A Separation Agreement is an agreement which includes terms related to property division, spousal support, the allocation of parental rights and responsibilities, and/or child support as part of a Divorce, Dissolution or Legal Separation. This means that the Parties have agreed on all terms as related to the end of their marriage and that there will not be a court trial where the judge reviews evidence and makes final orders. The Parties waive their right to an evidentiary hearing and investigation by the Court of their legal matters by signing a separation agreement. All Separation Agreements must ultimately be reviewed and approved by a judge to be made part of a final order for your Divorce, Dissolution or Legal Separation.
A Separation Agreement should not be mistaken with a Legal Separation. Parties can write up a Separation Agreement, but it does not mean they are legally separated in the State of Ohio. Legal Separation is a court process, which is much like filing for Divorce, however, instead of a Divorce Decree at the end, the Parties are still married. The orders in a legal separation are binding and the Parties are subject to Contempt in the event court orders are not followed. Parties generally do not go through the process of Legal Separation if they are filing for Divorce or Dissolution. Also, if one party files for Legal Separation and the other files for Divorce the court will treat it as a Divorce. Legal Separation is rare. Legal Separation can be discussed if you are worried about protecting health insurance, retirement benefits, tax benefits or to preserve religious beliefs/customs. Otherwise, it is a hue money saver to file for Divorce or Dissolution instead of taking the extra step.
Once the Court approves a Separation Agreement as part of your Divorce or Dissolution the terms as related to it are legally binding orders of the Court subject to contempt. If a Party to an ordered Separation Agreement fails to abide by the terms of the Order the Court shall investigate and hear any answer or testimony that the accused offers and then shall determine whether the accused is guilty of the contempt charge. If a Party is found in contempt the first offense is punishable by a fine of up to $200 and/or imprisonment of up to 30 days in jail. A second offense of contempt is punishable by a fine of up to $500 and/or imprisonment of up to 60 days in jail. A third offense or subsequent offenses are punishable by a fine up to $1000 and/or up to 90 days in jail. When contempt consists of the omission to do an act which the accused yet can perform, he may be imprisoned until he performs it.
R A. Parish Law, LLC can help you evaluate your need for a Separation Agreement or help you if you are experiencing issues related to contempt of a Separation Agreement. Your first 30-minute consultation is free. R. A. Parish Law, LLC guides clients with compassion, skill and creative solutions. We are ready to listen to you and educate you about the options for your case today. To schedule a consultation call or text 614-407-0443 today.