If you’re considering divorce in Ohio, you might wonder whether you must live apart from your spouse before you can file. Does Ohio require separation before divorce?
Unlike some states that make couples wait or legally separate before they can officially end their marriage, Ohio allows you to file for divorce without any mandatory separation period.
However, separation can still play a role in the divorce process, depending on your situation. Let’s find out what you need to know about Ohio’s divorce laws and how living apart could impact your case.
Is Separation a Requirement for Filing Divorce?
The short answer is no. Ohio law does not require couples to live apart before filing for divorce. You can file while still living under the same roof.
However, living separately could become important depending on the circumstances of your case. That can happen if you’re using “living separate and apart” as grounds for divorce.
While separation is not a legal requirement, it may be a practical step for some couples. This process can provide space, reduce conflict, and set clear financial and parenting boundaries while working through the process.
Does Separation Affect a Dissolution of Marriage?
In Ohio, there are two ways to legally end a marriage: divorce and dissolution of marriage.
Divorce is a contested process where one spouse files a lawsuit against another. This is used when spouses cannot agree on major issues like property division, child custody, or spousal support.
Dissolution of marriage is an uncontested process. That means both spouses agree on all terms before filing. A dissolution is usually quicker, less expensive. Along with that, it is less stressful than a contested divorce.
For a dissolution of marriage, spouses do not have to be separated beforehand. However, they must agree on everything before filing. If there are any disagreements, divorce may be the only option.
Can Separation Play a Role in the Process?
Even though Ohio does not require separation before filing, it might come into play in some situations. For example, if you choose a ground for divorce, the state allows both “fault” and “no-fault” divorces.
However, one of the no-fault grounds is that spouses have lived “separate and apart” for at least one year. While not required, this can be an easier way to get divorced without proving wrongdoing.
Also, living separately before divorce establishes financial independence. This can make it easier to determine asset division, spousal support, and child support.
Finally, it can be easier to make child custody arrangements. If you and your spouse share children, a period of separation might give you a chance to work out parenting schedules. During this time, you can see what works best before finalizing custody agreements.
Legal Separation Is an Alternative to Divorce
If you’re not ready to divorce but don’t want to continue living as a married couple, legal separation is an alternative.
Unlike an informal process, this type of separation is a court-recognized status. With that, the spouses live apart but remain legally married. That allows couples to set legal agreements for property division, child custody, and support while staying married.
Some people choose legal separation instead of divorce for religious reasons for financial benefits, such as health insurance coverage
Find the Option That Works for Your Situation
You may want to speak with a family law attorney if you’re considering divorce. They can help you learn more about the best options for your situation.
Whether you choose to separate first or file right away, at least you know which paths may be available for you. If you would like to learn more, the team at Axelrod Law Office in Lake County, OH, is ready to help. Call our office at (440) 271-8126 or submit a contact form to schedule a free, confidential legal consultation.