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.