Filing for Divorce in Clinton County

Clinton County, Ohio · Wilmington

A Clinton County divorce is filed at the Common Pleas Court at 46 South South Street, Suite 333, Wilmington, in front of Hon. John W. Rudduck — the sole judge who hears every Common Pleas division. Clinton County uses the Ohio Supreme Court standardized forms plus two local forms (Case Designation and Personal Identifier) that must accompany every new filing. E-filing through efile.henschen.com has been mandatory since January 1, 2024.

How do I file for divorce in Clinton County, Ohio?

E-file a Complaint for Divorce (Ohio Supreme Court Form 4 without children or Form 5 with children) through efile.henschen.com with the Clinton County Court of Common Pleas at 46 South South Street, Suite 333, Wilmington, OH 45177. Include the local Case Designation Form and Personal Identifier Form with the complaint. Filing fees are $300 without children and $400 with children. You or your spouse must have lived in Ohio for at least 6 months and in Clinton County for at least 90 days. Ohio's mandatory 42-day waiting period after service applies before a final hearing.

Where to File: Clinton County Court of Common Pleas (Domestic Relations)

46 South South Street, Suite 333, Wilmington, OH 45177, Wilmington, OH 45177
Phone: (937) 382-3640
Hours: Monday-Friday 8:00 AM - 4:00 PM
Website: www.clintoncountycourts.org/

Juvenile Branch (Never-Married Parents)

Clinton County Juvenile Court
46 South South Street, Wilmington, OH 45177, Wilmington, OH 45177
Phone: (937) 382-2391
Hours: Monday-Friday 8:00 AM - 4:00 PM

Divorce is the right path if…

You and your spouse don't agree on everything (custody, parenting time, money, property, debt, or support).
Your spouse won't sign paperwork or won't communicate.
You need temporary orders now — for support, parenting time, or exclusive use of the home.
You or your spouse have lived in Ohio for at least 6 months and in Clinton County for at least 90 days.

If you and your spouse already agree on everything in writing, a Dissolution is faster and cheaper. See Clinton County dissolution.

Filing Fees

$300 without children · $400 with children · Mandatory e-filing · 42-day waiting period after service before final hearing

Forms & Filing Packets

Core divorce filing packet (no minor children) — $300

Clinton County Case Designation Form (local) — Required with every new domestic relations filing in Clinton County. Tells the Clerk what type of action you are filing.
Clinton County Personal Identifier Form (local) — Required with every new DR filing. Captures protected personal identifiers (SSN, DOB, etc.) on a separate form so they stay out of the public file.
Complaint for Divorce Without Children (Supreme Court Form 4) — Opens your Clinton County divorce when there are no minor children. Clinton uses the Ohio Supreme Court standardized form.
Affidavit of Income & Expenses (Affidavit 1) — Must be notarized. Required at filing in every Clinton DR case. Both parties file their own.
Affidavit of Property (Affidavit 2) — Lists every asset and debt. Required at filing alongside the Income Affidavit.
Decree of Divorce Without Children (Supreme Court Form 14) — Proposed final order ending the marriage. Prepare in advance; the Judge signs it at the final hearing.

Core divorce filing packet (with minor children) — $400

Clinton County Case Designation Form (local) — Required with every new domestic relations filing in Clinton County. Tells the Clerk what type of action you are filing.
Clinton County Personal Identifier Form (local) — Required with every new DR filing. Captures protected personal identifiers (SSN, DOB, etc.) on a separate form so they stay out of the public file.
Complaint for Divorce With Children (Supreme Court Form 5) — Opens your Clinton County divorce when minor children are involved. Pleads custody, parenting time, and child-support allegations.
Affidavit of Income & Expenses (Affidavit 1) — Must be notarized. Required at filing in every Clinton 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, and sign. Required any time the court is being asked to set or modify support.
Sole-Residential Parenting Plan (Supreme Court Form 21) — Used when one parent will be designated residential parent and legal custodian.
Decree of Divorce With Children (Supreme Court Form 15) — Proposed final order for a divorce with minor children. Incorporates the parenting plan, child-support worksheet, and property allocation.

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

File under Civ. R. 75(N) with current financial affidavits attached.

Motion for Temporary Orders (Civ. R. 75(N)) — Asks the court for temporary custody, parenting time, child support, spousal support, or exclusive use of the home while the case is pending. Tip: Attach current Affidavit 1 and Affidavit 2 — incomplete financials cause continuances.
Ohio Child Support Computation Worksheet (2024 Income Shares) — Run the official Ohio Child Support Calculator, print, and sign. Required any time the court is being asked to set or modify support.

