When relationships face significant challenges, Ohio couples often find themselves at a crossroads, contemplating whether to terminate their marriage or remain married but legally divide their assets and liabilities and address issues of support via a process referred to as a legal separation. While both options provide a legal framework for living apart, they have distinct differences.
What is Legal Separation?
Legal separation allows couples to divide assets, address support issues, and allocate parental rights and responsibilities without terminating their marriage. Couples may choose this option when they’re uncertain about permanently ending their marriage or when religious, financial, or family considerations make divorce less desirable. To obtain a legal separation, you must prove one of the following statutory grounds:
(1) Either party had a husband or wife living at the time of the marriage from which legal separation is sought;
(2) Willful absence of the adverse party for one year;
(3) Adultery;
(4) Extreme cruelty;
(5) Fraudulent contract;
(6) Any gross neglect of duty;
(7) Habitual drunkenness;
(8) Imprisonment of the adverse party in a state or federal correctional institution at the time of filing the complaint;
(9) On the application of either party, when husband and wife have, without interruption for one year, lived separate and apart without cohabitation;
(10) Incompatibility, unless denied by either party.
If one party to a marriage files a complaint for legal separation, the other party may file a counterclaim for divorce or annulment.
If you file for a legal separation, you must go through the same process as a divorce and reach a final agreement on all issues, or the Court will issue a decision. The sole distinction between divorce and legal separation exception is that you are STILL MARRIED at the end of the process.
Legal separation in Ohio allows couples to:
- Enter into court-enforceable agreements regarding property division, support, and /or the allocation of parental rights and responsibilities.
- May allow parties to maintain healthcare benefits (in some cases). Insurance companies may provide for the termination of benefits at the time of divorce or legal separation. So, suppose a person chooses legal separation as opposed to divorce solely so they can retain existing health insurance benefits. In that case, the person needs to carefully review the provisions of their existing health insurance policy.
- Satisfy their religious beliefs that may conflict with divorce.
Divorce in Ohio
Divorce represents the termination of a marriage and results in the termination of all legal rights/obligations devolved on persons by virtue of marriage. In Ohio, the process involves specific legal requirements and considerations that protect both parties’ interests. Ohio recognizes both fault-based and no-fault grounds for divorce, giving couples flexibility in how they choose to terminate their marriage. A divorce in Ohio:
- Terminates the marriage completely
- Divides all marital property and debts
- Allows both parties to remarry
- Typically ends shared healthcare coverage
- Requires at least one spouse to have lived in Ohio for six months
Financial Implications
Legal separation, with its inherent flexibility in managing shared resources and maintaining certain economic benefits, empowers you to make choices that suit your unique circumstances. This can be particularly important for families with complex financial situations or when one spouse depends on the other’s healthcare coverage.
Legal separation often provides more financial flexibility. Couples can agree and contract to:
- Continue filing joint tax returns
- Maintain inheritance rights (this would need to be agreed to and specified and could also be negotiated in a divorce, so not a reason for legal separation;
- Keep shared insurance benefits
Making Your Decision
The decision between divorce and legal separation requires careful evaluation of your unique circumstances. Consider these factors when choosing between divorce and legal separation:
- Future Plans: Do you see any possibility of reconciliation?
- Financial Situation: How will either choice affect your family’s financial stability?
- Children’s Needs: Which option better serves your children’s emotional and practical needs?
- Religious Beliefs: Do your spiritual beliefs influence your decision?
- Healthcare Concerns: Would losing shared insurance coverage create hardship?
Legal Requirements in Ohio
Ohio has specific procedures and requirements for divorce and legal separation to protect all parties involved, especially children.
Both processes require similar legal steps:
- Filing appropriate paperwork with the Court
- Addressing property division
- Creating parenting plans
- Establishing support arrangements
- Attending required hearings
Next Steps
Taking action requires careful planning and professional guidance. Before proceeding with either option, gather the necessary documentation and seek appropriate counsel. This will ensure you’re making an informed decision that serves your family’s best interests, and it will provide you with the reassurance that you’re not navigating this challenging time alone. Before making your decision:
- Consult with a family law attorney
- Speak with a financial advisor
- Consider family counseling
- Research both options thoroughly
- Discuss implications with your healthcare providers
Moving Forward with Confidence
Remember, there’s no one-size-fits-all solution, and what works for one family may not work for another. Focus on making an informed decision based on your unique circumstances. Professional guidance from legal and financial experts can help you navigate this challenging time and choose the path that best serves your family’s future.