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Divorce summons

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G Johnson

Junior Member
What is the name of your state? ohio and New York

I left my husband in ohio due to his drunkenness and emotional neglect on Dec 31st, I have been living with my mom in New York for these months with the kids. My husband just filed a complaint for divorce, request for shared parenting and other equitable relief. The summons state that I must answer this complaint but I'm not sure what to answer? Is it asking whether I want to get divorced? I also spoke with him and he stated he wasnt sure he wanted to divorce he was told by his attorny that if he had to file first because after 6 months I could file.
However, I read the a book that stated in New York I had to wait 1 year. I'm also planning to move to maryland and they requirement is one year as well- Did his attorney lie to him?
I very confused please help
 


BL

Senior Member
What is the name of your state? ohio and New York

I left my husband in ohio due to his drunkenness and emotional neglect on Dec 31st, I have been living with my mom in New York for these months with the kids. My husband just filed a complaint for divorce, request for shared parenting and other equitable relief. The summons state that I must answer this complaint but I'm not sure what to answer? Is it asking whether I want to get divorced? I also spoke with him and he stated he wasnt sure he wanted to divorce he was told by his attorny that if he had to file first because after 6 months I could file.
However, I read the a book that stated in New York I had to wait 1 year. I'm also planning to move to maryland and they requirement is one year as well- Did his attorney lie to him? I very confused please help
Not really .

What his Attorney was getting at is that he needed to file first and now , before you and child set up residency elsewhere ( which usually requires 6 mos. ).

After 6 mos . you could file through NY family court .

Now you answer the complaint .

What are the grounds for divorce ( if that state requires one ) ?

You either admit or deny the allegations in the complaint .

You took off with the child with the intent to permanently remove the child from the State , to get away from him , but he doesn't know if he wants a divorce ?

I don't know what your intentions are about Father/Child relationships , but unless it can be proven he's unfit or a danger , he will get them . He could have Petitioned the court to order the return of the child to his State .

You are going to need a consult with an Attorney .

Before you all waste money on a divorce , you should see if you can have orders entered under agreements .
 
Last edited:

Ohiogal

Queen Bee
Your husband was smart because Ohio still has jurisdiction over the children as well as you. So therefore custody and child support matters belong to Ohio as long as dad lives in Ohio. I applaud your husband. You will have to get an attorney in Ohio to represent you for the divorce.
 

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