Title: Moving out - Ohio Law Post by: ts919 on January 31, 2014, 09:31:33 AM My uBPDw and I have a final hearing at the end of this month. She is currently still living at home (short term marriage, she will be moving out as she cannot afford the home on her own and I can). Does anyone know how long they will give her from the final hearing to move out? I was hoping she would've moved out prior but I know better now... . she's going to milk the free living as long as she can.
Title: Re: Moving out - Ohio Law Post by: ForeverDad on January 31, 2014, 10:28:53 AM Theory: Your spouse would have been preparing long ago to move and the move would be effective at time of the Final Decree.
Reality: Your soon-to-be-ex-spouse may find multiple ways to delay. Of course you will try to get that addressed at the final hearing. I don't know when the Final Decree will be issued. In my case, with children involved, it was about two months after the date we settled so that the settlement could be written up and any remaining issues worked out. It became final once the judge signed it at a scheduled hearing date. However, be sure that any terms and requirements also have specific and clear 'consequences' clearly specified if the terms are not met, not room for reinterpretation, extension, etc. For example, if she does not move out by {date} then she must begin paying you "Use and Occupancy" (never call it 'rent' since you don't want a tenant!) and you have a right to evict her without delay. (Local laws may apply regarding eviction procedures, timing and similar issues.) That's the stick, here's the carrot: If you owe her any money or assets, then she can't receive them, or a large chunk of them as a sort of escrow or leverage, until she does move out. Leverage is your Friend, so don't gift it away too soon. |