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I would like to get a divorce form my spouse. Of course, he…

I would like to...

I would like to get a divorce form my spouse. Of course, he does not want this. I am in the middle of house buying though and am not sharing financial responsibility with my spouse on the home (Down payment, House payments). Should I stop looking for a home until after the divorce?

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

No. We currently do not have any children and have only been married a year

Lawyer's Assistant: Family law varies by state. What state are you in?

Ohio

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I want to know if I will have to pay alimony

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5/24/2018
FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 33,335
Experience: 10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

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Yes, it may be in your best interest to wait until the divorce is final, before buying a home. While he may not want this, he can not force you to remain married to him, so you can file and proceed. The issue with buying a house now, is that if marital assets are used or anything that he may be entitled to, it could create an issue. Under Ohio law, the court must consider 14 statutory factors when determining how much monthly spousal support, if any, will be awarded. In most cases, the two important factors are the length of the marriage and the income of each party. The goal of spousal support is to reach an equitable result. The court must consider whether spousal support is appropriate and reasonable.

http://codes.ohio.gov/orc/3105.18

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Customer reply replied 3 months ago
we have only been married for a year. Is this an issue?
Customer reply replied 3 months ago
We currently live with my mother since we sold our old home. I helped paid some of his bills off since this was a house I bought before we got married. Will this have an impact on money assets?

I think it is something that would not be favorable to him since it is a short-term marriage. So I think it may be hard for him to get alimony.

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Customer reply replied 3 months ago
If we can find some kind of middle ground, would it be better to just get a dissolution?

Yes, ideally it would be, since you agree on everything and can get this done, quickly and easily and it is not contested.

A dissolution of marriage process may eliminate much of the divorce process and expense. Unlike a divorce, fault grounds are not at issue. Dissolution is often thought of as no-fault divorce.

A dissolution petition is not filed with the court until the parties have reached an agreement on all the issues that must be addressed in a divorce matter. Designation of a residential parent, parental rights, visitation, child support, spousal support, division of property, payment of debts, and payment of attorney fees must be considered in either case.

While the parties are negotiating, there is no subpoena power available, so the parties must voluntarily trade information. Professionals can, however, be hired to evaluate property, etc.

When an agreement is reached and filed with the court, a hearing must take place within 30 to 90 days. Both parties must appear and testify that they are satisfied with the agreement; that they have made full disclosure of all assets and liabilities; that they have voluntarily signed the agreement; and that they both want the marriage dissolved. The court must also approve the parties' agreement.

Because there is no court involvement until an agreement is reached, all the temporary orders and possible hearings that might occur in a divorce case are avoided. The end result of both a divorce and a dissolution of marriage is the same: the marriage is terminated.

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Customer reply replied 3 months ago
This is helpful. Thank you very much

You are welcome. Please let me know if there is anything else, as I would be happy to respond. If not, please remember to rate my help at this time at the top of this page, prior to leaving, so I can receive the proper credit, for our time together. A 5 STAR rating is greatly appreciated. Thank you.

FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 33,335
Experience: 10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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