Legal Separations
There is a lot of confusion about this subject. Many people will separate informally when one spouse moves out of the marital residence. This is not a "legal" separation. In Ohio, a legal separation is a proceeding when a spouse files a Complaint in the Divorce Court requesting a Decree of Legal Separation and the Court orders a division of all assets/debts and determines all of the financial issues, including alimony, but the marriage continues. So, in most ways it is a legal proceeding identical to a divorce action, but in the end, the marriage is not terminated. Most often legal separations are pursued in cases in which the parties wish to retain the marital status for reasons such as maintaining health and hospitalization insurance, avoiding the stigma of "being divorced" or due to religious beliefs.
There has been a significant decline in the popularity of these actions over the past decade or so, due in great part to most health insurance companies no longer providing coverage to the non-employed spouse if there has been a decree of legal separation issued. So, if the objective to go this route is to split-up and keep health insurance coverage for the "spouse," be forewarned that you had better thoroughly investigate the exclusions from coverage with the carrier before proceeding. In addition, after the parties have lived separate and apart without cohabitation for a period of a year or more, either party can then file a new action in Court requesting a divorce and that the marriage be terminated. Therefore, the process is started all over again for a second time. Courts dislike legal separations because of docket congestion. They don< generally want to deal with the same case twice when a traditional divorce proceeding would have wound it all up in one action.
The grounds for granting a legal separation are identical to those required to be established in a divorce proceeding.
- may grant a decree of legal separation based upon proof of one of the following grounds:
- Either party had a husband or wife living at the time of the marriage from which divorce is sought;
- The willful absence of the adverse party for one year or more;
- The adverse party has committed adultery;
- The adverse party has committed acts of extreme cruelty;
- Fraudulent contract;
- The adverse party has committed acts of gross neglect of duty;
- The adverse party is habitually drunk;
- Imprisonment of the adverse party in a state or federal penal institution at the time of filing the Complaint for Divorce;
- Procurement of a divorce outside of Ohio by a husband or wife, by virtue of which the party who procured such divorce is released from the obligation of the marriage while those obligations remain binding on the other party;
- On the application of either party when the husband and wife have without interruption, for one year, lived separate and apart without co-habitation; or
- Incompatibility (unless denied by the adverse party).
In 2007, recognizing the need for the public to have around-the-clock access to valuable Ohio divorce and family law information, we started publishing the Ohio Family Law Blog. Our attorneys are very passionate about family law issues. That fact is apparent if you take a bit of time reading their blog articles. We have posted articles on a wide variety of family law topics, including ones on the subject of obtaining a legal separation.
Although in some unusual situations obtaining a decree of legal separation is advisable, it is not generally recommended. We would welcome an opportunity to discuss your circumstances in detail. Please don't hesitate to call us at (937) 293-2141 or email us by clicking here if you are considering a legal separation, or have been served with divorce papers. Additionally, we have an emergency phone number, (937) 760-4357, that is answered by one of our divorce lawyers around-the-clock.
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