Filing for Legal Separation in Clark County

Clark County, Ohio · Springfield

A Clark County legal separation follows the same process as a divorce — one spouse files a complaint, the other is served, and the court resolves property, debt, support, and (if applicable) parenting. The only difference is that at the end, the marriage stays legally intact. The parties live separate and apart, but remain husband and wife. Either party can later convert the case into a divorce by motion.

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

File a Complaint for Legal Separation at the Clark County Court of Common Pleas, Division of Domestic Relations, 101 North Limestone Street, Springfield, OH 45502. Clark County uses the same Ohio Supreme Court standardized complaint forms as divorce (Form 4 without children, Form 5 with children) — you simply change the caption from "Divorce" to "Legal Separation." Same residency rules apply: 6 months in Ohio and 90 days in Clark County. Call the Clerk at (937) 521-1753 for the current deposit.

Where to File: Clark County Court of Common Pleas, Division of Domestic Relations (Adult Section)

101 North Limestone Street, Springfield, OH 45502, Springfield, OH 45502
Phone: (937) 521-1753
Hours: Monday-Friday 8:00 AM - 4:00 PM
Website: www.clarkcountyohio.gov/

Legal Separation is the right path if…

Religious beliefs prevent divorce, but you need court-ordered support, parenting time, or property division.
One spouse needs to remain on the other's health insurance and would lose coverage in a divorce.
You want time apart with court orders in place before deciding whether to divorce.
There are tax or Social Security benefit reasons to keep the marriage legally intact.

If you want to end the marriage entirely, file a Divorce instead — the forms and process are nearly identical. See Clark County divorce.

Filing Fees

Deposit set by Clerk · Call (937) 521-1753 · Same residency rules as divorce (6 months Ohio + 90 days Clark)

Forms & Filing Packets

Core legal-separation packet (no minor children) — Deposit set by Clerk — call (937) 521-1753

Complaint for Legal Separation Without Children (Supreme Court Form 4 — relabel caption) — Clark County uses the same Ohio SC complaint form as divorce — just change the caption from "Divorce" to "Legal Separation." Files in DR at 101 N. Limestone St.
Affidavit of Income, Expenses & Financial Disclosure (Affidavit 1) — Must be notarized. Required at filing in every Clark DR case. Both parties file their own.
Affidavit of Property (Affidavit 2) — Lists every asset and debt. Required at filing alongside the Income Affidavit.

Core legal-separation packet (with minor children) — Deposit set by Clerk — call (937) 521-1753

Complaint for Legal Separation With Children (Supreme Court Form 5 — relabel caption) — Same Form 5 used for divorce-with-children; caption is changed to "Legal Separation." Adds the custody, parenting-time, and child-support allegations.
Affidavit of Income, Expenses & Financial Disclosure (Affidavit 1) — Must be notarized. Required at filing in every Clark DR case. Both parties file their own.
Affidavit of Property (Affidavit 2) — Lists every asset and debt. Required at filing alongside the Income Affidavit.
Parenting Proceeding Affidavit (Affidavit 3 — UCCJEA, R.C. 3127.23) — Lists where each child has lived for the last 5 years and with whom. Confirms Ohio's UCCJEA jurisdiction.
Health Insurance Affidavit (Affidavit 4) — Discloses whether health insurance is available for the children through either parent's employer.
Ohio Child Support Computation Worksheet (2024 Income Shares) — Run the official Ohio Child Support Calculator, print, sign. Required any time the court is being asked to set support.
Sole-Residential Parenting Plan (Supreme Court Form 21) — Used when one parent will be designated residential parent and legal custodian. Sets parenting time, decision-making, and exchanges.

Shared parenting add-on

Required when both parents are asking to be designated residential parents and legal custodians under R.C. 3109.04(G).

Shared Parenting Plan (Supreme Court Form 20) — Required when both parents are asking to be designated residential parents and legal custodians under R.C. 3109.04(G). Must be notarized.

Temporary orders add-on packet

Same Civ. R. 75(N) process as divorce. Attach current financial affidavits with the motion.

Motion for Temporary Orders (Civ. R. 75(N)) — Asks the Magistrate for temporary custody, parenting time, child support, spousal support, or exclusive use of the home while the case is pending. Clark County may set an oral hearing under Civ. R. 75(N). Contact the Clerk at (937) 521-1753 for the local cover-sheet format. Tip: Attach current Affidavit 1 and Affidavit 2 — incomplete financials routinely cause continuances.
Ohio Child Support Computation Worksheet (2024 Income Shares) — Run the official Ohio Child Support Calculator, print, sign. Required any time the court is being asked to set support.

