Legal Question in Family Law in Ohio

Separated out-of-state with son, adopted by step-father and want divorce

In 06/2004 my husband & I decided to separate. He wanted me to go live with my parents with my 6 year old son, whom he adopted, in Missouri. We have the house for sale & we are both paying the mortgage. He has not talked to my son since we moved. He has a son 7 years older than my son and he is too involved with him to have time with my son. He has not sent a dime. His son was rough with my son. I want a divorce, but I don't want and my son does not want to go back for visitation. He is afraid of his brother & is not close with his adopted dad. His dad really does not seem to care if he ever sees him again. We would mutually agree to divorce, but I am worried about ordered visitation. Is there any reason that he would have to go or can we agree to no visitation? Also, can I file for divorce in Ohio living in Missouri, since we only lived in Ohio? Thanks so much!


Asked on 11/01/04, 7:09 pm

1 Answer from Attorneys
Michael R. Nack Michael R. Nack, Attorney at Law

Re: Separated out-of-state with son, adopted by step-father and want divorce

You might be able to file for Dissolution here in Missouri after you have been here for 90 days, but unless your husband is cooperative the Judgment will only grant the divorce and deal with the custody issues (child custody, visitation and child support). It will not be able to divide the marital property located outside of the state. However, if your husband is cooperative, he might agree to full jurisdiction of the MO court and consent to the entry of a Judgment along the lines you outlined. I can not give you an opinion on whether it would be better for you to file in Ohio, since I do not practice in Ohio and I am completely unfamiliar with Ohio's laws. If you would like a free telephone consultation, you may call me at 314-727-2822. In any event, good luck!

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Answered on 11/02/04, 10:44 am


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