Filing for Divorce in Delaware County

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

File a Complaint for Divorce — Uniform DR Form 6 without children or Form 7 with children — with the Delaware County Clerk of Courts for the DR Division at 117 N. Union Street, Level 400, Delaware, OH 43015, or e-file at court.co.delaware.oh.us. The deposit is $385 without children or $485 with children. You must attach the Affidavit of Basic Information, Income, and Expenses (Affidavit 1) and Affidavit of Property and Debt (Affidavit 2); with children, add Affidavits 3 and 4. You or your spouse must have been an Ohio resident for 6+ months and a Delaware County resident for 90+ days.

Where to File: Delaware County Court of Common Pleas, Domestic Relations Division

Juvenile Branch (Never-Married Parents)

Delaware County Juvenile Court
145 N. Union Street, Delaware, OH 43015, Delaware, OH 43015
Phone: (740) 833-2600
Hours: Monday–Friday, 8:30 a.m. – 4:30 p.m.

Divorce is the right path if…

• You and your spouse do not agree on everything — custody, support, property, or debt.
• Your spouse won't sign paperwork, won't respond, or can't safely be negotiated with.
• You need temporary orders now for support, parenting time, or use of the home.
• You or your spouse meet Ohio's 6-month residency and Delaware County's 90-day venue rule.

If you and your spouse already agree on every term in writing, a dissolution is usually faster and cheaper. See Delaware County dissolution options.

Filing Fees

$385 without children · $485 with children · Fee Waiver Affidavit available if you can't afford the deposit (Local Rule 4.03)

Forms & Filing Packets

How to File Divorce in Delaware County

1. Confirm Ohio residency and Delaware County venue. You or your spouse must have lived in Ohio 6+ months and Delaware County 90+ days.
2. Decide whether you are filing or answering. File Form 6 (no children) or Form 7 (with children). If you were served, file your Answer and affidavit package within the time allowed (Form 10 or 11).
3. Assemble the affidavit package. Core complaint plus Affidavits 1 and 2 and the Party Supplemental Information Affidavit; with children, add Affidavits 3 and 4, the Parenting Supplemental Information Affidavit, and the child-support worksheet.
4. File at 117 N. Union Street or e-file. Pay the $385 or $485 deposit at the Clerk of Courts, Level 300, or e-file at court.co.delaware.oh.us. A mutual restraining order takes effect on filing.
5. Complete the For the Children seminar if you have children. Register through OSU Extension at (740) 833-2030 and file proof before the final hearing.

Delaware County Practice Notes

• Automatic mutual restraining order at filing. Under Local Rule 2.04, filing a complaint for divorce, annulment, or legal separation automatically puts a mutual restraining order in place against both spouses — no separate motion is required. It restrains dissipating property, canceling insurance, incurring debt against the other, and moving the children's residence, among others.
• Parenting seminar is mandatory before the decree. Both parents must complete the 'For the Children' seminar through the OSU Extension Office, (740) 833-2030, before any final decree in a case with minor children. Failure to attend can delay or dismiss the case.
• Best-interest standard governs. R.C. 3109.04(F)(1) lists 10+ factors: each parent's wishes, the child's wishes (when of sufficient age), the child's interaction with parents/siblings, adjustment to home/school/community, mental and physical health of all involved, the parent more likely to facilitate court-approved parenting time, child support compliance, criminal history, residence outside Ohio, and any history of abuse.

Frequently Asked Questions

What are the residency requirements to file in Delaware 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 Delaware County resident for at least 90 days to set venue here. For a dissolution, only the 6-month Ohio residency applies — there is no separate Delaware County residency requirement.

How much does it cost to file in the Delaware County DR Court?

Clerk of Courts deposits are: divorce $385 without children / $485 with children; dissolution $355 without children / $455 with children; parentage complaint $200; post-decree reactivation $200. Counterclaims and amended complaints are $150 each. If you cannot afford the deposit, file the Fee Waiver Affidavit (Local Rule 4.03).

How long does a Delaware County case usually take?

Dissolution: 30–90 days — Local Rule 7.03 sets the final hearing between 30 and 90 days after filing. Uncontested (default) divorce: roughly 4–6 months, with the uncontested final hearing held at least 42 days after service is completed (Local Rule 8.01). Contested divorce: 6–18 months depending on discovery, custody disputes, and trial scheduling.

Can I e-file in Delaware County?

Yes. Delaware County uses the eAccess / E-Services portal at court.co.delaware.oh.us for Domestic Relations, General, Probate, and Juvenile filings. Documents proposed to be filed under seal must NOT be e-filed — they have to be filed in person or by mail with a motion to seal. LexisNexis processes payment, so confirm the amount before authorizing.

Does Delaware County issue an automatic restraining order when I file?

Yes. Under Local Rule 2.04, a mutual restraining order takes effect automatically upon the filing of a complaint for divorce, annulment, or legal separation. It restrains both spouses from six categories of conduct, including dissipating property, canceling insurance, incurring debt against the other, and removing the children's residence. A standalone dissolution does not trigger it.

How do temporary orders work in Delaware County?

Under Local Rule 9, temporary-orders motions are considered 14 days after service and are generally decided on the filed affidavits (capped at 10 pages without prior approval). If a Civ.R. 75 oral hearing is held, each party is allotted 20 minutes and initial discovery must be exchanged first. File the Affidavit for Temporary Orders Without Oral Hearing (Uniform DR Affidavit 5) to request support, parenting time, or use of the home now.

Is the parenting seminar required in Delaware County?

Yes. Under Local Rule 2.02(E) / 7.02(C), both parents in any divorce, dissolution, legal separation, or annulment involving minor children must complete the 'For the Children' parenting seminar before a final decree is issued. The seminar is run through the OSU Extension Office at (740) 833-2030. It may be waived only for good cause, and failure to attend can result in dismissal or suspension of court-ordered parenting time.

Free Local Resources in Delaware County

• Delaware County DR Court Forms Page. Every Domestic Relations form, the case-type ZIP packets (divorce, dissolution, parentage, modification, CPO), and the filing checklists are posted free at domestic.co.delaware.oh.us/forms.
• Delaware County DR Virtual Resource Center. The DR Division's self-help hub links the general-information pages, FAQs, common-terms glossary, the For the Children parenting seminar, and the Co-Parenting Program at domestic.co.delaware.oh.us/virtual-resource-center.
• Delaware County eAccess / E-Services Portal. Self-represented and represented parties can e-file and check dockets at court.co.delaware.oh.us/eservices. Payment is processed through LexisNexis — confirm the amount before authorizing.

Other Family-Law Topics in Delaware County

• Delaware County Divorce — Contested and default divorce filing guide for the DR Division.
• Delaware County Dissolution — Both-parties-agree route — faster and cheaper than divorce.
• Delaware County Custody — Married parents file inside divorce; never-married parents file parentage in the DR Division.

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.
• Columbus family law — Local attorneys and courts serving the Columbus metro.
• Meet Stephanie Green — Managing Partner & Family Law Attorney at Gavvl Law.
• Payment plans & financing — Flat fees with Gavvl Direct, Affirm, Klarna, or PayPal Pay Later.