Filing for Divorce with Children in Delaware County
Reviewed by Stephanie Green · Managing Partner & Co-Founder · Last updated May 27, 2026
File for divorce with minor children in the Delaware County Court of Common Pleas — Domestic Relations Division. Step-by-step guidance, 13 required forms, $485 (effective Jan 2, 2026) filing fee, parenting class requirements, and Ohio attorney help.
Delaware County's DR Court sits at 117 N. Union Street in downtown Delaware — the court itself on Level 400, the Clerk of Courts on Level 300 (you file at the Clerk, not the court). Two structural features make Delaware different from most Ohio counties: (1) a dedicated Domestic Relations Division with its own judge (Hon. Randall D. Fuller, the county's first DR judge, seated 2017) and multiple magistrates, and (2) downloadable form packets organized by case type with matching filing checklists. The 2026 filing fee for a divorce with children is $485 ($385 without children), among the higher end of Ohio's range. Cases with children require the Successful Co-Parenting Program for Divorcing Parents, registered through OSU Extension Delaware County. The court's Virtual Resource Center has video walkthroughs designed for self-represented filers.
Ohio Divorce by the Numbers
- 6 months Ohio residency required before you can file Source: Ohio Revised Code § 3105.03
- 90 days Residency in the county of filing (venue) Source: Ohio Civ. R. 3
- 30–90 days Typical time to finalize an uncontested dissolution Source: Ohio Revised Code § 3105.64
- 1 year Living separate and apart that qualifies as no-fault grounds Source: Ohio Revised Code § 3105.01
Compare Your Options for Ending a Marriage in Ohio
| Path | Ends the marriage? | Agreement required? | Best when |
|---|---|---|---|
| Dissolution | Yes | Yes — on every term before filing | Both spouses agree on everything and want the fastest, lowest-cost path |
| Divorce (contested) | Yes | No | Spouses disagree on property, support, or parenting and need a judge to decide |
| Divorce (uncontested / default) | Yes | No | One spouse will not respond or cannot be located |
| Legal separation | No — you stay married | Optional | You need court orders but must stay married (religion, insurance, or benefits) |
| Annulment | Treated as never valid | No | The marriage was never legally valid (fraud, bigamy, underage, or incapacity) |
Delaware County Court of Common Pleas — Domestic Relations Division
117 N. Union Street, Level 400, Delaware, OH 43015Phone: (740) 833-2025
Hours: Monday–Friday, 8:00 a.m.–5:00 p.m.
Website: Court website
Clerk of Courts on Level 300, 117 North Union Street. Clerk: (740) 833-2500.
Filing Fees
$485 divorce with children ($385 without children, 2026)
Payment methods: Cash, check, or credit/debit card (processing fee applies to card payments).
Delaware County Procedure Quirks
- Dedicated Domestic Relations Division — Delaware is one of the few Ohio counties with its own DR Judge (Hon. Randall D. Fuller, seated 2017) and multiple magistrates, separate from the General Division.
- Downloadable form packets by case type — Delaware publishes a ZIP file with every form for dissolution-with-children, dissolution-without-children, divorce-with-children, divorce-without-children, modification, parentage, dating-violence CPO, and DV CPO.
- Filing checklist for every case type tells self-represented filers exactly which forms to include.
- Virtual Resource Center: domestic.co.delaware.oh.us/virtual-resource-center publishes video walkthroughs and self-help guidance for pro se litigants.
- Successful Co-Parenting Program — Delaware's required parenting class for divorce/dissolution with children. Registration runs through OSU Extension Delaware County (delaware.osu.edu).
- DR Court on Level 400; Clerk of Courts on Level 300 — file at the Clerk, not the court.
- Local Rules updated June 27, 2025 — review before filing.
Parenting Class
Successful Co-Parenting Program for Divorcing Parents — OSU Extension — Delaware County (Register / learn more)
Required for parents with minor children in divorce or dissolution before the final hearing. Registration through OSU Extension.
Judges
- Hon. Randall D. Fuller (first dedicated DR Judge, seated 2017)
Delaware County Court of Common Pleas — Probate/Juvenile Division
145 N. Union Street, P.O. Box 8006, Delaware, OH 43015Phone: (740) 833-2600 (main) • (740) 833-2595 (Juvenile Traffic) • (740) 833-2607 (Public Records)
Website: Juvenile court website
Combined Probate and Juvenile Division — separate building one block from the Courthouse. Email filings to juvenilefilings@co.delaware.oh.us.
Domestic Relations vs. Juvenile
Delaware splits across two downtown buildings on N. Union Street: DR Court at 117 N. Union (Level 400, Clerk on Level 300) for divorces and dissolutions; Probate/Juvenile Court at 145 N. Union (Ground Floor) for never-married-parent cases and juvenile matters.
Free Local Resources in Delaware County
- Virtual Resource Center. Online walkthroughs, video guidance, and downloadable forms for self-represented parties.
- Form Packets by Case Type (ZIPs). Complete form packets for every case type, downloadable as ZIP files from domestic.co.delaware.oh.us.
