Divorce

A legal separation is an option for spouses who do not yet want to end their marriage but want the court’s involvement during their separation. A legal separation order (decree) can address similar issues as in a divorce, including:

• dividing property;
• spousal support;
• custody and parenting time; and
• child support.¹

You can file for a legal separation even if you and your spouse still live in the same home.²

The steps to get a legal separation are mostly similar to those for a divorce, which are listed in What are the basic steps for filing for divorce? However, there are no residency requirements. This means there is no set amount of time that you or your spouse must live in Ohio before filing for the legal separation.³

The legal reasons (grounds) for a legal separation are the same as most of the reasons listed in What are the grounds for divorce in Ohio? The only one that doesn’t apply is if your spouse gets divorced outside the state without your involvement, which is #9 in the list. That ground only applies when filing for a divorce in Ohio, not a legal separation.⁴

¹ Ohio Rev. Code §§ 3105.171(B); 3105.18(B); 3105.21(A)
² Ohio Rev. Code § 3105.17(A)
³ Ohio Rev. Code § 3105.03
⁴ Ohio Rev. Code §§ 3105.17(A)(1)-(10); 3105.01(A)-(K)