Legal Separation Archives - Ohio Family Law Blog

Blast From The Past: Legal Separation in Ohio: What Does it Legally Mean?

PUBLISHERS UPDATE: Here is one of my favorites posts about legal separation from back on February 8th, 2020! The advice rings as true now as it did then. We have a ton of interesting articles in our archives of the Ohio Family Law Blog. Use our Search tool and enjoy a few oldie but goodies!

Everything You Need To Know About Legal Separation In Ohio [But Were Afraid To Ask!]

Ending a relationship can be frustrating. Likewise, understanding the process involved can be confusing. In Ohio, there are only three ways legally to terminate a marriage: divorce, dissolution, and annulment. While those three ways are the only methods to terminate a marriage legally, a couple can also seek what is known as a “legal separation.”

What is a legal separation?

Black’s Law Dictionary defines separation as “an arrangement whereby a husband and wife live apart from each other while remaining married, either by mutual consent (often in a written agreement) or by judicial decree.” A legal separation involves a court order where the spouses remain married but live separately. The court order allows the court to issue orders concerning division of property, spousal support, and visitation and … Read More... “Blast From The Past: Legal Separation in Ohio: What Does it Legally Mean?”

What is a Separation Agreement? Why is it Important in an Ohio Dissolution?

Why an Ohio Separation Agreement for Dissolution is Crucial in Ending a Marriage

For many, ending a marriage is a time filled with uncertainty. Nearly all aspects of a family’s life will change, including their finances, child care and custody, and living situations. In Ohio, other than by an annulment, there are two ways to terminate marriages: by dissolution and by divorce. Divorces frequently require a significant amount of judicial intervention, which may not be preferable for spouses who are able to agree to terms of their separation without the need for a third party to make decisions for them. Dissolution is a more amicable alternative to divorce in which spouses both agree to ALL of the terms of their Ohio separation agreement for dissolution, terminating the marriage.

Dissolution is a process which allows the spouses to maintain a substantial amount of control over their situation. However, prior to obtaining a dissolution in Ohio, spouses must prepare and execute an Ohio separation agreement for dissolution, in which they set forth mutually agreed-upon terms regarding the ending of their marriage. This is essentially a legally binding agreement, in which they allocate all liabilities and assets. There are several key components that … Read More... “What is a Separation Agreement? Why is it Important in an Ohio Dissolution?”

How Does a Trial Separation Work?

trial separation legal separations counseling experienced divorce lawyer

Trial Separation In Ohio Explained. Seek Experienced Divorce Lawyer For Input And Counseling Tips

Several weeks ago, I explained the characteristics of what a legal separation is in Ohio. Click here to read that post. Today, I will share some of my thoughts about a “trial separation” – which is an informal agreement for 2 people to live apart. Essentially, it is an experiment in living apart. During this time the parties of course remain married, but live apart. A party may move back home, in with a friend, or rent an apartment.

This arrangement is typically done for one or both parties to have space apart to evaluate their feelings towards each other, their long term goals and overall compatibility. In addition, many parties may choose to separate before filing for a legal separation or a divorce. Some parties agree up front to a time period for the separation, while others don’t. I have seen trial separations that last from hours to ones that last for years.

Can Trial Separations Involve A Court Order?

Trial separations typically do not involve a Court Order. A written separation agreement is not mandated under Ohio law but having one may be smart. … Read More... “How Does a Trial Separation Work?”

Legal Separation in Ohio: What Does it Legally Mean?

Everything You Need To Know About Legal Separation In Ohio [But Were Afraid To Ask!]

What is a legal separation?

Black’s Law Dictionary defines separation as “an arrangement whereby a husband and wife live apart from each other while remaining married, either by mutual consent (often in a written agreement) or by judicial decree.” A legal separation involves a court order where the spouses remain married but live separately. The court order allows the court to issue orders concerning division of property, spousal support, and visitation and custody when there are minor children involved. With a legal separation, unlike a divorce or dissolution, the marriage is still intact.

How do I get a legal separation?

A common misunderstanding is that individuals can simply declare they are separated and do not need to file anything in court when they wish to pursue a … Read More... “Legal Separation in Ohio: What Does it Legally Mean?”

Dissolution In Ohio: Can Parties Request Conciliation and Mediation Services?

Dissolution In Ohio: The Conciliation Process in Warren and Montgomery County Explained. How A Dissolution Can End Up In Mediation

conciliation dissolution mediation ohio This was a novel question that was recently asked me by a client a week or so before their scheduled final dissolution hearing. Conciliation proceedings are not all that common even in divorce actions. I asked my paralegal, Robin Lovins, to investigate the answer for me. That answer was interesting I thought. Always looking for a new blog article topic, I asked Robin to help incorporate that information into a blog article about dissolution. Here it is:

Section 3117.05 of the Ohio Revised Code states that “Prior to or during pendency of any action for divorce, annulment, or legal separation, one or both spouses may file in the court of common pleas a petition for conciliation…”. The question becomes: Does conciliation apply in dissolution cases? Although it is unusual for parties participating in a dissolution proceeding to request a conciliation through the courts, if a petition is filed, the courts will accept it.

A Dissolution Can End Up In Mediation. The Conciliation Process Differs in Both Warren and Montgomery County

In the Montgomery County Domestic Relations Court, after a Petition … Read More... “Dissolution In Ohio: Can Parties Request Conciliation and Mediation Services?”

Separation: What is the Difference Between a “Separation” and a “Legal Separation” in the State of Ohio?

Delaying your divorce? Things you should know before filing for legal separation; an unexpected court decision for you and your spouse

legal separation divorce

When I began to practice family law in 1988, there were three (3) major proceedings in the Domestic Relations Courts of the State of Ohio:

Divorce: Wherein one party files a Complaint for Divorce and the other party generally files an Answer and Counterclaim. The proceeding is assigned to a Judge and the case is managed by that Judge and the Court. The parties’ marriage would be terminated via a Final Judgment and Decree of Divorce. A divorce proceeding generally takes nine (9) months to twelve (12) months to reach closure.
Dissolution: Wherein the parties file a Petition for Dissolution of Marriage with a Separation Agreement attached thereto. This proceeding is characterized as being “settled” at the time of filing. A hearing is held at least thirty (30) days after the filing of the Petition and the parties marriage is terminated via a Final Decree of Dissolution of Marriage. This proceeding is generally less expensive and less traumatic/emotional as all issues are “resolved” via the parties’ Separation Agreement.
Alimony Only: Wherein one party, usually the “financially disadvantaged” Wife,