Legal Separation vs Divorce in Ohio: Key Distinctions

All You Need to Know About Legal Separation in Ohio

When two people get married in Ohio, they assume they will be together until death do them part. However, sometimes marriages become strained for a variety of reasons. When this happens, your options can seem limited to either remaining married or filing for divorce.
Fortunately for Ohio couples, there is a middle option. Through a legal separation agreement, you and your spouse can remain married while still living separate lives. A legal separation agreement involves an official process through the courts. It consists of several documents that spell out the details of what each person wants during the period when a couple has separated but not divorced.
Some of the most common provisions of legal separation agreements in Ohio address the following topics:
Legal separation allows some couples to establish the norms and boundaries they need in order to maintain a sense of normalcy while continuing to live separately. These agreements are often less disruptive than divorce and allow couples to see if they can reconcile after a period of time.
A legal separation agreement does not imply permission to begin dating again , however. If you begin dating when you are legally separated in Ohio, your spouse could use this as grounds for a divorce.
Keep in mind that simply living in separate bedrooms does not constitute a legal separation. You must obtain court approval and follow all the steps to receive a legal separation. Once this option is in place, you can begin drawing up the legal separation agreement, which should be written in accordance with Ohio laws.
Although some people believe a legal separation is a precursor to divorce, it is not always. If you discover through a legal separation that you can live separately but not happily, you may opt for divorce in the future.
Legal separation also protects you from being responsible for your partner’s debt while still protecting your rights to marital property. Additionally, a legal separation is often the most gentle way to divide your assets and generally speeds up the divorce process.

How Divorce Works in Ohio

The divorce petition is the legal document that terminates your marriage. Once filed, the court will grant a Decree of Divorce to both parties, which has lasting and legal implications. For a divorce petition to be considered, you need to file for divorce in the "county of residence" where you reside. Where one party to the divorce must reside in the state of Ohio for six months or longer, it’s common for the next legal residency where the petitioner or respondent resides to be selected as the county where the petition is filed. (This is something to discuss with your attorney during the process, to ensure you’re considering all options.) Your divorce may not be final until the Ohio divorce proceedings are completed in the county where the petition was filed.
Once filed, your Ohio divorce will officially include: An uncontested divorce with successful negotiation and settlement of these issues can take 3 to 4 months for completion. If a contested divorce is not completed by the judge on the trial date, your case will be set for a trial. The time frame of your divorce will vary greatly, considering these factors: The cost of an uncontested or contested divorce is often an important consideration when filing. A contested divorce includes being assigned to mediation or a case management trial status hearing, with no guarantees the case will be successfully resolved through trial. An uncontested divorce filing is more likely to be less costly in the long run.
Ohio law can be complex and the nuances within family law are ever-changing. With the help of an experienced family law attorney, you can ensure your divorce is within the law and is also in your best interests.

Delineating Between Legal Separation and Divorce

Legal separation is similar to divorce in that the same issues must be resolved. For example, the marital property must be divided, debts addressed, custody of children determined, and support issues decided. However, the significant difference between the two processes is that a legal separation does not end the relationship. While the couple is no longer living together, they are still legally married, and they retain the right to reconcile and remarry. Legal separation must be initiated in the same manner as a divorce. A petition for legal separation must be filed with the appropriate court and served on the other party. After the court has jurisdiction, the parties may agree to a separation agreement or if they can’t agree, the court will conduct a hearing to determine the terms of a separation order. If reconciliation occurs, the process to revoke the separation is relatively simple. The parties can file a notice of revocation with the court and the terms of the separation agreement are torn up. However, sometimes a divorce is all but inevitable when issues such as trust and commitment have been broken. A legal separation can be beneficial to couples who want to take time apart to consider the future of the relationship. It also provides stability for a spouse who may not have been the primary breadwinner while giving both spouses the opportunity to resume work, save money, and address other issues before deciding whether to pursue divorce. For those who choose to divorce, both the economic and emotional benefits of legal separation remain the same: it provides time to slow down financially, allows both parties to see how living apart affects their lives, and helps determine if a reconciliation or divorce is truly in their best interests.

