James D. Miller II, Esq.
The Miller Firm, LLC
Dayton, Ohio Legal Separation Attorney
Ending a marriage can be both confusing and emotional. The Miller Firm's Dayton, Ohio legal separation lawyer is committed to providing each of its clients with diligent, compassionate representation that is both affordable and efficient. The Miller Firm strives to fully understand the unique issues and complexities of every case in order to achieve a favorable result. If you need legal help with any divorce, child custody, or other family law matter, contact The Miller Firm today at (937) 259 - 8031 for a free consultation.
What is a legal separation?
A legal separation is filed in much the same way as a divorce. Many of the grounds for a legal separation are the same as a divorce as well. These include incompatibility, having lived separate and apart for more than one year, extreme cruelty and gross neglect of duty. Further, the same issues are in play in both divorces and legal separations, including spousal and child support as well as child custody and visitation. Additionally, the court will also consider division of the parties' assets and debts in a legal separation. If contested, after the complaint for legal separation is filed, the other party will have the opportunity to answer the complaint and, in some instances, file a counterclaim for divorce. If uncontested, the parties may file an uncontested complaint for legal separation and present their agreement to the court for approval, much like in an uncontested divorce hearing or a final dissolution hearing. The main difference between a divorce or dissolution and a legal separation is that in a legal separation, the marriage does not terminate.
Why get a legal separation rather than a divorce or dissolution?
There are a variety of reasons why someone may desire a legal separation as apposed to a divorce or dissolution. For example, the parties may want to live in separate households without legally ending their marriage due to religious obligations or societal concerns. Another reason for legal separation as opposed to divorce is that the parties may simply not be ready to officially end their marriage.
Call The Miller Firm at (937)259-8031 or complete the form below for a case evaluation.