Legal Question in Family Law in Ohio
Divorce legal or not.
A couple marries and resides in New York State. Two children are born of this union. One of which is diagnosed with a terminal illness. After ten years of marriage the husband decides he no longer wants to be married and leaves the family. He remains in New York for about four months and then relocates to Ohio. He attempts divorce proceedings there by "no fault". The wife is never served legal papers. Therefore she cannot answer the papers. Divorce is granted based on the grounds that the husband has been a resident of Ohio state for at least six months and the couple has been apart for about a year. The wife never signed any legal documents. Is the divorce legal?
1 Answer from Attorneys
Re: Divorce legal or not.
Yes, the divorce is legal. In Ohio, as well as most other states, after a petitioner resides in the state for six months he may file for a divorce from an out of state spouse. There is not any no-fault law in Ohio; he alleged one of several grounds, most likely incompatibility. He must attempt to serve you by certified mail, and if it is returned unclaimed (you didn't sign for it when you got the card), then the date he mails you the papers by ordinary mail is the date of service. If he does not know your address, he may advertise service in an Ohio newspaper for six weeks, then service is deemed proper.
Because you did not respond, the court can go ahead with the proceedings. The divorce, based upon your facts, is proper and must be honored by all other states.
To collect child support, talk to a local attorney or the child support enforcement agency in your county.
Good luck.
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