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  Ending a marriage is a difficult process and can be emotionally painful for both parties involved. Some couples opt for a legal separation before divorce. In Ohio, a legal separation allows for a couple to end their marriage, temporarily or long term, without divorcing, while agreeing on items such as division of property, child custody arrangements and spousal support. Couples may opt for a legal separation because their religion does not allow for divorce, they do not meet the Ohio residency requirements for divorce or because they are not sure they want a divorce. Legal separation ensures that everyone's interests are protected.
  
  

Rules for Filing a Separation Agreement

• Ohio requires that couples be residents of the state for six months before filing for a divorce. There are no residency requirements for filing for a legal separation. When seeking a legal separation, the plaintiff, or person requesting the separation, must file the complaint in the domestic relations division of his local court of common pleas. If your local court does not have a domestic division, file in the general division. The necessary forms and instructions can be found on local court websites (see Resources).
  
  

Separation Agreement

• In the separation agreement, both parties must agree on certain terms, such as spousal support, division of assets, child custody and visitation agreements and who will pay marital debts. If an agreement cannot be reached on any of these points, then the court will hear testimony and examine evidence to make rulings on these issues.
  
  

Dissolution of Marriage and Separation Agreements

• Ohio makes a distinction between dissolution of marriage and divorce. While the end result of both is marriage termination, dissolution is essentially a no-fault divorce. Both parties agree to end the marriage, and neither party needs to prove that the other is guilty of any of the acceptable reasons for divorce. Dissolution can prevent some of the hearings and temporary orders that are present in a divorce case, and can help a couple avoid some of the time and expense required in a divorce. Separation is the first step towards dissolution of a marriage. A dissolution petition cannot be filed until all of the issues that must be addressed (for example, child visitation, division of assets) have been agreed upon. This separation agreement must be filed with the dissolution petition and approved by the court. If all of the issues cannot be solved by the separation agreement, then one party must file a petition for divorce so that the court can resolve any outstanding issues.