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Nov 30, 2016 · The court has issued a “decree of divorce” (a decision to terminate my marriage), and I am unhappy with the terms of the decree. Is there anything I can do? Yes. If a judge (as opposed to a magistrate) issued the decree, you have the right to file an appeal and/or a motion for relief from judgment.
- (614) 225-9316
- Objections to Magistrate’s Decisions are governed by Ohio Rule of Civil Procedure 53(D)(3).
- Sometimes the Judge’s Entry Adopting the Magistrate’s Decision comes in the mail at the same time as the Decision. That does not mean that you cannot object to the Magistrate’s Decision.
- Per Ohio Rule of Civil Procedure 53(D)(3)(a)(ii), a Magistrate’s Decision may be general unless Findings of Fact are timely requested. Timely requested means that Findings of Fact are requested before the entry of the Magistrate’s Decision or within 7 days after the entry of the Magistrate’s Decision.
- It is going to be difficult to Object to the Magistrate’s Decision without Findings of Fact.
- Understanding What It Means to File An Appeal
- Potential Alternatives to Appealing The Outcome of Your Divorce
- Schedule A Free Consultation at Laubacher & Co.
The process of appealing a trial court decision is entirely different from what you experienced during your divorce. During your divorce, your attorney and your spouse’s attorney presented evidence to the court and likely filed a number of different motions arguing the various legal reasons why each of you were entitled to the outcomes you desired....
1. Motion for Modification
In many cases, a better alternative will be to file a motion for modification. Seeking modification of a divorce order does not involve challenging the trial judge’s discretion. Instead, when requesting a modification, you present evidence demonstrating that a “material change in circumstances” warrants revisiting the original court award. Requests for modification are most common with regard to: 1. Child custody and visitation rights 2. Child support 3. Spousal support If you lost your job,...
2. Motion for Relief from Judgment
Another option is to file what is known as a “motion for relief from judgment.” If you can demonstrate that the trial judge rendered his or her decision in error – not because of a judicial mistake, but because of an issue falling outside of the judge’s discretion – a motion for relief from judgment may be appropriate. Some of the grounds to file a motion for relief from judgment include: 1. A mutual mistake shared by both parties 2. Excusable neglect 3. Newly-discovered evidence 4. Fraud, mi...
For more information about your options with regard to filing an appeal, motion for modification, or motion for relief from judgment, contact Laubacher & Co. to schedule a free consultation with one of our experienced divorce attorneys. To discuss your situation in confidence, call our Cleveland, OH law offices at (440) 336-8687 or request a consul...
When a spouse files a petition for divorce in Ohio and the other spouse cannot be found or does not respond in a timely manner, the court can grant a divorce through a default judgment. The spouse must go to court and testify as to the facts surrounding their divorce before a default judgment can be issued.
Feb 8, 2023 · (D) Upon the granting of a divorce, on a complaint or counterclaim, by force of the judgment, each party shall be barred of all right of dower in real estate situated within this state of which the other was seized at any time during coverture.
Oct 18, 2018 · Ohio law provides three ways for a husband and wife to end or alter their marital relationship: legal separation, divorce and dissolution of marriage. (A fourth way—annulment—will not be discussed here.) To obtain a dissolution or divorce, you must live in Ohio for at least six months before filing. The law does not require persons seeking ...
People also ask
What issues will a judge address in an Ohio divorce?
What happens if a spouse files a petition for divorce in Ohio?
What happens at a divorce hearing in Ohio?
What legal issues should you know about a divorce in Ohio?
Here are some of the issues a judge will address in an Ohio divorce. Property Division in Ohio. Ohio is an equitable division state, which means the court will divide marital property and debt fairly—but not necessarily equally. First, the judge will determine whether property is marital or non-marital property.
