For couples wishing to live apart but are not prepared to begin a divorce, obtaining a legal separation is the best option. Everyone handles the end of a relationship differently, and for some people it might be easier or more practical to live separately while remaining married. If you are interested in obtaining a legal separation and want to learn more, our firm is here to help.
Our practiced family law attorneys at Moermond & Mulligan, LLC can help you with your separation or divorce. We have a thorough understanding of Ohio family laws and we can use our expertise to help you reach your goals. Collectively, our firm has more than 50 years of combined legal experience, and we are proud to provide each of our clients with comprehensive, personalized legal solutions.
Call our firm at (513) 421-9790 to request a FREE consultation with our Dayton legal separation attorneys today.
What is a Legal Separation in Ohio?
In a legal separation, a couple remains married but may live separately. Instead of obtaining a divorce, the couple will receive a civil court order that allows them to legally divide their marital property, seek spousal support, and determine child custody or visitation. Couples may choose to live separately without obtaining a legal separation, but this document will allow them to set forth certain rights and enforce obligations usually only permitted to divorced couples.
Difference Between Divorce and Legal Separation
Unlike divorce, legal separation does not end the marriage; instead, it establishes the rights and responsibilities of each spouse during the separation period. In Ohio, legal separation can cover many issues similar to those in divorce, such as child custody, child support, spousal support (alimony), and the division of assets and debts. The process involves filing a petition with the court, where a judge will make decisions on these matters if the spouses cannot reach agreements on their own.
How Legal Separation Attorneys Help Separating Spouses and Their Families
Legal separation attorneys play a crucial role in guiding separating spouses through the legal, emotional, and financial complexities of their situation. They work with clients to clarify and protect their legal rights, helping to negotiate fair agreements on issues like property division, support, and parenting arrangements. Attorneys can also advocate for clients in court when necessary, ensuring that each spouse’s interests and the well-being of any children are safeguarded. By managing the legal paperwork, filings, and deadlines, legal separation attorneys relieve much of the stress involved, allowing families to focus on adapting to their new circumstances and fostering healthy relationships moving forward.
Services Offered by Legal Separation Attorneys
- Legal Advice and Case Assessment – Assessing the client’s situation, explaining Ohio’s legal separation laws, and providing advice on the benefits and limitations of legal separation versus divorce.
- Filing for Legal Separation – Preparing and filing the necessary petitions and documentation for legal separation with the court on behalf of the client.
- Negotiating Settlements – Assisting with negotiations related to asset division, debt allocation, spousal support, and other financial matters to create fair and reasonable agreements.
- Child Custody and Support Arrangements – Helping to draft, negotiate, and finalize parenting plans, custody schedules, and child support agreements that serve the best interests of the children.
- Mediation and Conflict Resolution – Offering mediation services to facilitate cooperative discussions between spouses, reducing conflict and the need for court intervention.
- Court Representation – Representing clients in court when negotiations fail or if a spouse contests the terms of separation, ensuring legal arguments are well-presented and rights are protected.
- Modification of Separation Agreements – Assisting clients with modifying custody, support, or other parts of the agreement if circumstances change over time, such as changes in income, relocation, or health.
- Enforcement of Court Orders – Helping clients enforce court orders if one party fails to comply with the terms set in the legal separation agreement.
- Document Preparation and Filing – Handling all necessary legal paperwork, deadlines, and filing requirements, ensuring compliance with Ohio legal procedures.
- Financial and Property Division Guidance – Providing financial counsel or referring clients to financial advisors, ensuring a clear understanding of asset and debt division and the tax implications of separation.
- Counseling and Referrals – Referring clients to therapists, support groups, or other professionals as needed to help manage the emotional aspects of separation.
At Moermond & Mulligan, LLC, our Dayton Ohio legal separation attorneys offer critical guidance and support through each step of the separation process, aiming to provide stability and clarity for clients and their families.
Why Choose Legal Separation?
Couples may choose legal separation over divorce for many reasons, one of them being separation is not permanent. Another reason may be that it is more economically feasible when dealing with a home, retirement accounts, or other investments. Legal separation may be chosen for the sake of health insurance benefits, life insurances, 401(k) accounts, and more. Other reasons to choose legal separation may include:
- Federal Benefits (Social Security or Medicare)
- Religious Purposes
- Benefit of the Children
How to File for Legal Separation in Ohio
To obtain a legal separation, you must file an action asserting why you require the separation. Grounds for a legal separation can include irreconcilable differences, abandonment, cruelty, adultery, or other issues. This process can sometimes be complicated and confusing, which is why we are here to help. Our experienced Dayton legal separation lawyers can explain the separation process to you, step-by-step, offering the legal guidance and support you need.
Contact Moermond & Mulligan, LLC to get started on your family law case today by calling our Dayton legal separation attorneys at (513) 421-9790.