In Ohio, couples often ask, “Should we get a divorce or legally separate?” Both options do involve going to court and getting court orders regarding finances, property, and custody. The long-term implications are very different. Understanding these differences is the first step toward making the right decision for your future.
At Axelrod Law firm, we help families navigate these choices. We will break down what sets legal separation apart from divorce and how to determine which option will be best for your situation.
What is Legal Separation in Ohio?
A legal separation allows spouses to live apart but still establish arrangements without ending the marriage. A separation in an Ohio court can be issued for:
- Property division
- Spousal support
- Child custody and parenting time
- Child support
In many ways, it’s very similar to the divorce process; the key difference is that you remain legally married. You cannot remarry, and some marital rights may continue during a legal separation, such as potential inheritance rights, unless they are modified or waived by court order.
Couples often choose legal separation for many reasons, including religious beliefs, keeping health insurance or other benefits, or even just needing space without permanently ending the marriage.
When is Divorce More Applicable
Divorce may be the better option when the marriage has reached a point where you both know it is not going to result in getting back together. You may be ready for a clean legal break, or you may need the long-term clarity and independence that only a divorce can provide. Divorce is often the more appropriate choice when:
- The marriage is broken and cannot be resolved.
- You want the ability to remarry in the future.
- Prior separation or temporary arrangements haven’t worked.
- You need clear, permanent legal boundaries, especially regarding property, parenting, or financial obligations.
Ultimately, divorce provides a legal ending to the marriage, allowing both spouses to close one chapter and begin the next with clarity and confidence.
Can Legal Separation Turn into a Divorce?
Yes, in Ohio, a legal separation can be turned into a divorce at any time. Either spouse has the right to file for a divorce after a legal separation, regardless of who initiated the legal separation.
When this happens, the court will review the existing separation agreement, which often includes decisions about property division, child custody, and child support. In many cases, the judge may incorporate these terms directly into the final divorce decree, making the divorce process faster and easier.
How To File for Legal Separation or Divorce in Ohio
Filing for a legal separation or divorce in Ohio requires following specific steps to ensure your rights are protected, and the process moves smoothly. While the processes share similarities, there are key differences to be aware of.
- Meet residency requirements.
- Determine the grounds for filing.
- Prepare and file court documents.
- Serve the other spouse.
- Attend all hearings.
- Finalize the decree.
- Follow post-decree requirements.
Contact Axelrod and Hellier
If you are unsure whether to get a legal separation or divorce, speaking with an attorney can help you make the right decision that fits your marriage. Contact Axelrod and Hellier to schedule a confidential consultation and get the steps to help you get what is best for you.