Ohio Info

Ohio Divorce Start Your Divorce Find Professionals Ohio Articles Divorce Facts Divorce Grounds Residency Divorce Laws Mediation/Counseling Divorce Process Legal Separation Annulments Property Division Alimony Child Custody Child Support Divorce Forms Process Service Grandparent Rights Forum Ohio Products Divorce by County

Ohio Articles

Custody & Visitation Child Support Collaborative Law Divorce/General Financial Planning Parenting Property Division Spousal Support SEE ALL

Info Categories

Contemplating Divorce Children & Divorce Divorce, Dollars & Debt Divorce Laws Divorce Process Divorce Negotiation SEE ALL

More Information

Articles Checklists Research Center Cases of Interest Dictionary Encyclopedia Encyclopedia (pop-up) Blogs

For Professionals

Advertise With Us Free Network Page Join Our Network Submit Articles Case Management Sign In

Network Sites

Ohio Divorce Support Ohio Divorce Online

Ohio Legal Separation
Legal Separation in Ohio

Ohio makes an express provision for legal separation based on any of the same grounds as for a divorce and subject to the same processes. Filing a separation gives the respondent a chance to counterclaim for divorce. In a legal separation, the separating couples must divide jointly owned property and liabilities and arrange for the care of minor children.

Usually, in Ohio, legal separations are sought in lieu of divorce because the spouses do not meet the six-month residency requirement for a divorce.

In both divorce and separation actions, courts aim for an equitable distribution. Marital property includes all real estate and personal property acquired by either spouse during the marriage except for inheritances or gifts to one spouse. Ohio is an equitable distribution state, which means the spouses can try to come to agreement about the division of their marital property, but if they cannot, the court intervenes and considers a variety of factors to determine an equitable division.

The court considers many of the same factors when deciding spousal support, which allows each spouse to maintain approximately the same standard of living enjoyed during the marriage, subject to his or her other income. When awarding support, the court considers the spouses' income and assets, not simply marital property. Courts agree to a proposed property settlement that is fair and reasonable.

Ohio courts can award both alimony and child support in any separation case. In determining support payments, Ohio courts take into consideration a number of factors, including the parent's income, education and any physical or mental disabilities. Child support is awarded in accordance with the state guidelines and based on the income of the parents and the actual cost of medical insurance and other necessary care. In a separation, the courts enter orders deciding custody of the children based on the gold standard of child welfare - the best interests of the child, whether or not the parents or guardians agree.

The court does not deviate from the child support guidelines unless it would be manifestly unjust not to do so. Typically, courts agree with any proposed parenting plan unless it finds the agreement not to be in the best interests of the children. Before finalizing a legal separation, the court decides the parental rights of each spouse. The court considers, but is not bound by, the child's wishes.

Separation Agreement

A separation agreement is a legal binding contract signed by spouses, which is intended to resolve property, debt and child related issues. This can be a very complex and detailed document depending upon the unique situation of the marriage. Many spouses consult an attorney to provide this or they decide to prepare their own.

Grounds

Ohio grants a legal separation for any of the same grounds as divorce. These include bigamy, willful absence of the non-filing spouse for at least one year, adultery, extreme cruelty, fraud in the inducement to marriage, gross neglect of duty, habitual drunkenness, or incarceration in a state or federal correctional institution. Spouses who have been physically separated for one year can be granted a no-fault separation, but the no-fault option, incompatibility, only works when both spouses agree. The spouse who is served with a complaint for legal separation can respond with a counterclaim for divorce or annulment; when the grounds for the separation are sufficient, the respondent can elect to terminate the marriage rather than simply separate.

Residency

To file for a separation, a party must be a legal resident of Ohio for the six continuous months immediately preceding the filing, and a resident of the county of filing for the immediately preceding 90 days. However, a victim of domestic violence, filing first for a restraining order, can be exempt from the residency requirement.

Initial Procedure

The separation papers must be served on the respondent.

Start Ohio Divorce Start Your Ohio Online Divorce Today
Easy, Fast and Affordable with a 100% Guarantee.
Ohio Divorce Find Ohio Divorce Professionals in Your Area:
Join the Network
Ohio Divorce Products, Services and Solutions Ohio Divorce Products, Services and Solutions
Ohio Divorce Resources to Help You Through the Process.
Online Parenting Class Ohio Mandatory Online Parenting Class
Easy and convenient - complete at your own pace online.
Divorce and Custody Books Discount Divorce Bookstore
Over 100 Titles of the Best Books on Divorce & Custody.
Divorce Downloads Divorce Download Center
Instantly Download, Books, Manuals, & Forms.
Divorce Worksheet Free Ohio Divorce Worksheet & Separation Agreement
Your Guide to Get Organized and Put Everything in Writing.
Divorce Lawyers & Mediators
 

Find Professionals

Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
Enter Your Zip Code:

 

Start Your Divorce File for an Ohio Divorce

 

Settle Your Divorce Negotiate Your Ohio Divorce

 

Support Forum Ohio Support Forum

Children In Between - Online Parenting Class


FEATURED TOOL - 3StepDivorceTM (a complete "do it yourself" solution for any uncontested divorce)

Guarantee Official PayPal Seal Facebook Twitter Versign Secure Site
Limited Offer Women's Rights Manual For Divorce
Cover Price: $55.95
Your Price: $29.95
You Save: $26.00

"The Absolute Best Investment in Your Divorce"

Men's Rights Manual For Divorce
Cover Price: $55.95
Your Price: $29.95
You Save: $26.00

"Uncover Your Options and Unleash Solutions"