Getting to Know the Requirements of Ohio Legal Separation

What is a legal separation?

In Ohio, a "legal separation" is when parties to a marriage obtain a "separate order’ from the Court delineating their rights and responsibilities toward each other while remaining legally married. For many, the separate order is preferable to a divorce for a variety of reasons. The spouses are entitled to all rights and duties of marriage except for the right to decide on divorce at a later time. In fact, even if one or both spouses in a legal separation desire to remain married, they may be permitted to convert the action to a divorce proceeding so that they may be divorced in the future.
Because Ohio does not recognize the status of "Separated," much of the discussion in this blog post are framed as the difference between "Separating" and "Divorcing." Separating is not generally a recognized status in Ohio. When the Court grants a legal separation, it remains the role of the Court to determine the rights and responsibilities of the parties just as in any divorce. However, parties are still considered to be legal spouses and must rely on the Court to determine all of the issues related to the separation from the point at which the legal separation action was filed to the point of finalization of the divorce or legal separation .
The decision to separate rather than divorce is highly personal. For some, the impediments related to divorce make separation preferable. For others, divorce is a more preferable option. Separation may also be preferable to divorce for parties that are apprehensive about exposing the private details of their relationship to family, friends, co-workers, or the public at large through the divorce process. Some people prefer to limit the amount of information that enters the public realm should they proceed with separation rather than divorce, for any number of reasons.
Some parties may choose separation to later assess whether they will actually divorce. For some parties, the decision to separate itself is a step in a process where one or both parties are open-minded about whether the marriage can continue after separating.
Ohio is a "no-fault" State, meaning that spouses do not need to prove "fault" in the breakdown of disagreement, arguments, as well as the common ground for divorce (i.e.: incompatibility) to "win" a divorce. Whether legally separating or divorcing, the same reasons are available as grounds for a divorce.

Filing a Petition for Legal Separation in Florida: A How-To

Legal Separation in Florida Explained

Legal separation in Florida is an often-misunderstood term. While many states have legal separation as a status between marriage and divorce, Florida is not one of them. According to Florida Law, there is no such thing as "legal separation." You are either married or you are divorced. While you are still married, you can live completely separate and apart from your spouse, but there is no legal status for that. Furthermore, you can file for an annulment and technically be rendered never married at all. But that is somewhat different than being "separated."
Some people assume that separation is a way to avoid divorce, but this is a common misconception. You are only separated from your spouse as long as you choose to be until one spouse files for divorce. When you file paperwork with the courts for divorce, you are legally stating that you are no longer going to be married. Getting an annulment decree is also effectively saying that you are not married , but it is more like pretending the marriage never happened at all. It is technically possible to get an annulment while you are separated, under some circumstances. But as long as you are legally married, you are still legally married, even if you live apart every day.
The primary difference between legal separation, which is not available, and divorce is that in a divorce, legal documents are drafted that terminate the legal ties that exist in a marriage, effectively determining a negotiation above how to divide assets, debts and parental responsibilities. Legal separation does not divide property and debts, and you do not have to establish a parenting plan or time-sharing if you have children.
You do not necessarily have to establish a parenting plan if you have children during your separation, but it is recommended that you get some legal guidance to ensure that you are doing everything correctly. Most people who are seriously considering a divorce are already dealing with their lawyers on a full-time basis.

The Basics of the SFAA Residential Tenancy Agreement

The SFAA Residential Tenancy Agreement Explained

The Strata Finance Authority of Australia provides a simple and low-cost way for landlords to complete residential leases online, making them immediate and legally binding on both parties.
This agreement is known as the SFAA Residential Tenancy Agreement. Comprising six critical parts, the agreement allows landlords to simply and swiftly enter into an agreement with commercial parties with a minimum of fuss and without significant additional documents.
The SFAA Residential Tenancy Agreement contains the following:

  • Details of the premises to be leased.
  • Basic tenancy conditions, similar to those found in a lease from a real estate agent.
  • Details of what the premises may or may not be used for.
  • Details about the amount of rent payable and when it is due.

5 . At least 17 standard additional special conditions can be added as part of the agreement, such as special conditions relating to the use of facilities or rules that may apply.

6. Attachments relevant to the lease are included.

This easy-to-complete online form system means that once the agreement is submitted, the landlord prints off hard copies, signs it and sends a signed hard copy to the tenant for their signature. Once both parties have signed, the deal is done.
Why landlord and tenants need the SFAA Residential Tenancy Agreement
Commercial leases will often have terms and conditions that vary from business to business, so the SFAA Residential Tenancy Agreement form not only makes it simple and quick for landlords to lease their premises but also adds valuable flexibility for the type of leasing options that they can provide.

1099 Misclassification Lawsuit: How to Protect Your Rights

1099 Misclassification Lawsuit: How to Protect Your Rights

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When you’re involved in a lawsuit, one of the most common questions you may have is: “How long will this take?” The answer is, unfortunately, not a simple one. The timeline for lawsuit settlements can vary based on several factors, including the type of case, the parties involved, and the complexity of the situation. Let’s…

Can You Extend FMLA? Exploring the Options and Limitations

Can You Extend FMLA? Exploring the Options and Limitations

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Can an Employer Reduce Your Pay Without Notice? What You Need to Know

Can an Employer Reduce Your Pay Without Notice? What You Need to Know

When it comes to your paycheck, any unexpected changes can be unsettling. Imagine waking up one morning only to find that your salary has been reduced without prior notice. Is this even legal? Can an employer just cut your pay without informing you first? These are critical questions that every employee should know the answers…