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  #1  
Old 05-01-2009, 07:44 AM
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Unhappy

Out of state spouse: Div / Diss. ?

What is the name of your state (only U.S. law)? Ohio

The soon to be Ex-spouse is in Arizona, and will not be returning to anytime in the near future. We're both 100% agreed on assets and everything, but after reading several books and speaking to others who've had Disillusions, they've stated we're both needed to appear, and no affidavit or anything notarized will be allowed in lieu of actually being there.

Am I going to be forced to go through the Divorce process instead?
  #2  
Old 05-01-2009, 07:51 AM
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Join Date: Dec 2005
Location: Ohio
Posts: 31,755
Quote:
Originally Posted by Catpants View Post
What is the name of your state (only U.S. law)? Ohio

The soon to be Ex-spouse is in Arizona, and will not be returning to anytime in the near future. We're both 100% agreed on assets and everything, but after reading several books and speaking to others who've had Disillusions, they've stated we're both needed to appear, and no affidavit or anything notarized will be allowed in lieu of actually being there.

Am I going to be forced to go through the Divorce process instead?
Your ex would have to appear if you did a dissolution. (Disillusions are something else entirely). You could do an uncontested divorce and turn in a divorce complaint asking the court to adopt the separation agreement as the order and grant you a divorce on the grounds of incompatibility. Also file a separation agreement and shared parenting plan if there are children. Then if your spouse does not respond you show up with a witness (some jurisdictions want TWO witnesses) and you can be divorced without spouse being there. No one but your spouse would force the divorce process.
__________________
Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines what type of nursing home you end up in.


Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. The devil is in the details after all.

Licensed to practice law in Ohio and a Guardian Ad Litem for children
  #3  
Old 05-01-2009, 06:20 PM
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Join Date: Mar 2008
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Quote:
Originally Posted by Ohiogal View Post
Your ex would have to appear if you did a dissolution.
Could an attorney appear on stbx's behalf?
  #4  
Old 05-01-2009, 09:47 PM
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Join Date: Dec 2005
Location: Ohio
Posts: 31,755
Quote:
Originally Posted by mistoffolees View Post
Could an attorney appear on stbx's behalf?
NO. Both parties have to appear.
__________________
Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines what type of nursing home you end up in.


Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. The devil is in the details after all.

Licensed to practice law in Ohio and a Guardian Ad Litem for children
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