How to File Divorce in Clinton County

Confirm Ohio + Clinton County residency. You or your spouse must have lived in Ohio for at least 6 months and in Clinton County for at least 90 days before filing.
Pick your grounds. Ohio recognizes no-fault grounds (living separate and apart for 1 year, or incompatibility unless denied) and fault grounds (adultery, extreme cruelty, gross neglect of duty, habitual drunkenness, fraudulent contract, imprisonment, or willful absence for 1 year).
Assemble the right packet. Form 4 (no children) or Form 5 (with children), 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 proposed parenting plan. Always include the Case Designation Form and Personal Identifier Form.
E-file through efile.henschen.com. Upload the complete packet and pay the filing fee ($300 without children / $400 with children). The system issues a stamped, time-marked copy.
Serve your spouse and wait 42 days. Service can be by certified mail, Sheriff, or process server. The defendant has 28 days to file an Answer or Counterclaim. A final hearing cannot be held until at least 42 days after service is completed.

Clinton County Practice Notes

Mandatory e-filing. Since January 1, 2024 every filing must go through efile.henschen.com. Create an account before your first filing and have your PDFs ready.
Two local forms with every filing. The Case Designation Form and the Personal Identifier Form must accompany every new domestic relations case. Without them the Clerk may reject the filing.
42-day waiting period is mandatory. Ohio law forbids a final divorce hearing until at least 42 days after service is perfected. This cannot be waived even when the case is uncontested.
Sole-judge court. Hon. John W. Rudduck hears every Common Pleas division — civil, criminal, and DR. Plan around a single hearing calendar.

Frequently Asked Questions

What are the residency requirements to file in Clinton County?: For divorce, legal separation, or annulment, you or your spouse must have lived in Ohio for at least 6 months and in Clinton County for at least 90 days before filing. Dissolution only requires the 6-month Ohio residency.
How much does it cost to file in Clinton County DR?: Filing fees are $300 for a dissolution or divorce without children and $400 with children. A motion to reopen a case with children is $175; a civil motion to reopen is $100. Home investigations are $150. CPO petitions have no filing fee. Copies are $0.10 per page; certified copies add $2.00 per document.
Do I have to e-file in Clinton County?: Yes. Clinton County has required mandatory e-filing for all Common Pleas filings since January 1, 2024. File through efile.henschen.com. You will set up an account, upload your PDFs, and pay the filing fee online.
What local forms must accompany every new DR filing?: Two local forms are required with every new domestic relations filing: the Clinton County Case Designation Form and the Personal Identifier Form. Both are available on clintoncountycourts.org and must be e-filed with your complaint or petition.
How long does a Clinton County divorce take?: Ohio's mandatory 42-day waiting period after service applies in Clinton County — a final divorce hearing cannot be set sooner, and the waiting period cannot be waived. Uncontested divorces typically run 4-6 months; contested cases routinely run 8-18 months depending on discovery and the court's calendar.
How do temporary orders work in Clinton County?: Under Civ. R. 75(N) you may request temporary custody, parenting time, child support, spousal support, exclusive use of the marital home, or property restraining orders while the case is pending. File the motion together with current Affidavit 1 (income/expenses) and Affidavit 2 (property). The court may decide on the affidavits or set a hearing.
When do I file in Juvenile Court instead of DR?: If the parents were never married, custody, parenting time, and child support are filed in the Clinton County Juvenile Court at 46 South South Street, Wilmington — phone (937) 382-2391. If you were married, those issues travel with the divorce, dissolution, legal separation, or annulment in DR.

Free Local Resources in Clinton County

Clinton County Clerk of Courts. 46 South South Street, Wilmington, OH 45177. Phone (937) 382-2316. E-filing through efile.henschen.com.
Clinton County DR Local Rules (with form appendices). clintoncountycourts.org — DR forms are appendices to the local rules document.
Ohio Supreme Court Standardized Forms. Used for the complaint, affidavits, decree, parenting plans, and motions. Available at supremecourt.ohio.gov.
Ohio Child Support Calculator. ohiochildsupportcalculator.ohio.gov — run the worksheet and print it for filing.
Clinton County Law Library. 46 South South Street, Wilmington — (937) 382-2428.
Alternatives to Violence Center (Clinton County). 94 N. South Street, 3rd Floor, Suite D, Wilmington — Office (937) 383-3285 · 24-hour Crisis Line 1-888-816-1146.
Ohio Legal Help. ohiolegalhelp.org — plain-language guides and form walkthroughs.

Related to your divorce case

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

Keep exploring

Ohio Divorce guide — Statewide overview of divorce in Ohio.
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