If you choose to live a separate life from your spouse but want to remain legally remarried, you could file for a legal separation. People do this for different reasons. Sometimes they want more time to work out a permanent divorce arrangement. The spouses can use this status to separate their assets and start to discuss custody and support orders. Staying legally married protects each party’s interests such as retaining medical benefits or tax advantages.
One may also choose a legal separation in a case where divorce is against their religious beliefs. If you are a military spouse, you may wish to remain married for 10 years so you can benefit from the Uniformed Services Former Spouse Protection Act, and you may also want to take advantage of certain social security benefits which require that a couple be married for 10 years.
A legal separation agreement is sometimes converted into a divorce settlement. The marriage is still valid while the legal separation is in effect. You do not have to file for legal separation before deciding whether you want a divorce or dissolution. You can proceed to choose either of these ways to end your marriage without the step of a legal separation.
Do I Need An Attorney to File For a Legal Separation?
If you believe you need an attorney to assist with a legal separation, or if you are not sure this is the direction you want to go and need questions answered before taking any action, you may want to contact a divorce attorney at Slater & Zurz LLP. Call an attorney at 1-888-534-4850 and they will assist with information about legal separation in Ohio and any other areas of family law you may have concerns about.