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My husband and I have been separated since July. He is in…

Customer Question
My husband and I...

My husband and I have been separated since July. He is in one state and I am in a neither. We live in Texas that was my residents but we separated in July I have be living in Ohio where I am from and my husband is from. We have been married 7yrs I am disabled and can not work I was like this when we were married. I receive 1059.00 a month thru disablity and he gives me around 2000.00 a month. What I am asking is can I got a legal separation and more spousal support so I would be able to live here in Ohio and not with my parents

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

He is in Texas

Lawyer's Assistant: Have you talked to a lawyer yet?

No Well down ther I have

Submitted: 4 months ago.Category: Family Law
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Answered in 1 minute by:
12/8/2017
Family Lawyer: LegalGems, Lawyer replied 4 months ago
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 12,570
Experience: Experienced Family Law Attorney
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Family Lawyer: LegalGems, Lawyer replied 4 months ago

I am sorry to hear you are having to deal with this.

Yes, OH does grant legal separations; for information on this process please see here

In order for OH to have jurisdiction one spouse must reside in a particular county for 90 days; please see:

http://codes.ohio.gov/orc/3105

The court may consider many factors in awarding spousal support including the following statutory factors per code 3105.18:

(a) The income of the parties, from all sources, including, but not limited to, income derived from property divided, disbursed, or distributed under section3105.171 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.

(2) In determining whether spousal support is reasonable and in determining the amount and terms of payment of spousal support, each party shall be considered to have contributed equally to the production of marital income.

The idea is to allow both spouses to live at the standard achieved during marriage.

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Customer reply replied 4 months ago
Thank you this will help
Family Lawyer: LegalGems, Lawyer replied 4 months ago

Glad to be of assistance;

good luck to you during this transitionary period. Glad your parents are there for support.

Take care.

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