Legal Question in Family Law in Ohio

Divorce from another state

Can my husband file for a divorce from Florida with me in Ohio...we have been married for about 28 yrs and I left him about 4 yrs ago...I also believe he got an inheritance when his mother passed away and he has sent me a certified letter about the divorce...does he have to report that he received this inheritance and would I be entitled to any of it? I was also told we could file for an unullment....is that true? Thank you....Darlene


Asked on 4/19/07, 10:01 pm

2 Answers from Attorneys

Mark Chuparkoff Chuparkoff & Chuparkoff

Re: Divorce from another state

I am licensed in both Ohio and Florida. Typically, if he has been in Florida for that long, he can obtain a divorce there.

Regarding the inheritance, be advised that assets (and debts) are characterized as marital or non-marital property. Here, depending upon who ever left the inheritance, and what proof there is of their intent, you may be entitled to some.

An anullment is a religious result...perhaps you meant dissolution????

Call me and we'll talk.

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Answered on 4/20/07, 8:41 pm
Benjamin Partee The Law Office of Benjamin J. Partee

Re: Divorce from another state

Whether or not your husband can obtain a divorce in Florida will depend on Florida's jurisdictional requirements. For example, to obtain a divorce in Ohio, a person must have been a resident of Ohio for 6 months, and a resident of the county in which he files for 90 days. It is possible that he will be able to obtain a Florida divorce, but you would need to consult with a Florida attorney to know for sure.

Whether you are entitled to any of your husband's inheritance will also depend on Florida law. In Ohio, many inheritances are not treated as marital property, meaning they are not available to split during a divorce. However, your specific situation will depend on how Florida treats the property. Again, these are issues you should discuss with an attorney licensed in Florida.

Good luck!

Ben

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Answered on 4/19/07, 11:49 pm


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