If your marriage feels at a crossroads, but you are not ready to take the final step of divorce, there is another option: legal separation.
Can you get a legal separation instead of a divorce in Ohio? The answer is yes. This allows you to live apart, establish boundaries, and sort out important issues like property, finances, and parenting as you remain legally married.
For many people, this option feels less final than divorce. It gives you space to breathe, think, and plan for the future without fully cutting marital ties. Here is what you need to know about this process.
What Is Legal Separation in Ohio?
Legal separation is not automatic when spouses decide to live apart. If you want to make it official, one spouse has to file a complaint in the domestic relations court and ask for a legal separation.
With that, the court will help resolve the same issues as those found in a divorce. These can include:
- Who gets which assets
- How debts are divided
- Whether spousal support will be paid
- Who gets child custody, visitation, and support
But there is one major difference. At the end of this process, you are still legally married.
Why Choose Legal Separation Instead of Divorce?
Every couple’s story and circumstances are different. There are many reasons to choose legal separation instead of divorce. For some couples, they might have deeply held beliefs, and divorce might not feel like an option because of religious or moral convictions.
Others might choose separation for practical reasons. For example, staying legally married can allow one spouse to keep health insurance through the other’s employer. That can make a huge difference if someone is managing a medical condition or cannot access affordable coverage on their own.
Finances often play a role, too. Some couples want to keep certain benefits tied to their marital status, like filing joint taxes or managing debts.
Some couples are not sure where they stand. They may need time and space to reflect, figure out what’s next, or attend counseling before making a permanent decision. Legal separation is a way to protect yourself and establish guidelines during that period of uncertainty.
How Does This Differ from Divorce?
While legal separation and divorce can look similar in terms of the court process, divorce will end your marriage. On the other hand, legal separation does not.
When you are legally separated, you cannot remarry. Why? In the eyes of the law, you are still married. If you later decide the marriage is over, you must file for divorce to dissolve the legal bond.
There is a silver lining to this situation. Many hard decisions, such as dividing property or sharing parenting duties, have already been made during the separation process. In turn, that can make the divorce smoother.
Is Legal Separation Right for You?
Legal separation is not the right fit for everyone. However, it can be a valuable option for couples in certain situations. It creates breathing room without requiring you to decide about your marriage. Along with that, it protects your rights and interests while you are living apart.
Find the Right Legal Option for Your Marriage
Can you get a legal separation instead of a divorce in Ohio? The answer is yes. Whether motivated by personal beliefs, practical concerns, or a desire to keep the door open for reconciliation, you may want to explore this option with a family law attorney.
At Axelrod Law Office in Lake County, OH, we can guide you through the process, explain how Ohio’s laws apply to your situation, and help you decide whether legal separation or divorce makes the most sense for you. Call our office at (440) 271-8126 or submit a contact form to schedule a free, confidential legal consultation.