  LegalGems replied 1 year ago.

I am very sorry to hear this; a few minutes please as I get you this information.

Expert:  LegalGems replied 1 year ago.

A spouse may file a complaint for divorce in the domestic relations division of the local common pleas court or, if there is no domestic relations division, in the general division of the common pleas court. This varies by district.

The grounds for divorce are as follows:

  • adultery;
  • gross neglect of duty (e.g., failure to support);
  • bigamy;
  • willful absence from the marital home for a continuous one-year period preceding the filing of the divorce case;
  • extreme cruelty;
  • fraudulent contract (fraudulent misrepresentations or promises made before marriage);
  • habitual drunkenness;
  • imprisonment of the other spouse;
  • the parties have for one year, without interruption, lived separate and apart without cohabitation (no-fault divorce grounds); or
  • incompatibility of the husband and wife, if alleged by one spouse in the divorce complaint and not denied by the other spouse ( no-fault divorce).

When the petition is filed the court may order, upon request, temporary orders. These generally address the following issues: alimony, child support, custody and visitation, temporary property orders (ie use of family home). More information is located here:

Per statute 3105.18 the court will consider the following factors in awarding spousal support:

(a) The income of the parties, from all sources, including, but not limited to, income derived from property divided, disbursed, or distributed under section 3105.171 of the Revised Code;

(b) The relative earning abilities of the parties;

(c) The ages and the physical, mental, and emotional conditions of the parties;

(d) The retirement benefits of the parties;

(e) The duration of the marriage;

(f) The extent to which it would be inappropriate for a party, because that party will be custodian of a minor child of the marriage, to seek employment outside the home;

(g) The standard of living of the parties established during the marriage;

(h) The relative extent of education of the parties;

(i) The relative assets and liabilities of the parties, including but not limited to any court-ordered payments by the parties;

(j) The contribution of each party to the education, training, or earning ability of the other party, including, but not limited to, any party's contribution to the acquisition of a professional degree of the other party;

(k) The time and expense necessary for the spouse who is seeking spousal support to acquire education, training, or job experience so that the spouse will be qualified to obtain appropriate employment, provided the education, training, or job experience, and employment is, in fact, sought;

(l) The tax consequences, for each party, of an award of spousal support;

(m) The lost income production capacity of either party that resulted from that party's marital responsibilities;

(n) Any other factor that the court expressly finds to be relevant and equitable.

Expert:  LegalGems replied 1 year ago.

Information on child support here:

Please note that the court does not award child support retroactive to the date of the filing of the request; so most parents will try to file as soon as possible once they are certain they would like to proceed with the divorce.

Please let me know if you would like me to locate the form for initiating the process.

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