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While separating might seem straightforward if your marriage is in trouble, there are crucial aspects to consider. Working with an experienced attorney can make the process smoother and ensure peace of mind.
Gavvl Law, LLC makes navigating legal separation in Ohio easier than ever. Our experienced, local family attorneys offer personalized support tailored to your unique needs, budget, and location. We’ll help you find the right lawyer to achieve your goals, ensuring a transparent, convenient, and affordable process.
Legal separation is a court-recognized action that resolves certain matters and lets two spouses live apart. It can address alimony, child support, parenting plans, and how to divide shared property.
A separation won’t end your marriage like a divorce, but it will give you breathing room and allow you to consider a divorce or reconciliation.
Although these two legal actions may accomplish similar goals, they are not interchangeable.
A divorce officially ends your legal union and makes final decisions about property division, spousal support, and child support or custody.
Filing for a legal separation involves asking the court to determine the terms of your separation. This usually means drafting and signing a separation agreement with your spouse.
While a separation agreement can be a foundation for a divorce or a dissolution, it is much less binding.
If you want to separate from your spouse legally, you can start without living “separate and apart.” You will file a complaint that lists your grounds for separation.
In legal terms, “grounds” for legal separation are the reason(s) you are pursuing this action. These reasons explain to the court why you should live away from your spouse.
Examples include:
There is no residency requirement for a legal separation in Ohio. You could decide to get a legal separation because you don’t meet the state’s 6-month residency requirement for divorce or dissolution.
Once you meet that requirement, you can use your separation agreement as a start toward your divorce.
This document is a written contract between you and your spouse, agreeing to terms that are fair to all parties. If you have children, you will devise the terms of your parenting plan, explaining custody arrangements and child support payments, if any.
You can also agree on alimony payments for one spouse to support the other if necessary.
In terms of property division, Ohio is an equitable division state, meaning shared property is split fairly, not “50-50.” If one spouse earns more, the other may take more property to balance the division.
Separation agreements may not involve the courts, but they are legally binding. You and your attorney can negotiate with your partner for reasonable and fair terms. You may not need to appear in a courtroom, but you might need to work with a mediator, an unbiased third-party actor.
Once the agreement is signed, it can be enforced in court if one spouse violates the terms.
Ready to Legally Separate?
The first step is to schedule a consultation with our team at Gavvl. This meeting will help us understand your concerns and develop a clear plan to move forward. We’re here to support you. Gavvl serves clients across Ohio, including in Columbus, Cincinnati, and Cleveland.
Or call 513-717-3083
You may not be ready to get divorced. A legal separation can provide space between you and your spouse to work on your relationship.
Other couples may oppose divorce for religious beliefs, family customs, tax incentives, insurance issues, or retirement benefits.
No. Although you are living apart from your spouse, the state has not recognized your marriage is over.
There is no legal requirement for who must move out when you separate.
This decision can be negotiated between you and your spouse, often considering factors like who will have primary custody of the children or who can more easily find alternative housing.
Additionally, other aspects such as custody, health insurance, finances, and property division can also be worked out in the separation agreement.
Once a separation agreement is signed or a decree of separation is ordered, it is permanent. Separation ends when the parties reconcile or one of them decides they want to end the relationship.
A couple can either get back together or start working on a divorce.
If you decide to move forward with a divorce or dissolution, you can use the terms of your separation agreement as a starting point in your negotiations.
However, you and your soon-to-be-ex can renegotiate the terms of your agreement. Once you make the changes you feel are fair, you can submit these to the court.
Gavvl simplifies the separation process by starting with a phone call or online questionnaire. After a 30-minute consultation with a managing attorney to discuss your needs, we assign a qualified local lawyer based on your requirements, location, and urgency, ensuring you receive the support within two business days.
You’ll have 24/7 access to your case, convenient communication with your lawyer, and the option to pay only for the needed services, making for a streamlined and stress-free separation process.
get in touch
We’re here to support you through every step of your family legal matter. The best way to move on in Ohio – Get Gavvl.
Or give us a call at 513-717-3083
