Legal Separation in Adams County

Reviewed by Stephanie Green · Managing Partner & Co-Founder · Last updated June 11, 2026

Adams County, Ohio · West Union

A legal separation under R.C. 3105.17 lets the court allocate parental rights, set child and spousal support, and divide property while the spouses remain legally married — it does not end the marriage. In Adams County it is filed like a divorce in the Domestic Relations Division before Judge Brett M. Spencer / Magistrate David M. Hunter, on a complaint. The county does not publish a separate legal-separation checklist, so the case follows the divorce filing path, and the mandatory parenting seminar (Local Rule 213) applies when minor children are involved. The deposit follows the consolidated schedule: $300 without children, $350 with children.

How do I file for legal separation in Adams County, Ohio?

File a complaint for legal separation (R.C. 3105.17) in the Domestic Relations Division — the same path as a divorce, since Adams County does not publish a separate legal-separation checklist. Include AC-001 Notice of Appearance, AC-002 Waiver of Counsel (if unrepresented), SC Affidavit 1 (Income & Expenses), SC Affidavit 2 (Property), and AC-005 Praecipe. If you have minor children, add SC Affidavit 3 (Parenting Proceeding/UCCJEA), SC Affidavit 4 (Health Insurance), an Ohio child-support worksheet, AC-202 CSEA setup, JFS 07076, and the AC-203/AC-204 parenting seminar. The deposit is $300 without children or $350 with children. A legal separation does not end the marriage.

Ohio Legal Separation by the Numbers

Stay married A legal separation decree does not end the marriage — neither spouse may remarry Source: Ohio Revised Code § 3105.17
No residency rule Unlike a divorce, a legal separation has no 6-month Ohio residency requirement before filing Source: Ohio Revised Code § 3105.03
Full orders The court can divide property and order spousal support, custody, and child support Source: Ohio Revised Code §§ 3105.171, 3105.18
Can convert A legal separation does not stop either spouse from later filing for divorce Source: Ohio Revised Code § 3105.17

Legal Separation vs. Divorce in Ohio

Question	Legal separation	Divorce
Are you still legally married?	Yes — you stay married	No — the marriage ends
Can you remarry afterward?	No	Yes
Divides marital property and debts?	Yes	Yes
Can it order support, custody, and parenting time?	Yes	Yes
Ohio residency required to file?	Not required	6 months in Ohio
Can it later become a divorce?	Yes — either spouse can still file	It already ends the marriage

Where to File: Adams County Court of Common Pleas — Domestic Relations Division

110 West Main Street, West Union, OH 45693, West Union, OH 45693
Phone: (937) 544-2921
Hours: Monday–Friday 8:00 AM – 4:00 PM (closed legal holidays)
Website: www.adamscountycourts.com/

Juvenile Branch (Never-Married Parents)

Adams County Juvenile Court
110 West Main Street, West Union, OH 45693, West Union, OH 45693
Phone: (937) 544-2921
Hours: Monday–Friday 8:00 AM – 4:00 PM (closed legal holidays)

Legal Separation is the right path if…

You want court orders on property, support, or parenting but do not want to end the marriage.
You have religious, insurance, or financial reasons to stay legally married.
You meet Ohio's residency requirements to file in the Domestic Relations Division.
You can complete the parenting seminar if you have minor children.

Filing Fees

Legal separation uses the consolidated Divorce/Dissolution/Annulment deposit: $300 without children / $350 with children · deposits must be paid before filing · fee waiver via AC-012 — confirm current amounts with the Clerk at (937) 544-2344.

Forms & Filing Packets

Legal separation without minor children — $300 deposit (Divorce/Dissolution/Annulment without children)

Files a complaint for legal separation and asks the court to divide property and set spousal support while the parties remain married.

Notice of Appearance (AC-001) — Filed by attorneys and any unrepresented spouse/party to enter the case. Required on every Adams County family-law filing.
Waiver of Counsel (AC-002) — Signed by any unrepresented party, acknowledging they are proceeding without an attorney.
Complaint for Legal Separation (R.C. 3105.17) — Opens a legal separation case in the Domestic Relations Division. A legal separation does not end the marriage. Adams County does not publish a separate legal-separation checklist, so the complaint follows the divorce filing path (see the court's divorce portal pages).
Affidavit of Income & Expenses (Ohio SC Affidavit 1) — Income, expenses, and basic financial information. Each party files their own. Must be notarized.
Affidavit of Property (Ohio SC Affidavit 2) — Lists every asset and debt. Required at filing.
Praecipe (Request) for Service (AC-005) — Tells the Clerk how to serve the other party (certified mail, Sheriff, or publication). Required when service is needed.

