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Legal Separation in Ohio

September 18, 2008

Legal Separation in OhioColumbus Ohio Legal Separation Attorney article about legal separation in Ohio.  Virginia Cornwell is an Ohio State Bar Association Certified Family Relations Specialist.

In order to file for Legal Separation in the state of Ohio, one of the following statutory grounds must exist:

(1) Either party had a husband or wife living at the time of the marriage from which legal separation is sought;

(2) Willful absence of the adverse party for one year;

(3) Adultery;

(4) Extreme cruelty;

(5) Fraudulent contract;

(6) Any gross neglect of duty;

(7) Habitual drunkenness;

(8) Imprisonment of the adverse party in a state or federal correctional institution at the time of filing the complaint;

(9) On the application of either party, when husband and wife have, without interruption for one year, lived separate and apart without cohabitation;

(10) Incompatibility, unless denied by either party.

Legal Separation Lawyers in ColumbusThe question a person must ask themselves before filing for Legal Separation is – what is it you hope to accomplish?  People have many reasons for asking about it, but often find out that it does not provide the solutions they hoped for.

COLUMBUS OHIO LEGAL SEPARATION ATTORNEYSSome people hope that they will somehow get their spouse’s attention them and force them to deal with marital difficulties.  Unfortunately, the spouse who has been unwilling to deal with marital difficulties for years rarely changes their ways once a complaint for legal separation has been filed.  Instead, they are more likely to respond with a counterclaim for divorce and end the marriage.  Take it from a divorce lawyer – legal separation is no way to save a marriage.

Others seek legal separation because their religion does not condone divorce.  Unfortunately, most religions that abhor divorce also abhor adultery.  So unless a life of celibacy is the plan, religous problems are still an issue with legal separation.

Columbus Legal Separation LawyerOccasionally people seek legal separation because they cannot continue to live with their spouse but wish to continue to provide health insurance or other benefits which they can only give to a spouse.

Whatever the reason, people considering legal separation must ask themselves this question:  If my spouse agrees to a legal separation, how long am I willing to live in limbo before deciding that I must seek a divorce?  A divorce may mean a second round of litigation and attorney fees.

Before filing, people should consider whether they want to save their marriage, end their marriage, or put it on long term hold.

Columbus Ohio Legal Separation or Divorce AttorneysYou may also be interested in our “Divorce in Ohio” series by a Columbus Ohio Divorce Lawyer and Columbus Ohio Divorce Attorney about the process and options for ending your marriage in Ohio, and about Ohio divorce laws.

The first five articles in the series can be seen here, but there are many more:

Part 1, Part 2, Part 3, Part 4, Part 5

In addition to the installments in the Divorce in Ohio Series (see links at top of the page), you may also find the following topics, which relate to divorce, to be helpful.

Adultery, Annulment, Alimony (Spousal Support), Best Interest of the Child, Child Custody, Child Custody Jurisdiction, Child Support (deviation), Child Support (how much), Child Support (how to pay), Child Support (lower), Child Support (myths), Child Support (resources), Child Support (sign up),Contempt, Dissolution, Divorce Basics, Divorce Myths, Foreclosure Mediation, Grandparents, Guardian ad Litem, House, How Long Your Divorce May Last, International Abduction, Mediation, Moving, Packet of Forms vs. Getting a Lawyer, Prenuptial Agreements (Antenuptial Agreements), Shared Parenting, Temporary Orders, Temporary Orders Affidavits, Where to File for Divorce

DISCLAIMER

Comments

  1. C says

    December 24, 2021 at 7:35 am

    I need advice on legal separation. I’m bipolar and my husband treats me bad verbally abusive

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Read this before you read our website

1. This site applies to the state of Ohio and matters of federal law only.

2. The info on our site is not legal advice because we don't know the facts of your case. If you want legal advice, you must meet with a lawyer.

3. Reading this website or sending documents to us does not create an attorney-client relationship and information or documents you give us will not be kept confidential unless you call us, tell us who is involved in your case, and let us do a conflict of interest check.

AREAS OF PRACTICE

  • Annulment of Marriage
  • Appeals
  • CERTIFIED SPECIALIST – OSBA Certified Family Relations Specialist
  • Child Support
  • Columbus Ohio Collaborative Family Law
  • Contempt of Court
  • Custody
  • Dissolution of Marriage
  • Divorce
  • Divorce & Alimony
  • Divorce & Assets
  • Divorce & Business Owners
  • Divorce & Child Support
  • Divorce & Custody
  • Divorce & Professional or Medical Practice Owners
  • Family Law
  • Father's Rights
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  • Legal Separation
  • LGBT Family Law, Divorce, Custody
  • Military Divorce
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  • Ohio Collaborative Divorce
  • Parental Alienation
  • Paternity
  • Post-Decree Modifications
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  • Shared Parenting
  • Temporary Orders in Ohio
  • Uncontested Divorce
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  • Ohio LGBT Shared Custody Agreements: Get it in Writing!
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From our downtown Columbus offices we serve clients throughout Ohio. We also service areas such as Gahanna, Bexley, Blacklick, Columbus, Dublin, Hilliard, Lancaster, Westerville, New Albany, Pickerington, Powell, Upper Arlington, Worthington, Lancaster, Franklin County, Fairfield County and more. In addition, we serve clients in several Ohio Counties, including, but not limited to: Franklin County, Delaware County, Licking County, and Fairfield County.

Ohio State Bar Association Certified Family Relations Specialist

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  • Adoption (4)
  • Alimony or Spousal Support (3)
  • Annulment (5)
  • Appeals (3)
  • Child Custody (39)
  • Child Support (15)
  • Civil Protection Orders & Domestic Violence (3)
  • Collaborative Divorce (1)
  • Contempt & Enforcement (12)
  • Dissolution , Amicable Divorce, No Fault Divorce (15)
  • Divorce (45)
  • Emergency Custody and Supervised Visitation (3)
  • Father's Rights and Paternity (12)
  • Grandparents Rights in Ohio (14)
  • Guardian ad Litem (3)
  • High Asset Divorce (2)
  • Interstate Family Law (2)
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  • LGBT Family Law (6)
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  • Moving and Relocation (10)
  • Ohio County Visitation Schedules (86)
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  • Psychological Evaluations (2)
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  • Step-Parent Adoption (1)
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  • Uncategorized (14)
  • Uncontested Divorce (2)
  • Unmarried Parents (6)
  • Visitation (6)

Recent Posts:

  • Appealing Your Ohio Family Law Judgment Entry
  • The Ohio LGBT community’s new right to marry also means the right to step-parent adoption
  • Ohio LGBT Shared Custody Agreements: Get it in Writing!
  • Columbus Ohio Same Sex Divorce Lawyer & Prenuptial Agreement Lawyer
  • Same Sex Divorce in Ohio: U.S. Supreme Court Strikes Down Bans on Same Sex Marriage

From our downtown Columbus offices we serve clients throughout Ohio. We also service areas such as Bexley, Blacklick, Columbus, Delaware, Dublin, Gahanna, Hilliard, Lancaster, Marysville, Westerville, New Albany, Newark, Pickerington, Plain City, Powell, Upper Arlington, Worthington, Lancaster, Zanesville and more. In addition, we serve clients in all Ohio Counties, including, but not limited to: Franklin County, Delaware, Licking, Logan, Fairfield, Union, Marion, Muskingum, Pickaway, Ross, Richland, Madison, Morrow, Knox, and more.

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Law Offices of Virginia C. Cornwell
408 Emory St
Columbus , OH , 43230
(614) 225-9316
Latitude: 40.00734
Longitude: -82.84535