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Title: Required to declare both parties financials before filing? Post by: unicorn2014 on February 11, 2016, 11:02:51 AM My partner told me the other day that in order for him to be able to file for an uncontested divorce in Ohio that he needed to provide both his and his wife's financials to his lawyer.
Does anyone know anything about this? (The problem is my partner's wife is not cooperating, and he thought his divorce was going to be filed last Friday, but her attorney didn't give his attorney her financial information so now the process has been delayed.) Title: Re: Required to declare both parties financials before filing? Post by: livednlearned on February 11, 2016, 11:17:02 AM Where I am -- yes, both parties have to do what's called a financial affadavit.
If my ex did not comply, my L and I would have ordered a motion to compel. Foot dragging is common in divorces, and the courts have procedures in place for that. A motion to compel can also be written with consequences for non-compliance. For example, if the non-compliant party does not file the financials by day/date/time, then x amount (something unfavorable) will be assigned and the process will move forward. Title: Re: Required to declare both parties financials before filing? Post by: unicorn2014 on February 11, 2016, 12:12:17 PM Where I am -- yes, both parties have to do what's called a financial affadavit. If my ex did not comply, my L and I would have ordered a motion to compel. Foot dragging is common in divorces, and the courts have procedures in place for that. A motion to compel can also be written with consequences for non-compliance. For example, if the non-compliant party does not file the financials by day/date/time, then x amount (something unfavorable) will be assigned and the process will move forward. So my partner was telling the truth and he did say that if his wife did not explain this weekend he was going to file a motion to compel. Thank you for answering. Title: Re: Required to declare both parties financials before filing? Post by: ForeverDad on February 11, 2016, 12:38:24 PM I believe Ohio's uncontested divorce is called a dissolution? I reviewed the without-minor-children checklists (#3 for dissolution and #5C/#5D for divorces). A couple of the forms are entitled Waiver of Affidavit of Income and Expenses and Waiver of Affidavit of Property. So is it she didn't sign the affidavits or are they expecting to file their properties, incomes and expenses? Is there a need to file that information? Shared properties, shared accounts, um, shared children?
Title: Re: Required to declare both parties financials before filing? Post by: unicorn2014 on February 11, 2016, 01:09:32 PM I believe Ohio's uncontested divorce is called a dissolution? I reviewed the without-minor-children checklists (#3 for dissolution and #5C/#5D for divorces). A couple of the forms are entitled Waiver of Affidavit of Income and Expenses and Waiver of Affidavit of Property. So is it she didn't sign the affidavits or are they expecting to file their properties, incomes and expenses? Is there a need to file that information? Shared properties, shared accounts, um, shared children? No, it is an uncontested divorce and both parties have to provide financial affidavits. At this point the only shared things they have is shared financial instruments. She has not provided the financial affidavit. They are both required to declare what their property is. They have no children. There is a need to file the information of what belongs to them as individuals. |