Legal separation with minor children — $350 deposit (Divorce/Dissolution/Annulment with children)

Adds the UCCJEA affidavit, child-support worksheet, CSEA setup, and the parenting seminar so the court can allocate parental rights and set support while the parties remain married.

Notice of Appearance (AC-001) — Filed by attorneys and any unrepresented spouse/party to enter the case. Required on every Adams County family-law filing.
Waiver of Counsel (AC-002) — Signed by any unrepresented party, acknowledging they are proceeding without an attorney.
Complaint for Legal Separation (R.C. 3105.17) — Opens a legal separation case in the Domestic Relations Division. A legal separation does not end the marriage. Adams County does not publish a separate legal-separation checklist, so the complaint follows the divorce filing path (see the court's divorce portal pages).
Affidavit of Income & Expenses (Ohio SC Affidavit 1) — Income, expenses, and basic financial information. Each party files their own. Must be notarized.
Affidavit of Property (Ohio SC Affidavit 2) — Lists every asset and debt. Required at filing.
Parenting Proceeding / UCCJEA Affidavit (Ohio SC Affidavit 3) — Required in any case with minor children. Lists where each child has lived for the last 5 years, confirming Ohio's UCCJEA jurisdiction.
Health Insurance Affidavit (Ohio SC Affidavit 4) — Discloses whether health insurance is available for the children through either parent's employer, so the court can order medical support.
Ohio Child Support Computation Worksheet (2024 Income Shares) — Run the official Ohio Child Support Calculator, print, and sign. Required any time the court sets or changes support.
Adams County CSEA Account Setup Sheet (AC-202) — Opens the support account with the Adams County Child Support Enforcement Agency. Required in every case involving children — even if no child support is requested.
Application for Child Support Services (JFS 07076) — The Ohio child-support services application that opens a IV-D case with the Adams County CSEA. Brought to the final hearing in a dissolution; filed with the packet in contested cases.
Notice of "Helping Children Cope With Family Separation" Seminar (AC-203) — The notice for Adams County's mandatory online parenting seminar (Local Rule 213), administered through Beech Acres.
"Helping Children Cope With Family Separation" Registration Packet (AC-204) — One per parent. Registration materials are submitted directly to Beech Acres, not filed with the court.
Praecipe (Request) for Service (AC-005) — Tells the Clerk how to serve the other party (certified mail, Sheriff, or publication). Required when service is needed.

How to File Legal Separation in Adams County

Confirm legal separation is the right tool. Choose legal separation if you want court orders on property, support, or parenting but do not want to end the marriage; a divorce ends it.
Draft the complaint. Prepare a complaint for legal separation (R.C. 3105.17) following the divorce filing path in the Domestic Relations Division.
Assemble the affidavits. Include SC Affidavit 1 (Income & Expenses) and SC Affidavit 2 (Property); with children, add SC Affidavit 3 (UCCJEA), SC Affidavit 4 (Health Insurance), an Ohio support worksheet, AC-202, and JFS 07076.
Complete the parenting seminar if applicable. If you have minor children, both parents complete the AC-203/AC-204 seminar before the final hearing.
File and serve. Pay the $300/$350 deposit (or request the AC-012 fee waiver), file with the Clerk, and serve your spouse via the AC-005 Praecipe.

Adams County Practice Notes

A legal separation does not end the marriage. Under R.C. 3105.17, the court can allocate parental rights, set child and spousal support, and divide property while the spouses remain legally married. People choose it for religious, insurance, or financial reasons.
Follows the divorce filing path. Adams County does not publish a separate legal-separation checklist, so the case is filed like a divorce in the Domestic Relations Division (complaint-based) before Judge Brett M. Spencer / Magistrate David M. Hunter.
Parenting seminar applies with children. The mandatory "Helping Children Cope With Family Separation" seminar (Local Rule 213) applies to legal-separation cases involving minor children — both parents complete AC-203/AC-204 before the final hearing.

