Brief situational background. I live in Ohio, I have been served with complaint for divorce and currently writing my answer and counter-complaint.
In a couple of weeks I have motions hearing where I will have to object to plaintiff's motion for defacto termination date of marriage to be the date she left the marital residence.
My questions - Does desertion from the marital residence constitute breach of marital agreement if the seperation was not voluntary for both parties? Can an objection of the defacto termination date of marriage motion on the date of seperation be sustained if the seperation was not voluntary, and if so does the termination date of marriage then become the date of Motions Hearing?
In my answer I have written the following statement as assertion of defense (names removed for confidentiality)....
(b) The complaint fails to state that plaintiff has lived in cohabitation with So Andso since such-and-such-date. So Andso has failed two drug screens for employment, citing use of cocain on such-and-such-date. Defendant asserts this point that it may be a detrimental influence on above named minor children.
Is this information that the Magistrate or Judge will find relevant for the purpose of the case, or does it come across as me whining. It is my intent to keep the answer impartial and factual.
I know that "Someone that represents themselves in a court of law has a fool for a client," But for the moment I am unable to obtain legal representation (something that may change after the hearing). Any answers you provide will be of great assistance.