In the State of Ohio there is no legal requirement for the parties to be separated prior to filing for Legal Separation.
A Legal Separation is just like a divorce in that the parties still divide all their assets and debts, allocate parental rights and responsibilities, and set support obligations, but in the end you are still married. The most common reason that people get legal separated is that one party’s insurance company will allow the other party to remain on the health insurance if legally separated. The insurance company will not let your spouse remain on your coverage if you are divorced. The other reason persons pursue legal separation is that of religious beliefs do not permit divorce, but the parties can’t stand each other enough to live together as spouses.
Lastly, and rarely, some people get legally separated thinking they may reconcile. The grounds are similar to a divorce and are found in Ohio Revised Code Section 3105.17. Just as in a divorce, courts are not overly concerned with the grounds for which one seeks Legal Separation. Despite their rare occurrence, people do reconcile… even after divorce.
Thinking about getting a legal separation from your spouse?
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