LEGAL SEPARATION IN OHIO
In Ohio, legal separation provides an alternative to divorce when couples wish to live apart with court-ordered arrangements while remaining legally married.
WHAT IS LEGAL SEPARATION?
Legal separation occurs when one spouse files a complaint requesting the court to recognize and formalize the couple’s separation without dissolving the marriage. The court will issue orders regarding property division, support, and child-related matters, similar to divorce, but the parties remain legally married. Parties often chose legal separation for religious reasons, healthcare insurance continuity, or when couples are uncertain about permanent divorce. Because a legal separation does not terminate the marriage, however, if parties ultimately choose to divorce, they have to go back to court and commence divorce proceedings.
GROUNDS FOR LEGAL SEPARATION IN OHIO:
The grounds for legal separation, set forth in R.C. 3105.17, are identical to those for divorce in Ohio and include:
- Adultery
- Willful absence for one year or more
- Extreme cruelty
- Habitual drunkenness
- Gross neglect of duty
- Imprisonment in a state or federal correctional institution
- Fraudulent contract
- Living separate and apart for one year without cohabitation
- Incompatibility, unless denied by either spouse
CONSEQUENCES OF LEGAL SEPARATION
A legal separation creates a “middle ground” where the marriage remains legally intact while establishing court-enforceable rights and obligations. This arrangement provides a formal division of property and debt, court-ordered support arrangements, and officially establishes child custody, parenting time, and support obligations. In some circumstances, unlike in a divorce, one party may be able to remain on the other’s health insurance. Since the parties remain technically married, however, neither party can legally remarry unless they return to court to
CALL ZUKERMAN ABOUT LEGAL SEPARATION
If you are considering legal separation, it is important to understand how this option differs from divorce and whether it best serves your specific needs. Our attorneys can help you evaluate whether legal separation offers advantages in your particular situation and can help protect your rights throughout the process.
Call Zukerman, Lear, Murray & Brown Co., L.P.A. today to discuss whether legal separation might be appropriate for your circumstances.
