Legal Separation in Toledo, Ohio

Legal Separation

When couples are struggling within their marriage, divorce is not the only path that people choose to take. Aside from divorce or dissolution, legal separation may be a practical solution. In many situations, getting a divorce or wanting a legal separation deals with the same issues that couples were facing within their marriage.

The fundamental difference between a divorce and a legal separation is that once the court proceedings for a legal separation are complete, you are still married – unlike in a divorce where the couple is no longer married. A legal separation can provide you with a different alternative than ending your marriage which may be beneficial to you in your particular circumstance. Attorneys for legal separation in Toledo, Ohio at Affordable Family Law can help you navigate the pros and cons of this alternative to see if it is the right choice for your unique situation.

Remain Married, But Live Separately

In short, when you obtain a legal separation, you remain married to your spouse but you live separately from them. Your marriage does not legally end, but the court issues specific orders regarding fundamental parts of your joint union. These orders will include factors such as:

• Parental rights and responsibilities
• Child support
• Spousal support
• Division of property

The steps to obtain a legal separation are similar to obtaining a divorce. After you have gone through the process and the court has granted you legal separation, both parties must follow the orders the court has given in regard to the factors listed above. These aspects must be settled between the two parties to move forward with a legal separation.

Grounds for Legal Separation in Ohio

Each state has different procedures and considerations when granting legal separations or divorces. In Ohio, you need reasonable legal grounds for wanting to separate from your spouse. You can file a petition with the courts for your separation while you are either still living together or have already started living apart. Appropriate legal reasons, or grounds, for filing for a legal separation often can include:

• Adultery
• Over one year of a party being purposefully absent from the marriage
• Abuse or extreme cruelty
• One party is in jail or prison when the petition is filed
• Already have been living separately for over a year
• Irreconcilable differences or incompatibility

If one or more of these reasons have been met, you can file a petition with the courts to get started on a legal separation.

Why Choose a Legal Separation?

When you want to permanently divide your assets and property and live separately, but remain married for different reasons. The couples in these situations choose to go with a legal separation rather than a full-blown divorce. Choosing to remain married but live separately due to a legal separation could be due to reasons like tax incentives, insurance issues, religious beliefs, family customs, or retirement benefits. If you choose to get a divorce after a legal separation is in place, those documents and agreements can be used to complete a divorce. Legal separation is taken very seriously in Ohio and the action taken is similar to divorce. In summary, support, parenting plans, income, debts, and property are divided into legal separations but you are still legally married and able to live separate lives.

Length of Legal Separations

Once you have obtained an official legal separation from the courts, it is in effect indefinitely. If you wish to no longer have it in place, you can appeal for a reconciliation or take the steps to end your marriage through a legal divorce. After it has been granted, you are able to stay separated for as long as necessary. Legal separation is not just about living apart from each other. It has to go through the court systems with specific plans drawn up for both parties to adhere to, but there is no time limit on it. These legal documents help to hold each party accountable for what they agreed to do and divide during this time of separation – however long you and your spouse want it to be.

Separation, Divorce, and Remarriage

It is important to note that during a legal separation, you cannot get remarried until you have filed for a divorce and the divorce has been finalized. At some point during the separation, you and your spouse may decide to take the steps to go through a divorce. Since many documents, procedures, and legal plans had to be drawn up in order to have your legal separation approved, a divorce can tend to move quicker when a legal separation is already in place. Every situation is uniquely different, and these proceedings can help you find what you are looking for in your life and your relationships with legally binding factors put in place to help protect your rights. Knowing the nuances of these procedures can help you determine which move is the best choice for you and your family moving into the future. If you are hoping for a legal separation, the attorneys at Affordable Family are here to assist you.

How an Affordable Family Law Attorney Can Aid You in Toledo, Ohio

When it comes to any legal proceedings, it is important to have strong legal representation to ensure these procedures are done right. Protecting yourself and your family at an affordable rate is what Affordable Family Law in Toledo, Ohio is known for. These well-versed attorneys know how to navigate you through these processes and can help you determine which course of action will be the most beneficial for you in your individualized situation. We are here to advocate for you and ensure the best possible outcome if you choose to pursue a legal separation. To explore your options and get the best legal advice in Toledo, be sure to contact us at Affordable Family Law. We are here to answer any questions you have and help you navigate these challenges to find you the best legal path moving forward.