Family Law Questions? Ask a Family Lawyer Online.
Much like filing for divorce, the process is much easier if the parties can reach an agreement. However, if an agreement between the parties cannot be reached, then the decisions can be left to the discretion of the court. If you cannot reach an agreement with your spouse, then you might consider filing a separation action with the domestic relations division of the local common pleas court. If your court does not have a domestic relations division, then you would file in the general division. In either event, a hearing would be set with the court for the judge to enter orders regarding all outstanding issues.
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@ Joseph. So are you saying that my wife can indeed proceed with a legal separation even if I am not in agreement to do so? Please understand, she does not want a divorce, she wants certain marital privileges. My understanding had been that a legal separation was not possible unless I voluntarily agreed to some terms with her and put my signature to it. Was my understanding wrong?
Ohio, like most states, is a no-fault state. Meaning, either party may file for divorce or separation for any reason or no reason whatsoever, with or without the consent of the other party. While consent makes the process much easier, a disagreement on whether or how to file will not stop the process.
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