Couple sitting next to each other before they sign a legal separation

Legal Separation in Ohio

What is a Legal Separation in Ohio?

In a legal separation, spouses will have to deal with many of the same issues they deal with during the divorce process. However, the paramount difference is that you will remain married and, as such, cannot remarry. For those who are still unsure if they want to terminate their marriage, legal separation presents a great opportunity for both parties to explore life without one another without dissolving the marriage.

Filing for a Legal Separation in Ohio

Ohio has a unique approach to legal separation since it has a law that provides for a court action to obtain one, similar to filing a petition for divorce. Living separate and apart is not necessary for filing an action for legal separation. That said, you will need appropriate grounds.

Here are some of the grounds available in Ohio:

  • Adultery
  • Habitual drunkenness
  • Spouse was willfully absent for a year from the marriage
  • Extreme cruelty
  • Spouse is incarcerated when the complaint is filed
  • Incompatibility
  • Spouses lived separate and apart for a year without interruption

Getting Legally Separated in Ohio

Much like a divorce, you will have to address many of the same matters, including child custody and visitation, asset and debt division, spousal support, and child support. Resolving these issues can be time-consuming, but if you ultimately choose to get divorced, it can make future proceedings easier.

There are many reasons why spouses may opt for legal separation over divorce. For example, if the idea of divorce is at odds with your religious beliefs, you can choose to legally separate and officially maintain your marriage without having to continue sharing your lives. Legal separation may also allow you to continue receiving medical coverage through your spouse’s employer. However, you should make sure this is an option for you before proceeding with this process.

Speak to One of Our Experienced Family Law Attorneys About Your Case Today!

If you are considering legal separation, you will need a knowledgeable legal advocate to help guide you through the process. At Crossman & McNamee, LLC, our skilled team of Ohio legal separation attorneys are  backed by decades of experience and is committed to providing compassionate legal guidance and advice. You can rely on us to help you navigate the Ohio legal separation process as smoothly as possible.

For the personalized attention you deserve, reach out to our law office today at (937) 468-3796 to schedule an initial consultation with one of our attorneys to get started on your legal separation in Ohio.