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There may be times when a couple wishes to settle issues that would normally be decided by a divorce decree, but for various reasons they opt to remain married. There are many reasons why a couple may choose not to file for
divorce. Those include:
- Religious reasons;
- A "trial" divorce;
- A failure to meet the six-month residency requirement for a divorce action;
- Continuation of health insurance benefits;
- Continuation of military benefits;
- Various financial reasons.
If you are contemplating a legal separation, please contact the Law Offices of David A. Looney Co. LPA at 330-785-3337, or fill out our contact form .
We serve clients in the Summit, Portage and
Medina counties of Ohio. With 30 years of legal experience, we are aggressive, equipped and prepared to fight for you and help you solve your legal problems.
When a couple chooses to legally separate they will need to address issues of property division, spousal support, child support, custody and visitation, just as if they were getting divorced. However, instead of filing an action for
divorce, an action for Legal Separation is filed.
The grounds for legal separation are the same as for a divorce. The case proceeds primarily as a divorce action, except that the parties remain married in the end. If one spouse files for legal separation, the other spouse can file a counterclaim and seek a divorce. Further, even though a legal separation may be granted, there is nothing that prevents either party from filing for an actual divorce at a later time.
A couple seeking a legal separation can enter into a separation agreement that addresses issues such as support, child custody,
support or visitation,
property division, and marital debt issues. If the parties do no enter into a separation agreement, the Court can hear testimony and take evidence to determine those issues.
The experienced family law attorneys at the Law Offices of David A. Looney Co. LPA can advise you on the best legal approach for your legal separation. Call us at 330-785-3337, or fill out our contact form.
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