Legal Separation

Columbus and Delaware, Ohio Legal Separation Attorney

If you are contemplating legal separation in Columbus or Delaware, Ohio, contact Johnson Legal, LLC and speak with an experienced Columbus and Delaware, Ohio divorce attorney. Attorney David Johnson of Johnson Legal, LLC will discuss your case and assist you in preparing for your legal separation case. Call Johnson Legal, LLC at (614) 987-0192 or send an email to schedule a consultation regarding your legal separation.

What is a Legal Separation in Ohio?

A legal separation in Ohio is identical to a divorce except for one crucial difference: when it is finished, the parties technically remain married, but live separately. In order to file an action seeking legal separation, one of the parties must allege one of the following grounds:

  • Either party had a husband or wife living at the time of the marriage from which divorce is sought
  • Willful absence for a year
  • Adultery
  • Fraudulent contract
  • Extreme cruelty
  • Gross neglect of duty
  • Habitual drunkenness
  • Imprisonment
  • Procurement of a divorce outside Ohio
  • Living separate and apart for one year, and incompatibility

These grounds are the same as for a divorce. However, one does not have to have been resident of Ohio for at least 6 months as is required in an action for divorce.

Why Seek Legal Separation Instead of a Divorce?

Several reasons exist for why a spouse may file an action for legal separation. One of the primary reasons that couples seek a legal separation instead of a divorce is based on religion. However, this is not the only reason. Some couples may consider this option because of health insurance coverage. However, it is important that you review your policy carefully as some health insurance policies terminate if there is a legal separation.

A final reason to file for legal separation instead of divorce is because the parties cannot satisfy the residency requirements for a divorce in Ohio. For example, one spouse moves to Ohio while the other spouse remains in another state. To insure that the divorce process will occur in Ohio rather than another state, jurisdiction can be established in Ohio by filing for a legal separation. It can then be converted into a divorce action once the residency requirements are satisfied.

Ohio Legal Separation Process

Once an action for legal separation is filed, the case will proceed in the same manner as a divorce. Temporary orders will be issued regarding child custody, child support, parenting time, etc. Discovery will be conducted and if a settlement is not reached, a trial will occur.

Legal Separation Attorney – Columbus and Delaware, Ohio

If you are contemplating legal separation in Columbus or Delaware, Ohio, contact Johnson Legal, LLC and speak with an experienced Columbus and Delaware, Ohio divorce attorney. Attorney David Johnson of Johnson Legal, LLC will discuss your case and assist you in preparing for your legal separation case. Call Johnson Legal, LLC at (614) 987-0192 or send an email to schedule a consultation regarding your legal separation.