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Can You Get a TRO While Waiting to Meet Residency Requirements for Divorce

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  • 03-29-2011, 06:19 PM
    clevelandox
    Can You Get a TRO While Waiting to Meet Residency Requirements for Divorce
    My question involves restraining orders in the State of: Ohio

    Facts are as follows: Husband and wife are married and reside in County A. Wife leaves and takes up residence in County B. She wants to file for divorce, but Ohio requires her to have residence in her county for 90 days. Husband has begun to sell marital property and has made threats concerning the children. What recourse does she have as far getting restraining orders since she has to wait to the 90 days to file divorce?

    Also, this is assuming she cannot file in husbands county, is this correct?
  • 03-30-2011, 08:51 PM
    Mr. Knowitall
    Re: Can You Get a TRO While Waiting to Meet Residency Requirements for Divorce
    Ohio Law provides,
    Quote:

    Quoting ORC Sec. 3105.62 Residency requirement.
    One of the spouses in an action for dissolution of marriage shall have been a resident of the state for at least six months immediately before filing the petition. Actions for dissolution of marriage shall be brought in the proper county for commencement of actions pursuant to the Rules of Civil Procedure. An action for dissolution of marriage may be brought pursuant to a motion for conversion of a divorce action into an action for dissolution of marriage pursuant to section 3105.08 of the Revised Code. For purposes of service of process, both parties in an action for dissolution of marriage shall be considered as defendants and subject to service of process as defendants pursuant to the Rules of Civil Procedure.

    Venue is proper in your county after ninety days, or the county in which the defendant resides.
  • 03-30-2011, 11:53 PM
    davidmcbeth3
    Re: Can You Get a TRO While Waiting to Meet Residency Requirements for Divorce
    I don't know if you have to meet residency requirements just to file a TRO ... for the divorce yes, for the TRO maybe not. You can file one & see what happens..the worst will be its denied.
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