Legal separation allows married couples to live apart while remaining legally married. In Ohio, this process involves filing a petition with the court and addressing key issues like child custody, spousal support, and property division. If you’re considering legal separation, understanding the steps involved can help you prepare.
Determine eligibility
To file for legal separation in Ohio, at least one spouse must live in the state. Unlike divorce, there is no residency requirement, meaning you can file immediately after moving to Ohio. You must also have legal grounds, such as incompatibility, adultery, or extreme cruelty.
File a petition
The process starts by filing a complaint for legal separation with the domestic relations court in the county where you or your spouse live. This document outlines your reasons for seeking separation and any requests regarding property, custody, or support. A filing fee applies, which varies by county.
Serve your spouse
After filing, your spouse must receive a copy of the complaint and court summons. This can be done through certified mail, a process server, or the sheriff’s office. Your spouse then has time to respond, either agreeing to the separation terms or contesting them.
Negotiate separation terms
If both spouses agree on issues like property division, child support, and custody, they can submit a separation agreement for court approval. If disputes arise, mediation or court hearings may be necessary. The judge will review all aspects to ensure fairness.
Final court approval
Once the court finalizes the separation agreement, a judge issues a legal separation order. This order outlines each spouse’s rights and responsibilities. Unlike divorce, legal separation does not end the marriage, meaning reconciliation remains an option.