Filing for Legal Separation in Clinton County

Clinton County, Ohio · Wilmington

A Clinton County legal separation follows the same process as a divorce — one spouse e-files a complaint, the other is served, and the court resolves property, debt, support, and (if applicable) parenting. The only difference is the outcome: the marriage stays legally intact. Either party can later file a motion to convert the case into a divorce.

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

E-file a Complaint for Legal Separation at the Clinton County Court of Common Pleas, 46 South South Street, Suite 333, Wilmington, OH 45177, through efile.henschen.com. Clinton County uses the same Ohio Supreme Court standardized forms as divorce — change the caption from "Divorce" to "Legal Separation." Include the local Case Designation Form and Personal Identifier Form. Filing fees are $300 without children and $400 with children. Same residency rules apply: 6 months in Ohio and 90 days in Clinton County.

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

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.
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 Clinton County divorce.

Filing Fees

$300 without children · $400 with children · Same residency rules as divorce (6 months Ohio + 90 days Clinton)

Forms & Filing Packets

Core legal-separation 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 Legal Separation Without Children (Supreme Court Form 4 — relabel caption) — Clinton County uses the same Form 4 as divorce — change the caption from "Divorce" to "Legal Separation."
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.

Core legal-separation 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 Legal Separation With Children (Supreme Court Form 5 — relabel caption) — Same Form 5 used for divorce-with-children; caption is changed to "Legal Separation."
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.

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 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 Legal Separation in Clinton County

Confirm Ohio + Clinton County residency. Same as divorce: 6 months Ohio + 90 days Clinton 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. Always include the Case Designation and Personal Identifier forms.
E-file through efile.henschen.com. Upload and pay the filing fee ($300 / $400). 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.

Clinton County Practice Notes

Same forms, different caption. Clinton 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 do not have to start over.
Health insurance is a common driver. Many 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 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 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.

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 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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