Separation Agreements

Separation Agreement Attorney in Columbus

Family Law Only. Free Consultations. Flat Fees for Uncontested Cases.

When couples decide to live apart, a clear separation agreement defines each person’s rights and responsibilities without putting those decisions in a judge’s hands. At Boller & Petty, LLC, we represent individuals and families throughout Columbus and Central Ohio in separation agreement matters from start to finish. Our practice is limited exclusively to family law, which means every attorney on our team works in Ohio domestic relations every day.

We offer free case evaluations, same-day consultations when scheduling permits, and flat fees for uncontested cases. These practical features are designed to reduce the financial and emotional friction of getting started. Whether you’re preparing for a dissolution of marriage, navigating a legal separation, or trying to resolve contested issues before a divorce hearing, we’ll take the time to explain your options under Ohio law and help you make informed decisions.

Contact our separation agreement attorneys in Columbus at (614) 756-2827 to schedule a free consultation. Same-day appointments available.

Why Clients Choose Our Separation Agreement Lawyers

Our practice covers only family law. That focus means we stay current with Ohio statutes, Franklin County Domestic Relations Court practices, and the expectations of local judges. This knowledge translates directly into well-prepared agreements and fewer procedural surprises for our clients.

We don’t hand you paperwork and send you on your way. Before you sign anything, we walk through every section with you, explain what it means in plain language, and answer your questions. Clients consistently cite our professionalism, responsiveness, patience, and genuine care in their reviews. These qualities matter especially when the process feels overwhelming.

Flexible fee structures, including flat-rate pricing for uncontested cases, mean you can understand your costs upfront. Free case evaluations give you a clear picture of where you stand before committing to anything.

What Is a Separation Agreement & How Does It Work in Ohio?

A separation agreement is a written contract between spouses that addresses property division, debts, parenting arrangements, and support obligations. In Ohio, it’s the foundational document for a dissolution of marriage under Ohio Revised Code 3105.61, which requires a complete, signed separation agreement to be filed alongside the joint petition before the court gains jurisdiction. A separation agreement doesn’t by itself end a marriage. Legal separation leaves the marriage intact, while dissolution terminates it.

A comprehensive separation agreement typically covers:

Property division: How to allocate real estate, bank accounts, vehicles, investments, and retirement plans.
Debt assignment: Responsibility for mortgages, credit cards, loans, and other liabilities.
Parenting plans: Schedules, holiday time, and decision-making authority for minor children.
Support obligations: Payment amounts and timing for spousal or child support.

When retirement or pension accounts are part of the division, a Qualified Domestic Relations Order (QDRO) (a separate court order directing how a plan administrator splits benefits) may also be required. Our attorneys can identify when a QDRO is needed and guide you through that process.

Franklin County judges generally prefer approving agreements the parties reached themselves. A well-drafted separation agreement that meets Ohio’s requirements can help you move toward dissolution without waiting on litigation or risking outcomes a court imposes on your family.

Drafting & Filing a Separation Agreement in Columbus

Every case starts with a consultation. We learn about your situation, identify your priorities, and explain how Ohio law applies to your circumstances.

From there, the typical process looks like this:

Document review: We work through your assets, income, and debts to identify everything the agreement needs to address.
Negotiation: Our attorneys help you work toward fair, practical terms (on your timeline, not the court’s).
Drafting: We prepare clear, enforceable language that captures every important detail.
Review and revision: Before you sign, we go through every section and answer any remaining questions.
Filing: When the agreement is part of a dissolution or divorce proceeding, we follow Franklin County Domestic Relations Court’s procedures to help support a complete, accepted submission.

For dissolution, both spouses must agree on every term before filing a joint Petition for Dissolution alongside the signed separation agreement. Once filed, a hearing is often scheduled within 30 to 90 days, depending on the circumstances. If minor children are involved, Franklin County Local Rule 26 requires both parents to complete the Putting the Children First parenting seminar through Action for Children within 45 days of filing. The court generally won’t sign a final order until both parents submit their certificate of completion. We make sure clients understand this requirement early so it doesn’t delay their case.

Local Considerations for Columbus Families

Franklin County courts encourage private resolution. Judges review submitted agreements for fairness but consistently prefer approving terms the parties reached on their own. Our familiarity with local court practices, Franklin County real estate values, school district boundaries, and parenting schedule norms helps us draft agreements that can hold up in court review.

Separation Agreement FAQs

Can One Lawyer Represent Both of Us?

No. In Ohio, one attorney can’t ethically represent both spouses because of the inherent conflict of interest. Each party should have independent counsel to protect their own interests.

Does a Separation Agreement Have to Be Filed With the Court?

