Legal Separations in Columbus, Ohio
A complaint for legal separation is different than a complaint for divorce or a petition for dissolution. Just as in a divorce, a court will enter an order dividing assets and liabilities and ordering payment or non-payment of support, if applicable, but the parties are still married. The responding party in a legal separation may counterclaim with a complaint for divorce. The grounds for a legal separation are the same as those for a divorce in Ohio and include the following:
- Either party had a husband or wife living at the time of the marriage from which the Legal Separation is sought;
- Willful absence of the adverse party for one year;
- Extreme Cruelty;
- Fraudulent Contract;
- Any gross neglect of duty;
- Habitual drunkenness;
- Imprisonment of the adverse party in a state or federal correctional institution at the time of filing the complaint;
- On the application of either party, when husband and wife have, without interruption for one year, lived separate and apart without cohabitation;
- Incompatibility, unless denied by either party.
There are many reasons why a couple may want a legal separation but still want to remain married, including but certainly not limited to-marital problems that one or both parties hope may eventually be resolved, for insurance purposes, etc.
If you think that you may need a legal separation call one of Dailey Law Offices’ experienced Columbus Family Lawyers today for a free consultation.