Separation Agreement Attorney

Helping You Navigate Your Separation

Deciding to end your marriage can be incredibly difficult, complicated, and emotional. For this reason, some couples prefer to spend a period of time separated rather than seek a divorce right away. In some states, a separation agreement is a contract between two parties who plan to pursue legal separation rather than divorce and is not necessarily governed by the court. However, in Ohio, a separation agreement means much more than that.

Whether you want to legally separate or divorce in Ohio, you must create a separation agreement. This document can contain decisions regarding child support, child custody, division of the marital estate, alimony, and more. It is critical to seek legal counsel when creating a separation agreement, as the issues resolved now can be the basis of the decisions in the divorce once you decide to legally end your marriage.

At Watson Kuhlman, LLC, we understand how complex and stressful the process of ending a marriage is for many couples. Whether you’re seeking a temporary legal separation or a final divorce, you need skilled attorneys to protect your best interests. You can rely on our experience, knowledge, and compassion when hiring lawyers to help you and your spouse create a separation agreement. Call now to schedule a free consultation with the compassionate lawyers at our Cleveland, Ohio law firm.

How Does Legal Separation Work in Ohio?

The term “separation agreement” is often misused in Ohio, as this type of agreement may be treated differently depending on your state. Many married couples in Ohio don’t realize they need this crucial document whether they are getting legally separated or divorced. If you’re unsure about whether you should initiate the divorce process or continue your legal separation indefinitely, it’s essential to get to know the differences between the two legal processes in this state.

In an Ohio legal separation, the couple does not formally end the marriage. They may live separate lives and need a legal order specifying how to handle child custody, division of marital property, spousal support, and other important decisions affecting their children and property.

In fact, the steps for legally separating from a spouse are nearly the same as if the couple were divorcing. The main difference is that they will still be legally married and unable to remarry without first getting divorced. This may benefit some couples who still want the ability to file taxes jointly, stay on their spouse’s health insurance policy, and avoid the religious or social issues a divorce might cause them.

Whether you want these benefits of remaining legally married or aren’t ready to make the more permanent step of initiating a divorce, a legal separation may be the right choice for you. You can remain legally separated indefinitely if this status works for you and your spouse, or you can choose to reconcile or divorce if your relationship changes over time. In the meantime, our lawyers can help you create a valid legal separation agreement.

What Should You Know About the Divorce Process in Ohio?

In an Ohio divorce, the marriage is legally dissolved. One spouse must file a complaint with the court and then serve the other spouse with divorce papers. That spouse must file a response within about a month, after which both spouses must attend a court hearing.

The couple may choose to resolve important issues – such as how to handle child support and alimony – on their own or through a final order issued by a judge. Whether or not the couple has to bring any matters before the court determines whether it’s a contested or uncontested divorce.

If you and your spouse agree on how to handle issues like spousal support, child custody, and property division, you have an uncontested divorce. Ohio law refers to this as a dissolution of marriage, a legal process that’s typically faster and simpler than a contested divorce. If you pursue a dissolution of marriage, you don’t have to spend time proving fault or negotiating parental rights and other issues with your spouse.

On the other hand, if you and your spouse cannot agree on asset division, parenting time, or spousal support, you’ll need to pursue a contested divorce. Unlike a dissolution of marriage, this type of divorce case usually ends up in court so the judge can make decisions for the couple. You’ll typically need to prove fault for your divorce, with the grounds for divorce in Ohio including:

• Adultery
• Imprisonment
• Fraudulent contract
• Willful abandonment
• Extreme cruelty
• Gross neglect of duty
• Habitual drunkenness or drug abuse

If you’re unsure if you should pursue a legal separation, dissolution of marriage, or divorce, it’s time to contact skilled family law attorneys for legal advice. Our lawyers have years of experience helping clients determine the best way to end their marriage.

It’s particularly important to get legal assistance with your case if you have minor children, as your separation agreement must address the amount of time and money both parties will spend to care for them after the divorce or legal separation. Contact our Cleveland family law firm today to discuss how to protect your children and assets as you end your marriage.

What Does a Separation Agreement Do?

The separation agreement governs how significant decisions in the divorce or separation will be handled. In many states, there is no process for legal separation, so the separation agreement fulfills this function. In these states, the separation agreement cannot contain matters related to child support and custody, as these issues would be resolved in court proceedings.

However, Ohio separation agreements work a little differently. They must address the following issues:

• Child custody, or who will retain the responsibility for physical and legal custody of any minor children in the marriage
• Child support payments, which the higher-income parent usually sends to the parent with custody of the children
• Spousal support payments for a spouse who is not prepared or able to enter the workforce
• Division of marital property, including any houses, vehicles, furniture, bank accounts, investments, and other assets
• Division of debts, such as credit cards, mortgages, and personal loans
• Which insurance policies will continue to cover which parties
• How to file taxes after the divorce, dissolution of marriage, or legal separation

These critical decisions can affect the rest of your life. This is why you should work with an attorney to craft a separation agreement before separating or divorcing in Cleveland. Our talented legal team can help represent you in negotiations with your spouse and in litigation in court if necessary. If you’re ready to learn more about legal separation in Ohio, call Watson Kuhlman, LLC for a free consultation with our trusted team.

Should You Hire Our Cleveland Legal Separation Agreement Attorneys?

At Watson Kuhlman, LLC, we know how important it is to reach favorable results in your separation agreement, especially if there are children involved in your case. The decisions you make during your legal separation can affect what the judge issues as a final order in your future divorce, so hiring lawyers who will watch out for your best interests when writing a separation agreement is critical.

You can trust our lawyers to help you make the right choices when it’s time to end your marriage, whether you decide to petition for divorce, dissolution of marriage, or legal separation. We’ve helped numerous clients with everything from mediation to litigation, so we’re prepared to fight for fair results no matter how complicated your divorce or legal separation case may be. If you’re ready to speak with caring, capable separation agreements attorneys, call our Ohio law firm today at (216) 208-7858.