Protect Yourself and Keep Trying at the Same Time. Legal separation is available to parties who do not wish to have a divorce granted, but do want to separate assets and liabilities and resolve issues relating to children and spousal support, or perhaps want to negotiate a settlement prior to additional deterioration for the relationship.

The procedure is very similar to the procedure for divorce, with the exception that the relief requested is for legal separation, and not a termination of the marriage.

There are many reasons I often have clients inquire about this option.  Some clients are not ready to completely call it quits on their marriage, but are concerned about protecting themselves in the event of divorce.  Another reason legal separation may be preferable over divorce is for a client’s religious beliefs, or if one spouse suffers from a medical condition and is unable to obtain the same level of insurance on their own outside of the marriage.

Dissolution is a less expensive option than divorce and is the best option when both parties are sufficiently prepared and willing to work together. For both parties, cooperation towards the goal of separating must be top priority.

A dissolution of marriage process may eliminate much of the divorce process and expense. Unlike a divorce, fault grounds are not at issue. Dissolution is often thought of as no-fault divorce.

A divorce is a contested hearing wherein one spouse alleges that the other has been “at fault” under one of the statutory grounds for divorce permitted under Ohio law.

According to Ohio law, “fault” grounds include adultery, willful absence for more than one year, extreme cruelty, habitual drunkenness, gross neglect of duty, fraudulent contract, imprisonment in a state or federal penal institution, and procuring a divorce outside of Ohio if the Ohio spouse is still bound to the marriage.

Divorce should be the process pursued instead of dissolution in the following situations:

1. A party needs immediate relief from the court;
2. A party is absent from the jurisdiction (and unable to negotiate) or a party is unwilling to negotiate;
3. When there is significant concern a party is hiding assets; or
4. When certain custody issues or concerns are present.

A divorce action is required when custody issues or concerns involve a party threatening to remove children from the court’s jurisdiction, withholding visitation, or threatening to harm the party or the party’s children.

A divorce cannot be granted, however, unless the testimony of the complaining party is supported by a witness.  Thus, a “non-contested divorce” requires you to bring a witness to court to testify that “grounds” exist to support the divorce.  While other states have adopted a “no-fault” statutory scheme, the only true “no-fault” grounds for divorce permitted in Ohio Law are “living separate and apart for one year without interruption and without cohabitation” and “incompatibility” not denied by either party.

Annulment is rarely used because it can only be used to terminate a marriage in very specific situations.

The reasons allowed are as follows:

1. One of the parties is under the legal marriage age (18 years old for men, and 16 years old for women);
2. One spouse is already married to another person;
3. One party is adjudicated mentally incompetent;
4. One party obtained consent through fraud or by force; or
5. Where the marriage was never consummated.

If one of the above matches your legal situation, then this type of marriage cancellation may be the correct avenue for ending your marriage.  If not, then you will likely need to use one of
the other procedures: Legal separation, dissolution, or divorce.