Legal Question in Family Law in Ohio

I live in the state of Ohio. I am currently in a divorce proceeding going on 20 months. I had to relieve my counsel due to unethical acts on their part. (communications with parties I was not aware of seeking things not in my best interest as well as an inability to reconcile funds in a trust)

My husband and his attorney are pushing me to accept a settlement of close to nothing, and I have refused.

My husbands attorney went to the judge exparte, and got my support stopped. I do not see any grounds for it to be stopped, it is sort of thrown in as the last sentence in a motion. I was not notified by the courts or his attorney that this was filed.

I went to see the judge yesterday to file my own exparte motion to get it reinstated. He refused to see me.

I am confused how my husbands attorney can do this...

Asked on 7/18/12, 9:04 am

1 Answer from Attorneys

Eric Willison Law Office of Eric E. Willison

In Ohio, ex parte communication with the judge is not allowed except in certain enumerated (usually emergency or highly temporary circumstances a short time after which a full blown hearing is held on the issue).

What may have happened was that there was a hearing that perhaps you were not told about (perhaps the notice of it went to your former attorney's office and he/she assumed that you were sent a notice of that hearing as well) and when no one showed up for the hearing from your side, the judge granted them what they wanted. That is just a theory on my part though.

You should pick up a new attorney as soon as possible to protect your rights in this matter.

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Answered on 7/18/12, 1:42 pm

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