Filing for Divorce in Fayette County
Reviewed by Stephanie Green · Managing Partner & Co-Founder · Last updated June 9, 2026
Fayette County, Ohio · Washington Court House
A divorce is filed by one spouse against the other and does not require mutual agreement. In Fayette County, divorces are heard in the Court of Common Pleas, Domestic Relations Division of the courthouse at 110 East Court Street, before the Honorable David B. Bender. The county publishes a pro se Divorce Checklist that walks you through every required form, and you can file in person with the Clerk on the 3rd floor or eFile through the Henschen system.
How do I file for divorce in Fayette County, Ohio?
Start with the Fayette County Divorce Checklist, then file a Complaint for Divorce — Ohio Supreme Court Form 6 without minor children or Form 7 with minor children — together with a Financial Affidavit (Affidavit 1) and the other forms the checklist specifies. File with the Clerk of Courts on the 3rd floor of the courthouse, 110 East Court Street, Washington Court House, or eFile through Henschen. The divorce deposit is about $400 — confirm the current amount with the Clerk at (740) 335-6371; if you can't afford it, file an Affidavit of Indigency for a waiver. If you are served with a divorce complaint, respond using the county's Answer Checklist.
Transparent, flat-fee divorce help for Fayette County
Most people searching for divorce in Fayette County want to know the price first. We answer with a flat fee — not an hourly estimate that balloons — plus financing and full-service representation when your case calls for it. Below you'll also find the Fayette County court information — contacts in Washington Court House, the forms you need, and local fee details.
- One flat fee, agreed up front. The price is fixed and quoted up front, so you're never billed by the hour or hit with add-ons after you begin.
- Payments that fit your budget. Flexible payment plans and financing are available, so cost doesn't have to delay getting help.
- Why Fayette County families choose us. Fayette County families pick us because the flat fee removes the billing pressure — we work to close out your divorce case, not to log more hours. Ohio-licensed attorneys, all 88 counties.
Flat-fee options
Flat-fee limited scope: we draft and file the correct complaint packet for your situation; you appear at any hearings yourself.
- Complaint for Divorce: $1,250
- With temporary orders: $1,750
- With minor children: $1,750
- With children + temporary orders: $2,000
Prefer full representation? An Ohio attorney can carry the entire case on a $3,500 retainer.
Split any flat fee with Gavvl Direct — our in-house plan at 19% APR, $500 minimum — on a 60%-down schedule of 18 weekly, 8 bi-weekly, or 4 monthly payments, or full financing where work begins once 60% is paid. Affirm, Klarna, and PayPal Pay Later are also available through LawPay.
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) |
Where to File: Fayette County Court of Common Pleas, Domestic Relations Division
Fayette County Courthouse, 110 East Court Street, 3rd Floor, Washington Court House, OH 43160Phone: (740) 335-4750
Hours: Monday–Friday, 8:00 a.m. – 4:00 p.m.
Website: Court website
e-Filing: Online e-filing portal
Juvenile Branch (Never-Married Parents)
Fayette County Juvenile Court
Fayette County Courthouse, 110 East Court Street, 2nd Floor, Washington Court House, OH 43160
Phone: (740) 335-0640
Hours: Monday–Friday, 8:00 a.m. – 4:00 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 have grounds — incompatibility, one year living separate and apart, or a fault ground.
- You want the court to be able to decide the issues you can't resolve.
If you and your spouse already agree on every term, a dissolution is usually faster and lower-conflict. See Fayette County dissolution options.
Filing Fees
The Fayette County divorce deposit is about $400 — a security deposit toward court costs, not the final bill — under the Clerk of Courts fee schedule effective July 3, 2023, plus small statutory computer-fund add-ons. Amounts can change, so confirm the current figure with the Clerk at (740) 335-6371. An Affidavit of Indigency (fee waiver) is available under Ohio Civ.R. 3(E).
Forms & Filing Packets
Divorce packet (no minor children) — About $400 deposit (Clerk fee schedule, eff. 7/3/2023) — confirm at (740) 335-6371; Affidavit of Indigency waiver available
The core filing when you and your spouse have no minor children together. The Divorce Checklist lists the complete set of documents.
- Fayette County Divorce Checklist — Fayette County's pro se checklist listing every form a divorce filing needs and how to complete it. Start here.
- Complaint for Divorce Without Children (Ohio SC Form 6) — Opens your divorce case. Use when you and your spouse have no minor children together.
- Financial Affidavit (Ohio SC Affidavit 1) — Discloses your income, expenses, and basic financial information. Required for each party.
