If you are considering legal separation vs divorce in Ohio, you may not know which option is the best fit for your situation. Although both may seem similar on the surface, they have several differences, which may or may not make them suitable for your future goals.
Are you trying to find out the benefits of legal separation vs divorce? If so, check out this article, where we will be discussing legal separation vs divorce in Ohio, what each option means, and the pros and cons.
What Is Divorce in Ohio?
Before you move forward with one of these options, you need to understand the differences between legal separation vs divorce in Ohio and how this can impact your situation. It is no secret that the divorce process in Ohio can be quite overwhelming, so you want to ensure this is the right fit for you and your spouse.
In the state of Ohio, a divorce is the complete legal termination of the marriage and will usually involve a judge who will help with the divorce proceedings. A divorce case can also be contested, unlike dissolution, which is another option that allows you to get a divorce that is uncontested.
A legal divorce will include a court-approved agreement that covers things like property division, spousal support, child custody, and debt division.
Pros and Cons of Divorce
Many people choose legal divorce because it provides finality and allows you to move on with your life. However, this may not always be the right fit for your situation, so here are some pros and cons to consider:
- Pro: A divorce provides complete closure that allows you to move on with your life.
- Con: Divorce cases can be quite costly, especially if they are contested.
- Pro: You will be free to remarry whenever you like.
- Con: Divorce cases can be incredibly emotionally taxing, especially if children are involved.
- Pro: Divorce proceedings ensure you will not be financially connected to your ex-spouse, such as regarding debts.
- Con: Depending on the details of your divorce, you may not be satisfied with how assets and property are divided.
No matter which option you choose, you need to hire a divorce attorney in Ohio to represent your case. Whether you are legally separating or getting a divorce, whether it be contested or uncontested, you need legal representation. This ensures a fair outcome so that you can move on with your life and begin to build a new future.
What is Legal Separation in Ohio?
In Ohio, legal separation is when couples live apart but do not actually end their marriage. It allows you to establish a legal agreement regarding your separate living arrangements instead of going through with divorce, whether this be for personal or religious reasons.
When you get a legal separation, you will have a court order that helps to sort out things like spousal support, child custody, and property division. This is similar to a divorce case, except you and your spouse will still be married and cannot remarry anyone else.
Pros and Cons of Legal Separation
Depending on the situation, there are many benefits to choosing a legal separation over an actual divorce. Here is a breakdown of some of the pros and cons associated with this option so that you can compare it to your goals:
- Pro: You will be able to keep your insurance coverage since you are still legally married.
- Con: Any marital debts will remain a joint responsibility, even if one spouse is primarily responsible for accumulating it.
- Pro: Legal separation allows you to test out living separately, which can be beneficial, especially if you are considering divorce.
- Con: If you meet someone else during the separation, you are not free to remarry.
- Pro: Any property or assets accumulated after the separation will usually be considered individual property and will not be subject to division if you later decide to get a divorce.
When to Choose One Over the Other
When it comes to deciding between legal separation and divorce in Ohio, this is a very personal decision. You will need to consider the pros and cons and their relation to your specific situation and your goals for the future.
Generally speaking, legal separation is a popular option for those who do not believe in getting an actual divorce, this is often due to religious or cultural reasons. Additionally, some couples choose legal separation if they simply need time apart and aren’t ready to proceed with an actual divorce.
On the other hand, divorce is usually the better option if you know without a doubt that the relationship is over. It provides finality, which allows both parties to move on with their lives without strings attached. Especially in situations where the relationship is very strained, this is usually the only applicable option that allows you to achieve total emotional and financial freedom.
FAQ Section
Can we later convert a legal separation into a divorce?
Yes, it is a very common strategy to first get a legal separation to get your affairs in order before moving forward with a divorce.
Will we need to go to court for separation?
You may not necessarily have to go to court to proceed with a legal separation, but you will need to file your case with the court in order to obtain court orders. These court orders will outline things like spousal support and child support.
Do we need a lawyer for legal separation?
Although it is not required to get legal representation for a separation, it is recommended to ensure a fair outcome.
Is legal separation faster than divorce?
Yes, getting a legal separation is usually faster than going through the divorce process. However, keep in mind that this is entirely dependent on the situation and what your relationship is with your spouse.
Hire a Divorce Attorney in Ohio
As you can see, understanding the differences between legal separation vs divorce in Ohio is essential before moving forward. Richard P. Arthur, Attorney at Law, has extensive experience handling divorce cases across Ohio, helping individuals understand their options before making a decision. To move forward with your divorce or separation case, contact us today at 937-254-3738 for a free consultation.