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Although Ohio is one of the states that recognizes legal separation, it is not a requirement for seeking a divorce. You need not have lived apart from your spouse for any amount of time or even at all (whether formally or informally).
Ohio is an equitable distribution state, which means that if a court is involved in your property division and divorce case, it will attempt to divide your marital assets in a fair, equitable manner. Unlike community property states, there is not a guarantee that either party will receive 50% of the marital assets.
To get a no-fault divorce in Ohio, both spouses have to agree that they are incompatible with each other. Most people who file for divorce in Ohio list incompatibility as the reason their marriage is ending.
It just allows you and your spouse to put legal agreements in place about how you will handle no longer living together. Some people choose legal separation because they dont want to divorce for religious or other reasons. You do not have to be legally separated before you file for divorce.
(A) Any summons in an action, including a claim for possession, pursuant to this chapter shall be issued, be in the form specified, and be served and returned as provided in this section. Such service shall be at least seven days before the day set for trial.
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The court presumes that the spouses contribute equally to all the marital property they acquire during the marriage. At divorce, the court divides the marital property equally between the spouses unless an unbalanced result is more equitable. The court can include either spouses separate property, too.
(C)Time: Motion (1)Motion responses and movants replies generally. Responses to a written motion, other than motions for summary judgment, may be served within fourteen days after service of the motion. Responses to motions for summary judgment may be served within twenty-eight days after service of the motion.
Unlike in some other other states, Ohio does not require that couples obtain a legal separation before getting a divorce. However, legal separation is an option if neither party desires to remarry.
Being the First to File Does Not Impact Child Custody In custody matters, the Ohio courts always focus on protecting the best interests of the children involved.
If there is any chance of a reconciliation, filing for divorce will likely end it. If you are sure the marriage is over, filing first can be beneficial. But filing first can end up being a tragic decision if your marriage could have ultimately been saved over time or through counseling.

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