Legal Separation

If you are thinking about changing your marital status, Anne Catherine Harvey can help explain the legal separation options provided by Ohio law. Lawyer Anne Harvey has helped clients with separation agreements in and around Dayton for many years. She is a strong advocate in your separation needs.

What is Legal Separation and Is It Right for Me?

Both are critical questions. Ohio law provides four options to end or change a couple’s marital status:

  • Legal separation
  • Divorce
  • Dissolution of marriage
  • Annulment

A legal separation by definition is a type of civil lawsuit. Separation does not end your marriage but rather puts your marriage on hold enabling you to work your way toward divorce if that is your ultimate goal. Separation may also be a solution for couples experiencing marital difficulties to live apart and sort out issues without ending their marriage completely. A separation may help you to work out your marital differences and come together for a fresh start. However, even in a separation, issues that should be addressed through marriage counseling or mediation include:

  • Support
  • Property division
  • Custody Provisions
  • Health Insurance
  • Child custody
  • Child support
  • Parenting Time
  • Tax Exemptions

Two Types Separation

Ms. Harvey is well versed in all matters pertaining to separation and provides valuable legal advice to address and resolve these issues.

Informal separation:

Informal separation, also known as trial separation, or simply living separate and apart, is a mutually decided separation between spouses where informal agreements have been reached. Informal separation enables couples to live separately and consider the foreseeable possibility of divorce and the issues surrounding a divorce. An informal separation may provide a “cooling off” period so both partners can seriously consider the future of their marriage.  Simply living apart may also provide relief from contention and it may also be less costly, troublesome, and less emotionally painful for most couples.  An informal arrangement where the partners are living apart does not legally terminate the marriage.  Informal separation is usually at best a stop-gap fix.

Formal separation:

Formal separation, also known as a legal separation, is a more permanent separation and usually involves the very same conflict and emotionally traumatic issues as would a divorce. Formal separation involves the filing of a case and all the steps required for a divorce, except that the marriage continues. While formal separation most often leads to divorce, couples may opt for legal separation rather than divorce in circumstances involving:

  • Religious beliefs
  • Continued financial support
  • Health care insurance coverage
  • An anniversary date of the marriage is approaching

Formal Dayton divorce separation is generally more costly with a more complicated process. For example, like divorce, a formal separation requires agreements on marital issues including:

  • Child custody
  • Child support
  • Visitation
  • Spousal support
  • Property/debt division

Dayton Divorce Separation Advice

Separation, like divorce, can cause emotionally trauma and make you feel overwhelmed. Anne Catherine Harvey understands the vulnerable position separation creates and can provide legal help. Contact us today to discuss your Dayton legal separation options.