Legal Question in Family Law in Ohio
legal separation
After 15 years of marriage my husband became physically abusive. He spent about 3 months in jail, before he got out
of jail, I had to leave state because I knew he would kill me when he got out, I havent lived with him in over a year, I cant go back to Ohio, he stalks my family and friends (waiting for me to show up), we do have to children but he lost custody due to his violence. My question is since we have lived apart for more than a year, are we considered legally separated? If not, what do I need to do?
2 Answers from Attorneys
Re: legal separation
You can only be legally separated by judicial decree. Physical separation is not enough. You must file for it in your Ohio county of residence, along with a motion for a restraining order, child support and spousal support. If you file in your current state, child and spousal support will not be available.
Re: legal separation
GET A DIVORCE!!!!!!!!!!!!!!!!!!!!