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Family Law Attorney Amy Wirtz is trained
in collaborative approaches to resolving
divorce and domestic relations issues. She
can be reached at 440.363.1313 and
awirtz@skirbuntlaw.com.
The Center for
Principled Family Advocacy,
www.famad.com
In Ohio, legal separation
is for couples who decide they do not or
cannot reside together as man and wife but
do not wish to terminate their marriage.
Most often, couples choose legal separation
when one spouse needs continued medical
insurance provided through the other or if
their religious beliefs prohibit divorce.
Otherwise, legal separation
is an infrequent choice in Ohio. It can be
as expensive as dissolution or divorce.
Separation leaves a connection that needs to
be legally severed later if you or your
spouse wishes to terminate your marriage.
It is the rare couple that
determines legal separation is appropriate
for them.
Uncontested and contested
separation
The terms for legal
separation are set forth in the Ohio Revised
Code. If the parties agree to these terms,
they file an uncontested complaint for legal
separation. Their separation agreement must
be detailed and approved by the court,
similar to uncontested divorce.
If the parties cannot reach
agreement on any terms of the legal
separation, the husband or wife may file a
complaint for legal separation. This also is
similar to a divorce. The other party then
must file an answer and can counter sue for
divorce.
If the opposing spouse
agrees to seek legal separation rather than
divorce, the Ohio court will assist the
parties in reaching a settlement on the
contested issue or issues. Like in divorce,
if the parties can not reach settlement on
all issues, the Court will decide the terms
of the separation by conducting a trial.
Like divorce without
termination
Like in divorce, the
grounds for legal separation rarely make a
difference in the settlement of the issues.
The Ohio courts must do almost everything
that Ohio law commands in a divorce. The
difference is that legal separation does not
terminate the marriage.
In legal separation and
divorce, Ohio demands the court divide real
property, personal property and retirement
accounts. The court sets support for the
children and creates a parenting plan. It
determines if spousal support is appropriate
and at what amount. The court terminates
rights of inheritance for each spouse.
The time required for legal
separation depends on the Ohio county court
system in which you file your case.
Typically, the smaller the county the less
time you have to wait for court dates.
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