Legal Separation vs. Divorce in Ohio – Is there a Difference?
Last updated on May 2, 2025
Legal separation in Ohio is one of the most misunderstood legal issues in family law. Couples considering this step will need reliable legal support to understand if it is right for them.
Greco Law provides each client with professional and aggressive representation. We strive to remain sensitive to our clients’ unique concerns and goals. Our more than 50 years of combined experience have equipped us to address issues in family law, including legal separation.
What is Legal Separation?
Legal separation is an option for couples who want to live apart without ending their marriage. Unlike divorce or dissolution, legal separation does not terminate the marriage. Instead, it allows couples to establish legal agreements about living separately.
In Ohio, you have two ways to end a marriage legally: dissolution and divorce. Both result in you no longer being married, but differ in process. Dissolution requires both spouses to agree on all terms before filing. Divorce, however, involves a judge making decisions if you and your spouse cannot agree.
Legal separation can be beneficial for those who choose not to divorce for religious or personal reasons. Like divorce, it involves a court order that addresses important matters like child custody, support and property division. However, because the marriage is still intact, spouses cannot remarry.
Advantages and Disadvantages of Legal Separation
With legal separation, couples can maintain health benefits and more easily reconcile. Any property acquired after the legal separation is typically considered individually owned, which can be advantageous if divorce occurs later.
However, there are potential challenges. Legally separated couples may face tax complications, as they are still married in the eyes of the law. Also, debts may remain a joint responsibility, even if one spouse had no part in incurring them.
How to File for Legal Separation in Ohio
Filing for legal separation in Ohio involves a few critical steps and understanding the grounds on which you can base your request. Here’s what you need to do:
- File the relevant documents: You must file a complaint and present documents to prove you have a valid legal reason to seek separation. Common reasons include adultery, negligence, imprisonment and extreme cruelty.
- Serve your spouse: After filing, you must provide your spouse with a copy of the complaint and a summons. This is known as “service of process” and can be done through certified mail, personal delivery or by hiring a process server.
- Attend court hearings: The court will schedule hearings to review your case. Both you and your spouse will have the opportunity to present your sides.
- Receive the court order: If the court finds your grounds valid and all issues are resolved, it will issue a Decree of Legal Separation. This document outlines the terms of your separation, including custody, support and property matters.
Remember, legal separation can be complex, so it may be helpful to consult with a family law attorney to guide you through the process and ensure your rights are protected.
How Long Does a Legal Separation Last?
A legal separation in Ohio has no set expiration date and can last indefinitely. It continues until either spouse ends it by reconciling, filing for divorce or converting the separation into a dissolution.
Can You Modify an Order for Legal Separation in Ohio?
You can modify an order for legal separation in Ohio if circumstances change significantly. Either spouse can request a modification of the terms related to child custody, child support, spousal support or property division.
To modify the order, you must file a motion with the court, explaining the changes in circumstances and why a modification is necessary. The court will review the request and determine if the modifications are justified.
Contact Greco Law Today, and Learn How We Can Help
We can provide invaluable assistance throughout the legal separation process in Ohio. Our legal team can help you understand your rights and obligations, ensuring you make informed decisions.
We can guide you in preparing and filing the necessary documents, such as the complaint for legal separation while addressing crucial issues like child custody, support and property division. Contact our office online or call 614-963-9154 to set up an initial consultation to discuss your legal separation questions.