Free Ohio Marital Separation Agreement

IN CONSIDERATION OF the mutual promises and covenants contained in this Agreement, and other valuable consideration, the receipt and sufficiency of which consideration is acknowledged, the Parties agree as follows:

LIVING SEPARATE AND APART

1. Regular visitation schedule:
   ______________________________________________
2. Vacation visitation schedule:
   ______________________________________________

IN WITNESS WHEREOF the Parties have duly affixed their signatures on this_____________ of _____________, 20___.

SIGNED by ________________
In the presence of:

SIGNED by ________________
In the presence of:

THE STATE OF OHIO

COUNTY OF ____________________

I, Attorney, within and for said County and State, do certify that on this day came before me, ________________, personally known to me, whose name is signed to the foregoing Separation Agreement and so acknowledged his signatures on this Separation Agreement and that ________________ entered into this Separation Agreement on his own free will and volition without force or duress by any Party.

Given my hand and seal this ___ day of ____________________, 20___.

THE STATE OF OHIO

COUNTY OF ____________________

I, Attorney, within and for said County and State, do certify that on this day came before me, ________________, personally known to me, whose name is signed to the foregoing Separation Agreement and so acknowledged her signatures on this Separation Agreement and that ________________ entered into this Separation Agreement on her own free will and volition without force or duress by any Party.

Given my hand and seal this ___ day of ____________________,20___.

CERTIFICATE OF INDEPENDENT LEGAL ADVICE

THE STATE OF OHIO
COUNTY OF ____________________

I, _______________________________, of the City of ___________________________, in the State of Ohio, Attorney, DO HEREBY CERTIFY:

THAT I was this day consulted in my professional capacity by ________________, named in the within instrument, being a Separation Agreement, separate and apart from ________________, as to his legal rights and liabilities under the terms and conditions of it, and that I acted solely for him, and explained fully to him the nature and effect of this foregoing Separation Agreement and he did execute it in my presence, and did acknowledge and declare that he was executing it of his own volition and without any fear, threats, compulsion or influence from ________________ or any other person.

DATED at the City of _________________, in the State of Ohio this ___day of _________, 20___.

________________________
Print Name: ____________
Attorney

I, ________________, the person named in the annexed Agreement, hereby acknowledge the foregoing this ____day of ______________20___.

CERTIFICATE OF INDEPENDENT LEGAL ADVICE

THE STATE OF OHIO
COUNTY OF ____________________

I, _______________________________, of the City of _________________________, in the State of Ohio, Attorney, DO HEREBY CERTIFY:

THAT I was this day consulted in my professional capacity by ________________, named in the within instrument, being a Separation Agreement, separate and apart from ________________, as to her legal rights and liabilities under the terms and conditions of it, and that I acted solely for her, and explained fully to her the nature and effect of this foregoing Separation Agreement and she did execute it in my presence, and did acknowledge and declare that she was executing it of her own volition and without any fear, threats, compulsion or influence from ________________ or any other person.

DATED at the City of __________________, in the State of Ohio this ___day of _________, 20___.

________________________
Print Name: ____________
Attorney

I, ________________, the person named in the annexed Agreement, hereby acknowledge the foregoing this ______day of ______________20___.

Legal Separation in Ohio

Which is the best way to end your marriage?

When you try everything you can to salvage your marriage, and you feel that you are out of breath, you can get above the surface and catch a breath by applying for a legal separation.

Legal Separation

A legal separation is an agreement that allows married couples to live separately yet bound by the vows of marriage. In the state of Ohio, a legal separation is granted even if you aren’t living separately when the complaint is filed. However, for you to obtain a legal separation, you have to state the grounds for the application.

The acceptable grounds for legal separation in Ohio

• The Domestic Relations Court in Ohio may grant a spouse a legal separation for these reasons:
• • Adultery
  • Any gross neglect of duty
  • Extreme cruelty
  • Habitual drunkenness
  • Willful absence of the adverse party for a year
  • The procurement of a divorce outside the state of Ohio by a wife or a husband by virtue of which the party is procuring the divorce is released from the obligations of the marriage, but, the obligations remain binding upon the other party.
  • Imprisonment of the adverse party in a federal or a state correctional facility at the time of filing the complaint
  • If, on application, both parties have lived apart uninterrupted and separate for an entire year without cohabitation
  • Incompatibility; if it isn’t denied by either party.

  Actions prohibited during the period pending the legal separation

  • Change of insurance coverage
  • Selling, destroying, or transferring assets
  • Incurring further debt
  • Abusing, threatening, or interfering the other party
  • Removing children of the marriage from the county

  Temporary Hearings

  The temporary hearings are in effect until a legal separation case ends Any party can ask the Domestic Relations court for a Temporary Hearing held in front of a magistrate. Through the hearing, the magistrate gives orders in parental rights, support, and responsibilities. Also, the court may order one spouse to move out of the marital residence.

  Legal Separation Proceedings

  The spouse that files the legal marital separation agreement in Ohio is the plaintiff. The plaintiff must have resided in the state of Ohio for at least six (6) months prior to the filing of the complaint for legal separation. The defendant has 28 days to file his or her answer after being served the copy of the legal separation complaint. The response is necessary when the spouse wishes to contest the legal separation. If the defendant wants to be awarded the legal separation, he or she may choose to file a counterclaim with the answer. Failure to file the answer after being served with the complaint for legal separation leaves the court with one decision – to file for an uncontested trial. If this happens, the plaintiff has to appear in court with one or more witnesses who will testify on the grounds for legal separation, debts, spousal support, and the value of the marital assets. However, if the defendant files an answer to the legal separation compliant, the court deems the legal separation a contested case and schedules one or more hearings/ pre-trials. The pre-trials help in the determination of the issues that cannot be resolved. It also determines the actions to be taken in the interim period. Eventually, the domestic relations court schedules a trial to address all the issues that cannot be settled in the legal separation. Involvement of children If there are children involved in the legal separations, the domestic relations court will take extra precautions so that children aren’t adversely affected by the separation. Parents may be required to attend parenting classes. The court also determines the allocation of the parental rights and responsibilities. For an expedited Ohio marital separation agreement, this free legal separation agreement will come in handy. Whether you live in Columbus, Cleveland, Cincinnati, Toledo, Akron, Dayton, Parma, Canton or any other city of Ohio, you can use our legal forms easily.

  Sample Marital Separation Agreement