Anonymous
Anonymous asked in Politics & GovernmentLaw Enforcement & Police · 1 decade ago

ohio divorce/marriage laws?

I have a friend that's going to get a divorce because her husband left her about 7 months ago,shes been told by people that if he is gone for like 6 months and dont get his mail there anymore she dont have to let him in. But the police told her today (she called them because she is getting threatening phone calls from who she thinks is his girlfriend) that if they are not divorced yet then she has to let him in, is that true or is someone confused here? She hasn't sued for divorce yet because she has 2 kids to support, shes disabled and cant work, and he hasn't sent her any money for the past 7 months (so she dont have the money for a divorce) so by Ohio law dose she have to let him in the house if he shows up?

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  • Anonymous
    1 decade ago
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    Hello Kevin. I also live in Ohio and went through a divorce four years ago that was somewhat similar. I was also told that by Ohio statute, I had to allow the soon to be ex in my home. I immediately got a restraining order and since I didn't have her new address, I posted it on the front door and changed all the locks.

    Since your friend is disabled and can't work, tell her to see the county DA. He should be able to get her a restraining order for no cost to her.

    By the way, for reference only, I tried to use an adultery charge on the ex. I was told there is no law in Ohio that allows that particular charge.

    Best of luck and I hope this is useful to you

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  • 1 decade ago

    If she has no money, she will be eligible for a legal aid lawyer. She needs to get one now. And just because the police tell her something, that doesn't mean that it is true. Police officers are human and they can make mistakes, or it was possible that she misunderstood what was said.

    She needs that lawyer immediately and the first thing she needs to do is file for sole custody and divorce based on his abandonment of her and the children (adultery too because he has a girlfriend and there isn't even a legal separation in place). Then she files for spousal and child support. Because she is disabled, she "may" be able to get spousal support for life (unless she remarries) so she should investigate this. Oh, and the lawyer can tell her how she can legally keep her husband out of the marital home.

    Good luck...and make sure your friend calls legal aid right away.

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