Legal Separation in Athens County

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

Athens County, Ohio · Athens

A legal separation (R.C. 3105.17) lets the court divide property and order support, custody, and parenting time without ending the marriage — you remain legally married afterward. People use it to keep certain marital benefits (insurance or religious reasons) while living separately under court-ordered terms, or as a step while deciding whether to divorce. In Athens County it is filed in the Domestic Relations Division like a divorce.

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

File a Complaint for Legal Separation with the Athens County Clerk of Courts in the Domestic Relations Division — the same filing track as a divorce. The same initial-pleading requirements apply: the Affidavit of Income and Expenses, and with children the UCCJEA/parenting affidavit, Health Insurance Affidavit, and child-support worksheet (Local Rule 24.02). The deposit is $375 with minor children or $325 without (Local Rule 24.01), with a fee waiver via Local Form DR-1. With minor children, both parents complete the parenting class within 60 days. A legal separation does not end the marriage; to end it later you file a separate divorce.

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: Athens County Court of Common Pleas, General Division — Domestic Relations Division

Athens County Courthouse, 1 S. Court Street, 4th Floor, Athens, OH 45701, Athens, OH 45701
Phone: (740) 592-3242
Hours: Monday–Friday, 8:00 a.m.–4:00 p.m. (closed legal holidays)
Website: www.co.athensoh.org/government/common_pleas_court/domestic_relations_division.php
e-Filing: https://eservices.athenscommonpleas.com/

Juvenile Branch (Never-Married Parents)

Athens County Probate/Juvenile Court
Athens County Courthouse, 1 S. Court Street, 2nd Floor, Athens, OH 45701, Athens, OH 45701
Phone: (740) 592-3256
Hours: Monday–Friday, 8:00 a.m.–4:00 p.m.

Legal Separation is the right path if…

You want court-ordered terms on property, support, and parenting but do not want to end the marriage yet.
You have a reason to stay legally married — insurance, religious, or financial considerations.
You meet Ohio venue requirements for the Domestic Relations Division.
If there are minor children, both parents can complete the parenting class within 60 days.

Want to actually end the marriage? File a divorce or, if you fully agree, a dissolution instead. See Athens County divorce.

Filing Fees

$375 with minor children / $325 without (Local Rule 24.01) · same packet and track as a divorce · fee waiver via Local Form DR-1 · does not end the marriage (R.C. 3105.17). Confirm current amounts with the Clerk's Legal Department at (740) 592-3242, option 5, before filing.

Forms & Filing Packets

Legal separation without minor children — $325 deposit (Local Rule 24.01) — confirm with the Clerk

File the Complaint for Legal Separation with the Affidavit of Income and Expenses and the Affidavit of Property. The court can divide property and order spousal support while you stay married.

Complaint for Divorce Without Children (Ohio SC Form 6) — Opens your divorce case and tells the court what you're asking for. Use when you and your spouse have no minor children together.
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.
Financial Disclosure / Fee-Waiver Affidavit & Order (Local Form DR-1) — If you cannot afford the filing deposit, file Local Form DR-1. It is published INSIDE the 2026 Local Rules PDF appendix (Rule 33), reached from the Local Rules landing page — not as a separate download. Under R.C. 2323.311 the Clerk must accept your filing once an indigency affidavit is on file.

Legal separation with minor children — $375 deposit (Local Rule 24.01) — confirm with the Clerk

Add the parenting and child-support paperwork required by Local Rule 24.02 and complete the parenting class within 60 days. The court allocates parental rights and sets support.

Complaint for Divorce With Children (Ohio SC Form 7) — The divorce Complaint used when you and your spouse have minor children together. Pleads custody, parenting time, and child-support allegations.
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.
Parenting Plan (Ohio SC Form 21) — Used when one parent will be designated residential parent and legal custodian.

