Legal Separations in Columbus, Ohio

Columbus Legal SeparationA 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;
  • Adultery;
  • 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.