Can I refuse to agree to a legal separation and/or divorce that my wife is creating with her lawyer? What could happen?

Asked about 5 years ago - Streetsboro, OH

If I refuse to agree to the terms being proposed in a legal separation can I still be required to be 'judged' and forced to pay alimony and cs per state guidelines? it was not my wish to be separated but my wife wants it; can I still be liable for all legal ramifications? Can I force for further counseling first, thinking that all options for reconciliation have not been exhausted?

Attorney answers (1)

  1. Thomas Arthur McCormack

    Contributor Level 14

    Answered . If you refuse, your wife can file a legal action for a separation and the court will proceed to determine the issues of property division, if requested, and support. In that action, you can seek conciliation however judges are loath to order that step if one party does not wish it. In the separation, you can seek allocation of parental rights that can include custody, either shared or sole. The fact of the matter is that courts in Ohio will generally not force a spouse to remain married when that spouse wants out of the marriage.

    THE ANSWER PROVIDED is for general informational purposes only. This attorney does not intend to give legal advice. Evaluating the statutes and case law, as well as any relevant court documents together with a more detailed factual analysis could result in a different response. The attorney does not intend to create an attorney/client relationship by the response. Anyone seeking legal advice should always consult with retained legal counsel for a full evaluation of his or her claims.

Related Topics

Difference between divorce and legal separation

A legal separation and a divorce are different because a separation does not end the marriage. Spouses live apart and remain married.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

25,601 answers this week

3,296 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

25,601 answers this week

3,296 attorneys answering