Not always. Filing is required when the agreement is part of a divorce or dissolution proceeding. Outside of that context, filing isn’t mandatory, but it can provide added enforceability if a dispute arises later.

Can We Change the Agreement After Signing?

Yes, if both spouses agree to the changes. If the agreement has already been incorporated into a court order, a judge’s approval may also be required for any modifications.

Is a Separation Agreement Legally Binding?

A properly executed separation agreement is a binding contract. Once incorporated into a court order, it’s enforceable like any other legal judgment, including through contempt proceedings if a party doesn’t comply.

What If We Can’t Agree on Everything?

A partial agreement is still worth having. You can memorialize the terms you’ve resolved in writing and leave the remaining issues for the court to decide in a divorce or dissolution proceeding. Narrowing the disputed issues often saves time and money.

Talk to a Separation Agreement Lawyer in Columbus

Boller & Petty, LLC handles only family law matters, and we’re ready to help you understand your rights and options under Ohio law. Free case evaluations are available, and we offer same-day consultations when scheduling permits.

Contact our separation agreement attorneys in Columbus at (614) 756-2827 to schedule your free consultation and take the first step with a team that puts your family first.

Legal Separation, Dissolution, & Divorce in Ohio: Three Different Paths

Ohio provides three distinct legal paths when spouses no longer wish to live as a couple, and the right choice depends on your goals and whether both parties are in agreement. A separation agreement plays a different role in each.

Legal Separation

Legal separation doesn’t end the marriage. The court issues orders governing how spouses live apart, covering property arrangements and support, while both parties remain legally married. Couples sometimes choose this path for religious reasons, to preserve eligibility under a spouse’s health insurance plan, or simply to allow more time before committing to permanent dissolution. If both spouses later decide to dissolve the marriage, the existing separation agreement can often serve as the foundation for the dissolution agreement, reducing the work required at that stage.

Dissolution of Marriage

Dissolution is the path most closely associated with a separation agreement in Ohio. Under Ohio Revised Code 3105.63, both spouses must agree on every term and file a joint petition together with a complete, signed separation agreement. Franklin County Domestic Relations Court, the Domestic Division of the Court of Common Pleas, reviews the submitted agreement for fairness and schedules a hearing when appropriate. Dissolution without minor children often finalizes within 30 to 90 days of filing in Franklin County, and cases requiring extended negotiation before filing can take longer, though timelines vary by circumstances.

Divorce

Divorce is a contested process in which one or both spouses file and the court resolves disputed issues. Even so, the parties may reach a settlement on some or all issues before the final hearing. When they do, a separation agreement addressing those resolved terms can be submitted for court approval, narrowing what the judge needs to decide and potentially shortening the overall timeline.

How Ohio Law Governs Separation Agreements

Ohio Revised Code section 3105.10(B)(2) provides that a separation agreement entered voluntarily by both parties is enforceable by the Court of Common Pleas upon motion of either party, as long as the court determines enforcement is in the interest of justice and equity. That voluntary nature matters. Courts scrutinize agreements where one party lacked independent legal advice or signed under duress, which is one reason separate counsel for each spouse can help support more durable agreements. Working with a separation agreement lawyer familiar with Franklin County’s expectations can help ensure your agreement is positioned to hold up.

Once a separation agreement is incorporated into a dissolution decree or divorce judgment, it becomes a court order enforceable through the same mechanisms available for any other judgment, including contempt proceedings. Not all terms carry the same weight after incorporation, however. Property division terms in a finalized dissolution are generally not modifiable. Child custody, parenting time, and child support terms may be revisited if there’s a substantial change in circumstances, but the party seeking modification carries the burden of demonstrating that change.

The Ohio Supreme Court’s Uniform Domestic Relations Form 19 provides a standardized separation agreement template, but Franklin County Domestic Relations Court may require additional local forms alongside it. A separation agreement attorney familiar with Franklin County’s filing requirements can help support a complete submission from the outset, avoiding procedural delays that push back your hearing date.

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We Educate
The legal process, filled with unfamiliar terminology and complex proceedures, can be difficult to understand.. We take the time to educate you and explain how it relates to your specific situation.
We Focus
Having our lawyers focus 100% on family law matters means we are entirely devoted to family court developments and keeping our clients updated on issues that affect them. This ensures we have deep knowledge of the family court system and the applicable law.
We Fight
We take the time to assess your goals and we’ll fight passionately to help you achieve them. Your personal and business financial assets matter, which is why we work diligently to protect them during your divorce proceedings. We understand that nothing is more important than your children, and we will fight to ensure the best outcome for them.
We Care
Our lawyers practice in family law because we care about families. We have been through many of these issues ourselves. We understand on a deep level. When you’re our client, your family is our priority because we know firsthand how important these matters are.