How to Prepare an Ohio Legal Separation Agreement
A separation agreement or a property settlement agreement is merely a written document between a husband and wife that puts into writing the rights and issues such as alimony and child custody. Other matters a separation agreement will address include child visitation, division of real and personal property, education of the children, insurance, tax returns and retirement benefits. Separation and divorce laws differ from state to state; it is important to know the laws that pertain to your particular jurisdiction.
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Things You'll Need
- All financial information of the husband and wife All property information of the husband and wife Sample separation agreement form Copy of Ohio Revised Code
Instructions
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Familiarize yourself with the statute that governs separation and divorce in that jurisdiction. Ohio Revised Code Section 3105.01 delineates the grounds for divorce that must be plead in any divorce action. Section 3105.63 discusses the general separation agreement provisions. Section 3119.02 identifies the calculation of child support and the basic child support schedule. Read over these sections and identify which ones you will need for ready reference as you are preparing each section of your separation agreement.
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Talk with your spouse about the terms of the agreement. This discussion should include with whom the children will live, set times for visitation of the non-custodial parent, any type of spousal or child support that will be paid to the custodial parent, who will reside the marital home, how will debts and expenses be allocated, how will the division of property be handled. Once you have come to an agreement, a formalized writing can be prepared.
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There is a six-month residency requirement in Ohio for filing a divorce action, which means that at least one party must have resided in Ohio six months prior to the filing of any divorce action. If that residency requirement cannot be met, the parties can file a legal separation that can later be converted into a divorce action. Another reason to seek a legal separation in Ohio is if one or both parties object to divorce for religious reasons but still need to have financial matters and matters concerning custody and visitation reduced to writing.
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To file for a legal separation, a complaint requesting a legal separation is filed in the local common pleas court in the domestic relations division. Remember that a legal separation does not mean an end to the marriage. It can sometimes be used to give the parties time to think about whether to end the relationship, but at the same time, can divide up property and debts.
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If no agreement can be reached between the parties, it is advisable for the parties to meet with separate attorneys to discuss the terms of the separation. One attorney will handle the process of actually preparing the document; the agreement will be sent to the other spouse or his attorney for review and any revisions that need to be made. After the parties have made all necessary changes to the agreement, the agreements are executed in the presence of a witness and notary public (in some states); each party will retain a copy of the agreement.
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Tips & Warnings
Be mindful of your words: If you have children, remember that your spouse is their parent, too. To badmouth that parent to the children or in front of the children is detrimental and puts the children at odds. Do not use the children as a form of communication. Allowing a child to relay information that should be passed between two adults again puts the children in awkward positions. Do not discuss the terms of the separation agreement your children. They are too young to understand the details and these matters should remain between the husband and wife and any counsel that has been retained.
