Legal Separation in Ohio

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There are three ways to end the marriage in Ohio: divorce, dissolution and annulment. If the parties involved do not wish to end the marriage or wish to remain legally married for certain benefits can file for a legal separation in Ohio.

For attaining the legal separation in Ohio, a complaint must be filed in domestic relations division in the common pleas county court. It is a court order where the couple stays married but leads separate lives and do not reside under the same roof. The legal separation in Ohio addresses various issues such as child support, custody and visitation, alimony or spousal support, property division, division of assets and debts and payment of debts.

The residence requirement for legal separation in Ohio is minimum six months in the state and 90 days residence requirement in the county. An exception can be made in the cases of domestic violence where the spouse filing for separation has to attain a restriction order against the other spouse.

Many couple opt for legal separation as they want to give a last thought to their marriage, it is economically sensible and the spouses can retain certain benefits like insurance coverage for extraordinary medical problems, for the sake of children, religious benefits, federal benefits, social security, disability and Medicare. Though the legal separation is lot more beneficial, it is not permanent and it has to lead to either divorce or dissolution of marriage. The legally separated spouses cannot remarry even if they are leading separate lives for ages.

Grounds for legal separation in Ohio:

The legal separation in Ohio can be sought on the basis on a number of grounds. These grounds are as follows:

• Adultery and Bigamy - A spouse who has committed adultery while being married to the current spouse can get a legal separation for the same. Having sexual intercourse or romantic liaisons with partners other than the one with whom one is married comes under adultery. Being married to a spouse while entering into marital bond with another spouse is a serious crime and an immediate grounds for legal separation.
• Cruel and Inhuman Treatment - Denying sexual relations for a long time, physical abuse, sadomasochism, etc constitute to cruelty and inhuman treatment. Denying a spouse to spend a life of certain standard can also constitute inhuman treatment. A spouse living in the same house and with an earning ability who does not contribute to the household expenses or the childcare can be termed as neglect or inhuman behavior. Not engaging in sexual relations is also an example of neglect.
• Imprisonment and Fraud - If a spouse has frequent incarcerations, it is a firm ground for legal separation. The charges under which the person has been jailed are also examined. If a partner engages in any fraud, the other partner has a full right for filing an immediate separation by obtaining a restriction order against the fraud spouse. The separation is immediately granted if he / she engages in a criminal fraud.
• Willful Desertion - Locking out a spouse of the marital residence, abandoning the spouse in a short period after marriage and not supporting the household expenses constitutes willful desertion. However, the spouse who has filed for the separation should be deserted at least for a year to be considered as willful desertion.
• Incompatibility,and Inability to consummate the marriage - Mental, physical and social incompatibility of the partners can be considered as a ground for legal separation as it can result in mental stress. These incompatibilities can have a lasting effect on the self image of an individual and his / her functioning. If the couple has not been able to consummate the marriage after being married for more than six months, legal separation can be granted on the basis of this inability.
• Substance Abuse - If a spouse has a habit of drinking or drug abuse that constitutes to serious incompatibility and the legal separation can be granted on these grounds.
• Separation - If a couple is living separately for more than one year with no period of co-habitation or sexual relations, it is a firm ground for legal separation. However, the period of one year is considered appropriate to decide the legal separation on the grounds of separation. This is a ground mostly for a no-fault divorce.
• Divorce in any other state - A divorce or separation in any other state should be recognized by the statute of Ohio, in which case you have to file for legal separation in Ohio.

The steps for filing a legal separation in Ohio are simple. Let's have a look at these steps:

Discuss the terms of the legal separation with your spouse in the presence of both the attorneys. The attorneys will prepare a document according to the settlement agreement you have reached together. Read it after they have prepared a draft. Ask for correction, if you want to make any. Get the document reviewed by the attorney.

Sign the document in front of the notary and get it notarized at the same time. Get the form for legal separation from the county clerk in common pleas. All the information regarding the marital, individual assets and personal information such as earnings, investments, assets and liabilities are to listed. Put in the information of your children, if involved. Attach the copies of necessary documents and file it to the county clerk. There is no need to file this document to the county courthouse. Only a form or a petition requesting the legal separation is to be filed. The settlement agreement in Ohio is used as a proof for the later divorce case.

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