- DR Local Rules (June 27, 2025). Updated June 2025 — current version published as PDF on the DR website.
- Successful Co-Parenting Program — Register through OSU Extension. Required parenting class for parents with minor children. Registration through delaware.osu.edu.
Other Delaware County Court Services
Domestic Violence & Dating Violence Protection Orders
A Civil Protection Order under R.C. 3113.31 can order an abuser to stay away, leave a shared home, and surrender weapons, and can include temporary custody and support. In Delaware County, file the petition with the Clerk of Courts at 117 N. Union Street, Delaware. There is no filing fee, and an ex parte order can be issued the same day.
- Petition for Domestic Violence Civil Protection Order (Form 10.01-D)
- Consent Agreement / Protection Order (Form 10.01-F)
- Parenting Proceeding / UCCJEA Affidavit (Form 3)
If an ex parte order is issued, the full hearing is held within 10 court days (within 7 court days if the order requires the respondent to vacate the residence). A final CPO can last up to 5 years. The Delaware County Prosecutor's Office of Victim Services can help petitioners through the process.
Delaware County Probate Court
145 N. Union Street, Delaware, OH 43015Phone: (740) 833-2680
Judge David A. Hejmanowski
Website: Court website
Adoptions, name changes, guardianships, and marriage licenses are handled by Probate Court, a separate division from Domestic Relations. The Probate/Juvenile building is at 145 N. Union Street; mailings go to P.O. Box 8006, Delaware, OH 43015.
Guardian ad Litem, Parenting Coordinator & Mediation
When a case involves children or high conflict, the Domestic Relations Court can appoint a Guardian ad Litem to investigate the children's best interest, appoint a Parenting Coordinator to manage ongoing disputes, or refer the parties to court mediation.
Guardian ad Litem (GAL)
A Guardian ad Litem (GAL) is appointed from the court's roster to investigate and make recommendations on the children's best interest, including meeting with the children, parents, and collateral sources. GAL fees are set by the court and allocated between the parties, and indigent parties may ask the court to waive or reduce the deposit.
Parenting Coordinator (PC)
A Parenting Coordinator (PC) may be appointed in high-conflict cases to help parents implement their parenting plan, resolve day-to-day disagreements, and reduce repeat court filings. The PC is appointed by court order and selected from the court's approved list.
Delaware County DR Mediation
The court can refer parents to confidential mediation with a neutral mediator to resolve custody, parenting-time, and related disputes without a contested hearing. Mediation is not used where there has been domestic violence between the parties.
Required divorce-with-children packet (13 forms)
- Divorce With Children Packet (ZIP) — Delaware-published packet with every form you need to file divorce with children — download once, print, fill out.
- Divorce With Children Checklist — Delaware's official checklist — work through it before filing to confirm every form is complete.
- Complaint for Divorce with Children — The main document that starts your case and lists what you're asking the court to decide.
- DR Classification Form (Delaware local) — Delaware-specific intake form identifying case type and assignment.
- Mutual Restraining Order (Delaware local) — Restrains both parties from harassment and from moving or hiding money while the case is pending.
- Affidavit of Income & Expense — Your income and monthly bills. Submit with your 3 most recent paystubs.
- Affidavit of Property & Debt — Lists what you own and owe — house, vehicles, accounts, retirement, debts.
- Parenting Proceeding Affidavit (UCCJEA) — The children's 5-year address history.
- Health Insurance Affidavit — Confirms who provides insurance for the family and the cost.
- Party Supplemental Information Affidavit (Delaware local) — Delaware-specific affidavit with additional party information.
- Parenting Supplemental Information Affidavit (Delaware local) — Delaware-specific affidavit with additional parenting information.
- Local Parenting Time Schedule (Delaware local) — Delaware's default companionship schedule — incorporate by reference or modify as agreed.
- Decree of Divorce With Children — The court's final order at the end of the case.
Temporary orders while your case is pending
Delaware's Mutual Restraining Order (MRO) is a local form filed with the Complaint that binds your spouse once they are served. Affidavit 5 separately requests parenting time, support, etc. while the case is pending; the case cannot move forward until service is complete.
- Mutual Restraining Order (Delaware local) — Restrains both parties from harassment and from moving or hiding money while the case is pending — filed with the Complaint.
- Motion & Affidavit for Temporary Orders — Requests temporary parenting, support, and other orders while the case is pending.
Related guides
In-depth, attorney-written guides on divorce, custody, and related Ohio family law topics.
- 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.
- 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 Much Does a Divorce Cost in Ohio? — The cost of an Ohio divorce ranges widely depending on conflict and complexity. Here's what drives the price — court fees, attorney fees, experts — and how to keep it manageable.
- How Long Does a Divorce Take in Ohio? — There is no single answer to how long an Ohio divorce takes — an agreed dissolution can finish in a couple of months, while a contested divorce may run a year or more. Here's what drives the timeline.
Related to your 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.
- Spousal Support — Pursue or respond to alimony requests during and after divorce.
Call (380) 205-3899 or email support@gavvl.com.