What to Weigh When Deciding between Legal Separation or Divorce

For some couples, a legal separation may be a preferable option to divorce. Some factors which may influence this decision include:
Religion
Some religions do not permit divorce. For instance, the Catholic Church does not permit church-sanctioned divorce. For Catholic couples who do not want to divorce, legal separation may provide a solution, allowing them to divide their assets and live apart while remaining married in the eyes of the church.
Finances
Couples with strong financial reasons to stay married may prefer legal separation over divorce. If one spouse is receiving benefits or payments due to his or her status as a spouse, getting a divorce could mean the loss of those benefits or a reduction in payments.
Some couples hold the belief that is better for the family to remain intact. While legal separation does not legally dissolve the marriage, it can often be a better social solution for some families.
Personal Preference
For many, the decision comes down to personal preference, whether or not to legally separate or get a divorce. Many states have residency requirements for divorce and length of separation, both of which make separation a more appealing option than divorce.

The Economic and Legal Consequences of Both

When it comes to the legal and financial implications of legal separation and divorce in Ohio, there are some significant differences. With a legal separation, the couple remains legally married but lives apart, while divorce ends the marriage and all legal ties between the spouses.
For property division, legal separation can make things a bit simpler. The couple may work together to divide household belongings, real estate, and other assets voluntarily. However, this voluntary division of property is not legally binding. In other words, either party may later ask for a divorce where the things separated would then be treated as marital property subject to division.
When the court orders property division in a divorce, the valuation and division of property becomes legally binding. The court has the power to award money from one spouse to the other to equalize the division of property if necessary. A property division order cannot be modified except in extreme situations, such as financial fraud, financial mismanagement (including waste of assets), or the determination that the property division agreement was not fair and equitable.
Spousal support, sometimes called alimony, while generally an issue only in divorce cases , may be awarded by a court during legal separation. Whether spousal support is awarded depends on the circumstances of the case, such as income, earning capacity, retirement benefits, needs, health, etc. If spousal support is determined, it can be modified upon a substantial change of circumstances. When a divorce is filed, Ohio law will require a spousal support worksheet to be submitted to the court. The court will then use this worksheet to determine the correct amount of monthly spousal support. A divorce terminates spousal support and requires the couple to go back to the court to set a new amount or termination date.
During a legal separation, the couple sets up a parenting plan to govern custody, support, and parenting time with the children. At the time of divorce, the court will then review the parenting plan and decide whether to approve it. The important thing is that the issue has been decided, and the couple follows the plan. In a divorce, a parent may receive a child support award from the court that is different from the parenting plan. This child support order is more difficult to change than a parenting plan that has already been agreed upon by both parents.

Transitioning from Legal Separation to Divorce

If you and your spouse have been legally separated for a period of time, there may come a point when getting a divorce becomes necessary. In Ohio, once you decide that property division and spousal support agreements entered into under the terms of a legal separation are unacceptable, you each have the ability to petition the court to modify the separation decree and convert it to a final judgment of dissolution or divorce. As long as the parties have reached a mutual agreement, most modification requests will be granted. If there is a lack of agreement, an Ohio divorce attorney Jacksonville OH can assist you in proving by a preponderance of the evidence that the order meets the requirements of the law. Some challenges may arise when there is a request to convert a legal separation to a divorce. The case should be heard in the jurisdiction where the original separation decree was granted; however, if a spouse performs substantial work in another county or state, this can present some complications. If you or your spouse have moved and filed for separation in a different location, you may need to file an objection to that filing to ensure that the case is heard in the correct jurisdiction. Once the petition or motion is heard, the court will make basic inquiries, such as whether or not the parties have a final agreement. In the event that the parties have no agreement, then the court will set the matter for an evidentiary hearing and consider any evidence supporting a divorce over legal separation.

Finding Legal Guidance

Because of the complexity of all of these matters, it is very important to seek legal assistance, even if you just need to ask an attorney a couple of simple questions to formulate an initial plan. First, you should always consult with an Ohio attorney who specializes in family law. Family law in Ohio consists of topics such as divorce, dissolution, child support, child custody, grandparent visitation rights, and spousal support/alimony to name a few. There are many specialty firms that focus strictly on family law, but in many cases smaller firms will have an attorney or attorneys that do primarily focus on family law . If an attorney tells you that they do not focus on family law and that they primarily do estate planning or personal injury, that may not be the attorney for you.
The laws are complex and you want an attorney who is experienced and keeps up to date with these changes. They will help you determine the best course of action and define the goals and outcome of your case. An attorney can also help you to understand the requirements and obligations once a separation or divorce is granted.