Staying Married While Living Apart: Legal Separation in Ohio
Not every marriage that needs space has to end in divorce. Some couples need time apart, clear rules about money, and a plan for the kids without closing the door on the marriage itself.
Babbitt & Dahlberg Law, LLC helps Columbus-area families work through legal separation in Ohio, a court order that divides property and sets support and parenting time while the marriage stays legally intact.
Attorney C. Gustav Dahlberg is an Ohio State Bar Association Certified Family Relations Law Specialist, a credential he has held since 2011, and a Fellow of the American Academy of Matrimonial Lawyers since 2019. He understands what you need to do next. Reaching out starts a conversation about which path fits your family’s needs.
A legal separation decree in Franklin County covers the same ground a divorce does, without ending the marriage. It can set:
Couples may choose this route for religious reasons, to protect a spouse’s health coverage, or simply because they are not ready to end the marriage. Once a judge signs the decree, it can be enforced the same way a divorce decree can.
Under Ohio Rev. Code § 3105.17, either spouse can file for legal separation. The grounds are the same for divorce, including incompatibility, adultery, extreme cruelty, or living apart for a year. Ohio does not require spouses to already be living apart, and there is no six-month residency rule, only the usual 90-day county filing requirement.
Fault-based grounds need a hearing and a witness to confirm the facts. Filings in Columbus go through the Franklin County Domestic Relations Court at 373 South High Street.
Gus Dahlberg has practiced family law in Ohio since 2001 and draws on that experience to help clients weigh which option fits their goals.
No. A legal separation keeps you legally married while a judge divides property, sets support, and arranges custody. Neither spouse can remarry unless the case later converts to a divorce.
It depends on whether you and your spouse agree on the terms. Contested cases involving disputed grounds or property division take longer than cases where both sides already agree.
It can. Because you stay married, a spouse may be able to remain on the other spouse’s health plan in ways a divorced spouse cannot, though this depends on the specific policy.
Choosing between legal separation and divorce affects your finances, your health coverage, and your children for years to come. Our Columbus family law attorneys at Babbitt & Dahlberg Law, LLC help clients weigh both paths and build an agreement that holds up in court. Contact us today to talk through what legal separation in Ohio could mean for your family.
The road to a divorce or dissolution in Columbus, Ohio isn’t easy — or even predictable. That’s why choosing an
attorney you can trust, with decades of experience in Ohio family law, is the first best
decision you can make.
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Columbus, OH 43214
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