LEGAL SEPARATION
LEgal Separation
What is a separation?
A complaint for separation may become necessary when the husband and wife want to live separately but do not wish for their marriage to be terminated. A separation may be granted regardless of whether the parties are living separately at the time the complaint is filed.
To obtain a legal separation in Ohio, the complaint must state the grounds for the separation. The following are the possible grounds under Ohio Law.
Ground For Separation In Ohio Divorce Courts
A Domestic Relations court may grant a spouse a legal separation for the following reasons:
- Either party had a husband or wife living at the time of the marriage from which the divorce is sought;
- Willful absence of the adverse party for one year;
- Adultery;
- Extreme cruelty;
- Fraudulent contract;
- Any gross neglect of duty;
- Habitual drunkenness;
- Imprisonment of the adverse party in a state or federal correctional institution at the time of filing the complaint;
- Procurement of a divorce outside this state, by a husband or wife, by virtue of which the party who procured it is released from the obligations of the marriage, while those obligations remain binding upon the other party;
- On the application of either party, when husband and wife have, without interruption for one year, lived separate and apart without cohabitation;
- Incompatibility, unless denied by either party.
The filing of a complaint or the granting of a decree of legal separation does not prevent either party from later filing for a divorce or annulment. This protects spouses who decide later that they wish to legally terminate the marriage.
Prohibited Actions During A Pending Legal Separation
When a complaint is filed in Portage County or Summit County Domestic Relations Court, the court will normally place mutual restraining orders into effect until the legal separation is finalized. The following are some examples of the types of things that both spouses are prohibited from doing while the case is pending.
Both spouses are restrained from:
- Selling, transferring or destroying assets;
- Threatening, abusing or interfering with the other spouse;
- Incurring further credit;
- Changing insurance coverage;
- Removing any children of the marriage from the county (Portage or Summit) where the divorce is filed.
Temporary Hearings In Domestic Relations Courts
Either spouse may ask the Domestic Relations court for a Temporary Hearing, which is typically held in front of a Magistrate, who makes orders concerning such issues as parental rights, responsibilities, and support.
The court may order one spouse to move out of the marital residence. Temporary Orders will generally remain in effect until the legal separation case ends or the Domestic Relations court modifies the terms of the Temporary Orders.
Legal Separation Proceedings In Ohio
The spouse filing the complaint for legal separation is deemed the Plaintiff and must have resided in the State of Ohio for at least six months prior to filing with the court. They would also need to be a resident of Portage or Summit County for 90 days before filing the legal separation complaint in the appropriate county Domestic Relations court.
The person being sued for legal separation is called the Defendant and has 28 days after being served with a copy of the complaint to file his or her Answer if that spouse wants to contest the legal separation. If the Defendant wants the legal separation to be awarded to him or her, then that spouse may choose to file a Counterclaim with his or her Answer.
If the Defendant does not file an answer after being served with the complaint for legal separation, the Domestic Relations court will schedule the case for an uncontested trial. The person filing the complaint (Plaintiff) must appear, with one or more witnesses, to testify about the grounds for legal separation, the value of marital assets, debts, and spousal support.
If the Defendant does file an Answer after being served with the complaint, the case is deemed contested. The Domestic Relations court will schedule one or more hearings (pre-trials) to determine which issues cannot be resolved and what action should be taken in the interim period. Eventually, a trial will be scheduled to address issues that cannot be settled in the legal separation action.
Parental Rights And Responsibilities
When children are involved in legal separations, the Domestic Relations court takes extra precautions to ensure that the children are not adversely affected by the legal separation. Most Domestic Relations courts require parents to separately attend a parenting class regarding this matter.
In addition to determining the division of assets and debts, the Domestic Relations court must also determine the allocation of parental rights and responsibilities. This includes determining whether there should be shared parenting or sole custody, visitation schedules, and the allocation of expenses for the children, including child support.
Legal Separation Attorneys In Portage County And Summit County
Our Portage County Divorce Lawyer handles all issues relating to Domestic Relations.
You can contact us at 330-296-8000 (Ravenna Office) and 330-686-2890 (Stow Office) to book your case review.
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The ohiocrimelawyer.com website is designed for general information only. Any information on this site is not to be construed as formal legal advice from a criminal defense lawyer, a DUI lawyer, a family law lawyer or estate planning, wills, trusts, and probate lawyer, nor the formation of a lawyer/client relationship. Persons accessing this site are encouraged to seek personal advice regarding their individual legal issues.
The attorneys in our law firm primarily service Portage County courts (Ravenna and Kent) from our office in Ravenna, and Summit County courts (Akron, Stow, Barberton) from our office in Stow. Cases in all other courts in North East Ohio, such as Cuyahoga County courts, are handled under specific terms and conditions.