How to File Legal Separation in Clark County

Confirm Ohio + Clark County residency. Same as divorce: 6 months Ohio + 90 days Clark County before filing.
Pick your grounds. Ohio uses the same statutory grounds for legal separation as for divorce (no-fault and fault grounds under R.C. 3105.01). The difference is the outcome — the marriage stays legally intact.
Use the Ohio SC divorce forms with the caption changed. Form 4 without children, Form 5 with children — change "Divorce" to "Legal Separation" in the caption and body.
Add the financial and parenting affidavits. Affidavit 1 (income/expenses, notarized), Affidavit 2 (property), and — if children — Affidavit 3 (UCCJEA), Affidavit 4 (health insurance), the Ohio Child Support Worksheet, and a parenting plan.
File at 101 N. Limestone Street. Pay the deposit set by the Clerk at (937) 521-1753. The case proceeds like a divorce — service, 28-day answer period, and (if contested) discovery and hearings.
Keep the option to convert. If you later decide to end the marriage, file a motion to convert the case into a divorce instead of refiling.

Clark County Practice Notes

Same forms, different caption. Clark County does not publish separate legal-separation forms. Use the Ohio SC divorce complaint forms (Form 4 or Form 5) and change the caption to "Legal Separation."
Either party can convert to divorce. If one spouse later decides to end the marriage, that party can file a motion to convert the legal-separation case into a divorce. You don't have to start over.
Health insurance is a common driver. Many Clark County legal separations are filed specifically so a spouse can stay on the other's employer health plan. Verify with the plan administrator before filing — some employer policies treat legal separation the same as divorce.

Frequently Asked Questions

What are the residency requirements to file in Clark County?: For divorce, legal separation, or annulment, you or your spouse must have been an Ohio resident for at least 6 months immediately before filing, and a Clark County resident for at least 90 days. Dissolution requires only the 6-month Ohio residency — there is no separate Clark County residency rule.
How much does it cost to file in Clark County DR?: Dissolution is a $350 deposit (not a flat fee — the balance is refunded after costs). For divorce, legal separation, annulment, and post-decree motions, deposits are set by the Clerk — call (937) 521-1753 for the current amount before filing. CPO petitions are free. Juvenile court charges a $25 non-refundable application fee for court-appointed counsel.
Does Clark County have its own local divorce or dissolution forms?: No. Clark County uses the Ohio Supreme Court standardized forms for divorce, dissolution, legal separation, and annulment. The Clark County Law Library does not stock pro se forms. The main Clark County Public Library on South Fountain has LawPak's Ohio Dissolution forms at the Reference Desk and access to the Cengage Legal Forms Database with a library card.
Where do hearings actually take place?: Cases are assigned to Hon. Thomas J. Capper at 101 N. Limestone Street, but Magistrates Ann Ringler and Patrick Phillips hold most hearings in the A.B. Graham Building at 31 N. Limestone Street (a separate building one block away). Confirm your location on the hearing notice before you arrive.
How do temporary orders work in Clark County?: Under Civ. R. 75(N), Clark County may set an oral hearing on temporary-orders motions. File a Motion for Temporary Orders with current Affidavit 1 (income/expenses) and Affidavit 2 (property). Contact the Clerk at (937) 521-1753 for the local cover sheet and to find out whether your assigned Magistrate decides on the affidavits or sets a hearing.
Is mediation available in Clark County?: Yes. Clark County offers court-connected mediation for custody, parenting time, and other family-law disputes — including post-decree motions. Either party can request a referral using the Clark County Mediation Referral Form, or the Magistrate can refer sua sponte. Mediation is generally not used in CPO cases involving domestic violence.

Free Local Resources in Clark County

Clark County DR Clerk. 101 N. Limestone Street, Springfield, OH 45502. Phone (937) 521-1753 for filing-fee deposits, copy requirements, and procedural questions.
Ohio Supreme Court Standardized Forms. Clark County uses these forms for every DR case type — divorce, dissolution, legal separation, annulment, and post-decree modifications. Available at supremecourt.ohio.gov.
Clark County Public Library (Main Branch, S. Fountain Ave.). LawPak Ohio Dissolution forms at the Reference Desk and access to the Cengage Legal Forms Database (library card required).
Clark County Mediation Referral. Court-connected mediation for custody, parenting time, and post-decree disputes. Referral form linked from clarkcountyohio.gov DR forms page.
Legal Aid of Western Ohio. Free civil legal assistance for income-qualifying Clark County residents. Call (877) 894-4599.
Clark County Bar Association. Lawyer referral service. clarkcobar.com.
United Way 2-1-1 (Clark, Champaign & Madison Counties). Free 24/7 referral line for local shelter, advocacy, and social services.

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.

Keep exploring

Ohio Legal Separation guide — Statewide overview of legal separation in Ohio.
Dayton family law — Local attorneys and courts serving the Dayton metro.
Meet Stephanie Green — Managing Partner & Family Law Attorney at Gavvl Law.
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