Frequently Asked Questions

What is a legal separation in Adams County?: A legal separation under R.C. 3105.17 does not end the marriage. The court can allocate parental rights, set child and spousal support, and divide property while the spouses remain legally married. It is filed like a divorce in the Domestic Relations Division (complaint-based) before Judge Brett M. Spencer / Magistrate David M. Hunter, using the same $300 (no children) / $350 (with children) deposit schedule. Confirm current amounts with the Clerk at (937) 544-2344.
Should I file for legal separation or divorce in Adams County?: Both follow the same complaint-based path in the Domestic Relations Division, but a divorce ends the marriage and a legal separation does not. People choose legal separation for religious, insurance, or financial reasons while staying married. Adams County's forms portal does not publish a separate legal-separation checklist, so the case follows the divorce filing path; the mandatory parenting seminar (Local Rule 213) still applies when minor children are involved.
How much does it cost to file a divorce or dissolution in Adams County?: The Domestic Relations deposit is $300 without children and $350 with children (a divorce, dissolution, or annulment uses the same schedule). Deposits must be paid before the Clerk will accept your filing, and a dissolution decree will not issue until court costs are paid (Local Rule 200). If you cannot afford the deposit, file the AC-012 Fee-Waiver Affidavit with a motion — you must meet federal poverty guidelines. Confirm current amounts with the Clerk at (937) 544-2344 before filing.
Is a parenting class required in Adams County?: Yes, in any divorce, legal separation, dissolution, or custody/visitation case involving minor children (Local Rule 213). Adams County uses the online program "Helping Children Cope With Family Separation," administered through Beech Acres — file the AC-203 notice and AC-204 registration (one per parent). In a divorce the moving party must complete it before the final hearing; in a dissolution both parties must. Failure to attend within 60 days triggers a notice, and non-completion within 90 days is reported to the court and can delay your hearing.
What are the residency requirements to file in Adams County?: For a divorce, legal separation, or annulment, you or your spouse must have lived in Ohio for at least 6 months and in Adams County before filing. For a dissolution only the 6-month Ohio residency applies. For never-married parents filing in Juvenile Court, Ohio must be the children's "home state" under the UCCJEA (R.C. 3127) — generally meaning the children have lived in Ohio for the last 6 consecutive months.

Free Local Resources in Adams County

Adams County Clerk of Courts (Larry Heller). Legal division on the top floor of the Courthouse, 110 West Main Street, Room 207, West Union, OH 45693. Accepts filings and provides current fees and instructions. Call (937) 544-2344 (lheller@adamscountycourts.com) before filing to confirm deposits and packet requirements.
Adams County Common Pleas forms & local rules portal. sites.google.com/view/adamscountycommonpleas/home — county AC-### forms, Ohio Supreme Court SC forms, checklists, the local rules (dated 2/3/2026), and pro-se/indigency pages.
Adams County Child Support Enforcement Agency (CSEA). Director Angie Malott. 482 Rice Drive, P.O. Box 386, West Union, OH 45693. Phone (937) 544-5155 or toll-free (800) 840-5711 — establishes/modifies support, paternity, wage withholding, and payment distribution. Set up a court account with Form AC-202.
Adams County Children Services. 300 North Wilson Drive, West Union, OH 45693. Phone (937) 544-2511 for abuse/neglect concerns and emergency child-safety. Call 911 in an emergency.
Adams County CASA / GAL program. Volunteer and contact line (937) 618-0189. Court Appointed Special Advocates carry only 1–2 cases at a time and advocate for a child's best interest in contested and abuse/neglect matters.
Fee waiver (indigency). File the AC-012 Financial Disclosure / Fee-Waiver Affidavit & Order with a motion to waive the court-cost deposit if you meet federal poverty guidelines. See sites.google.com/view/adamscountycommonpleas/indigency.
Ohio Child Support Calculator. ohiochildsupportcalculator.ohio.gov — run the 2024 Income Shares worksheet, print, and sign it for filing.

Related to your legal separation case

Spousal Support — Pursue or respond to alimony requests during and after divorce.
Child Support — Calculate, establish, or modify support under Ohio's guidelines.
Paternity & Custody — Establish parentage and build a parenting plan that protects your children.

Related guides

In-depth, attorney-written guides on legal separation and related Ohio family law topics.

Divorce vs. Dissolution in Ohio: Which Path Is Right for You? — Divorce and dissolution both end an Ohio marriage, but they work very differently. Dissolution is a no-fault, agreed process; divorce is a lawsuit for couples who can't agree. Here's how to choose.
How to File for Divorce in Ohio: A Step-by-Step Guide — Filing for divorce in Ohio follows a defined path: confirm residency, choose your grounds, file the complaint, serve your spouse, and work toward temporary orders and a final decree. Here is how each step works.
Spousal Support in Ohio: How Alimony Is Decided — Ohio has no fixed alimony formula. Courts weigh 14 statutory factors to decide whether spousal support is appropriate, how much, and for how long. Here's how it works.

Keep exploring

Ohio Legal Separation guide — Statewide overview of legal separation in Ohio.
Cincinnati family law — Local attorneys and courts serving the Cincinnati metro.
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