How to File Legal Separation in Athens County

Confirm legal separation is the right fit. Choose legal separation if you want court-ordered terms but want to stay legally married; otherwise file a divorce or dissolution.
Prepare the same packet as a divorce. Complete the Complaint for Legal Separation, the Affidavit of Income and Expenses, and — with children — the UCCJEA affidavit, Health Insurance Affidavit, and support worksheet (LR 24.02).
File and pay (or waive) the deposit. File with the Clerk and pay $375 (with children) or $325 (without), or file Local Form DR-1/DR-2.
Complete the parenting class with children. Both parents complete the Athens County Children Services parenting seminar within 60 days (LR 24.02(D)).

Athens County Practice Notes

You stay married. A legal separation under R.C. 3105.17 divides property and sets support and parenting orders while you remain legally married. To end the marriage later you must file a separate divorce action — the separation case does not convert into a divorce.
Same filing track as divorce. Local Rule 24 governs legal separation like a divorce: the same complaint packet and affidavits, the same temporary-order procedure under Civ.R. 75, mandatory parent education with children (LR 24.02(D)), and the same pretrial/hearing track before the Domestic Relations Magistrate.

Frequently Asked Questions

Does a legal separation end my marriage in Athens County?: No. A legal separation under R.C. 3105.17 divides property and sets support and parenting orders while you remain legally married. To end the marriage later you must file a separate divorce action — the separation case does not convert into a divorce.
Is the legal-separation process different from divorce in Athens County?: No. It is filed in the Domestic Relations Division on the same track as a divorce — the same complaint packet and affidavits (Local Rule 24.02), the same temporary-order procedure under Civ.R. 75, mandatory parent education with minor children, and the same pretrial/hearing track. The deposit is $375 with children / $325 without (Local Rule 24.01).
How much does it cost to file for divorce in Athens County?: The Local Rule 24.01 deposit (effective January 1, 2026) is $375 with minor children and $325 without; a counterclaim is the same. Publication costs are paid directly to the newspaper, and a fee waiver is available with Local Form DR-1 (delay via DR-2). Confirm current amounts with the Clerk's Legal Department at (740) 592-3242, option 5, before filing.
Do we have to take a parenting class in Athens County?: Yes, if there are minor children in a divorce, dissolution, legal separation, or annulment (and in DR post-decree matters involving visitation or reallocation). Both parents complete the seminar within 60 days of filing, registered through the Director of Preventive Services at Athens County Children Services, (740) 592-3061 ext. 305 (up to $10 per person), or a court-approved online course (Local Rule 24.02(D); R.C. 3109.053). The Juvenile Court does not impose a separate seminar requirement.

Free Local Resources in Athens County

Athens County Clerk of Courts — Legal Department. 1 S. Court Street, 4th Floor, Athens, OH 45701; (740) 592-3242. Confirms current filing deposits, hosts the Domestic Relations forms page, and runs the CourtView online docket and e-file (https://eservices.athenscommonpleas.com/). Mon–Fri 8:00 a.m.–4:00 p.m.
Athens County Child Support Enforcement Agency (CSEA). Under Athens County Job & Family Services, 13183 St. Rte. 13, Millfield, OH 45761; (740) 593-5046 or 1-800-436-8933 (https://jfs.athensoh.org/). Opens IV-D cases, sets and collects support by wage withholding, and can establish paternity administratively.
Parent-education seminar (Athens County Children Services). Required within 60 days in every Domestic Relations case with minor children (Local Rule 24.02(D)). Register with the Director of Preventive Services at (740) 592-3061 ext. 305; the class is no more than $10 per person.
Athens County Probate/Juvenile Court. 1 S. Court Street, 2nd Floor, Athens, OH 45701; Juvenile (740) 592-3256, Probate (740) 592-3251 (https://www.athenscountypjcourt.com/). Hears never-married parentage and custody, non-parent custody, and companionship. No e-filing portal — fax filing of non-fee documents to (740) 592-3268 is permitted.

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.
Columbus family law — Local attorneys and courts serving the Columbus metro.
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