When a marriage in Ohio starts to break down, many couples face a difficult decision: should they pursue a legal separation or go straight for a divorce? This choice isn’t just about emotions; it has significant legal, financial, and personal consequences. Legal separation and divorce might seem like similar processes at first glance, but they have key differences that affect your rights, responsibilities, and future.
What Is Legal Separation in Ohio?
Legal separation is an official court order that allows spouses to live apart while remaining legally married. Under Section 3105.17 of the Ohio Revised Code, either spouse can file a complaint for legal separation, and the other spouse may file a counterclaim for either legal separation or divorce. The court can grant a legal separation regardless of whether the couple is already living separately when the complaint is filed.
Legal Separation Similarities to Divorce
Legal separation in Ohio is not just an informal arrangement where couples agree to live apart; it involves a legal proceeding that addresses many of the same issues as a divorce. Legal separation includes dividing property, deciding on spousal support, setting child custody and parenting schedules, and determining child support. In the eyes of the law, a couple remains married after a legal separation, which can have implications for taxes, health insurance benefits, and pension rights.
The court can grant legal separation in Ohio for the same reasons that it grants a divorce. These reasons, known as “grounds,” include having a spouse living at the time of the marriage, willful absence for a year, adultery, extreme cruelty, fraudulent contract, gross neglect of duty, habitual drunkenness, imprisonment, living separately without cohabitation for at least a year, and incompatibility unless one spouse denies it.
What Is Divorce in Ohio?
Divorce is the legal termination of a marriage, and once the court grants a divorce, the marriage is officially over, and both parties are free to remarry. Like legal separation, divorce in Ohio involves resolving important matters like property division, child custody, and child support.
What Is The Divorce Process Like?
The process begins when one spouse files a complaint for divorce, and the other may respond with a counterclaim. A spouse can file a complaint for divorce even if a legal separation is already in place, and the law allows either party to request a divorce after a legal separation has been granted. The grounds for divorce in Ohio are the same as for legal separation, which means a divorce can be granted on fault-based grounds like adultery, or no-fault grounds like incompatibility.
The Big Difference: Legal Status of the Marriage
The most important distinction between legal separation and divorce in Ohio is the legal status of the marriage. With a legal separation, the couple remains legally married. That means you cannot remarry, and certain legal ties remain intact, which could affect benefits like health insurance through a spouse’s employer, survivor benefits on a pension plan, and the right to inherit as a spouse under Ohio law.
Divorce, however, ends the legal marriage completely. After a divorce is finalized, each person is free to remarry, manage their finances independently, and build a new legal and personal identity separate from their former spouse.
Why Choose Legal Separation Instead of Divorce?
Some couples in Ohio choose legal separation for practical reasons. For example, they may want to stay on the same health insurance plan, which is often not possible after a divorce. Others have strong religious or moral beliefs that discourage divorce, so they see legal separation as a way to live apart while staying married in the eyes of their faith.
There are also cases where a couple wants to separate but isn’t ready to make the final decision about ending the marriage. Legal separation can provide the space to think things through while having the court involved. It’s like a structured pause in the relationship, and sometimes it leads to reconciliation, while other times it’s a step toward divorce.
Why Choose Divorce Over Legal Separation?
For others, divorce is the only real solution. If a relationship is beyond repair and both spouses agree that it’s time to move on, divorce provides a clean break. It allows each person to start over, build a new life, and eventually remarry if they choose.
Divorce also provides clarity and closure. After a divorce, the legal relationship is over, and both parties know where they stand financially and emotionally. There’s no ongoing tie to the other person, except perhaps through shared children and court-ordered support obligations. For many, the finality of divorce is important, as it allows people to move forward.
Can Legal Separation Turn Into Divorce?
Yes, and it often does. Ohio specifically allows either spouse to file for divorce, even after a legal separation has been granted. Many couples who initially choose legal separation later decide to divorce once they realize the relationship cannot be repaired, and having a legal separation agreement can make the divorce process smoother. Many key issues, such as property division, custody, and support, may already be addressed in the separation agreement, which the court can incorporate into the final divorce decree.
Seek Legal Guidance When Choosing What’s Right for You
Deciding between legal separation and divorce in Ohio is a deeply personal choice. If you’re considering either option, it’s wise to consult with a family law attorney who can help you understand your rights, explain the legal consequences, and guide you through the process. Call Lawrence Law Office 24/7 at 614-362-9396 to schedule a consultation with our team.
