Filing for Legal Separation in Delaware County

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

File a Complaint for Legal Separation (Delaware County local form) with the DR Division at 117 N. Union Street, Level 400, Delaware, OH 43015, along with the Affidavit of Basic Information (Affidavit 1), Affidavit of Property and Debt (Affidavit 2), and the Party Supplemental Information Affidavit; with children, add Affidavits 3 and 4 and the Parenting Supplemental Information Affidavit. Deposits track divorce — $385 without children, $485 with children. A mutual restraining order takes effect automatically on filing (Local Rule 2.04), and the same Ohio 6-month / Delaware County 90-day residency applies. You stay legally married, but the court can still divide property and order custody and support.

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.

Legal Separation is the right path if…

• You want court-ordered support and property division but not a divorce.
• Divorce conflicts with your religious beliefs, immigration status, or insurance.
• You want to formalize a separation while keeping the marriage intact.
• You or your spouse meet the 6-month Ohio and 90-day Delaware County residency rules.

If you ultimately want to end the marriage, a divorce or dissolution is the better fit. Compare divorce options.

Filing Fees

$385 without children · $485 with children · You remain legally married

Forms & Filing Packets

How to File Legal Separation in Delaware County

1. Confirm residency and venue. You or your spouse must meet Ohio's 6-month residency and Delaware County's 90-day venue rule.
2. Complete the local complaint and affidavits. File the Complaint for Legal Separation with Affidavits 1 and 2 and the Party Supplemental Affidavit; add the parenting forms with children.
3. File and pay the deposit. File at the Clerk of Courts, 117 N. Union Street, and pay $385 or $485. The mutual restraining order takes effect on filing.
4. Complete the parenting seminar if applicable. Register through OSU Extension at (740) 833-2030 and file proof before the final hearing.

Delaware County Practice Notes

• Automatic mutual restraining order applies. Like a divorce, filing a complaint for legal separation triggers the automatic mutual restraining order under Local Rule 2.04 — no separate motion needed.
• Parenting seminar still required with children. A legal separation involving minor children requires both parents to complete the 'For the Children' seminar through OSU Extension, (740) 833-2030, before the decree.
• 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).

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.

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 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.
• 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.