Divorce packet (with minor children) — About $400 deposit (Clerk fee schedule, eff. 7/3/2023) — confirm at (740) 335-6371; Affidavit of Indigency waiver available
Adds the Ohio standardized children's forms. The Divorce Checklist specifies the complete list for cases with minor children.
- Fayette County Divorce Checklist — Fayette County's pro se checklist listing every form a divorce filing needs and how to complete it. Start here.
- Complaint for Divorce With Children (Ohio SC Form 7) — The divorce Complaint used when you and your spouse have minor children together.
- Financial Affidavit (Ohio SC Affidavit 1) — Discloses your income, expenses, and basic financial information. Required for each party.
- Parenting Proceeding Affidavit (Ohio SC Affidavit 3) — Lists where each child has lived and with whom, confirming the court's jurisdiction over custody.
- Health Insurance Affidavit (Ohio SC Affidavit 4) — Reports the children's health-care coverage so the court can address medical support.
- Ohio Child Support Computation Worksheet — Run the official Ohio Income Shares calculator, print, and sign. Required any time the court will set support.
- Shared Parenting Plan (Form 20) or Parenting Plan (Form 21) — Use a Shared Parenting Plan (Form 20) when both parents will be residential parents/legal custodians, or a Parenting Plan (Form 21) for the parenting schedule.
If you were served with a divorce complaint
If your spouse filed first and you've been served, you respond with an Answer. Fayette County provides a pro se Answer Checklist.
- Fayette County Answer Checklist — Walks the responding spouse through filing an Answer (and, where appropriate, a counterclaim) on time.
How to File Divorce in Fayette County
- Download and complete the Divorce Checklist. Start with Fayette County's pro se Divorce Checklist, which lists every form your filing needs and how to complete it.
- Complete the Complaint and affidavits. Use Ohio SC Form 6 (no children) or Form 7 (with children), the Financial Affidavit (Affidavit 1), and — with children — the parenting affidavits, child-support worksheet, and a parenting plan.
- File with the Clerk or eFile through Henschen. File your packet with the Clerk of Courts on the 3rd floor at 110 East Court Street, or eFile through the Henschen system. Pay the fee set by the Clerk, or file an Affidavit of Indigency for a waiver.
- Serve your spouse. Arrange service on your spouse. If they can't be located, ask the Clerk about service by publication, which can be perfected by posting under the local rules.
- Attend the hearings before Judge Bender. The court schedules pretrial and merit hearings before Judge Bender. If you've been served instead, respond on time using the county's Answer Checklist.
Fayette County Practice Notes
- Start with the county's Divorce Checklist. Fayette County's pro se Divorce Checklist lists exactly which forms are required and how to complete them — using it is the most reliable way to avoid a packet being bounced back. The Ohio Supreme Court standardized forms (Complaint, affidavits, and any parenting plan) are downloaded from the Ohio Supreme Court forms page.
- Two judges share one courthouse. Judge David B. Bender presides over the General & Domestic Relations Division (divorce, dissolution, legal separation, annulment), while the separate combined Probate-Juvenile Court — unmarried-parent custody, support, and adoptions — is under Judge Mary E. King. Both sit in the Fayette County Courthouse at 110 East Court Street.
- Service when a spouse can't be found. If your spouse can't be located, the county allows service by publication; under Juvenile Local Rule 21 the Clerk can post notice at the Courthouse, the Department of Job and Family Services, and the BMV when publication isn't perfected by mailing.
Frequently Asked Questions
- What are the grounds for divorce filed in Fayette County?
- Ohio recognizes both no-fault and fault-based grounds. The no-fault grounds are living separate and apart for one year, or incompatibility (unless the other party denies it). The fault-based grounds are adultery, extreme cruelty, fraudulent contract, gross neglect of duty, habitual drunkenness, imprisonment, bigamy, or willful absence for one year. A divorce is filed by one spouse against the other and does not require mutual agreement.
- How much does it cost to file a family law case in Fayette County?
- The Fayette County Clerk of Courts charges a security deposit toward court costs set by its published fee schedule (effective July 3, 2023): about $400 for a divorce, $350 for a dissolution, $250 for a new custody action between married parents, and $200 for a post-decree motion, plus small statutory computer-fund add-ons. The separate Probate-Juvenile Court charges about a $100 deposit for a custody, support, parenting-time, or paternity case between never-married parents. These are deposits, not the final bill, and amounts can change — confirm the current figure with the Clerk at (740) 335-6371 before you file. If you cannot afford the deposit, an Affidavit of Indigency (fee waiver) is available for qualifying low-income filers under Ohio Civil Rule 3(E); the Juvenile and Probate divisions accept payment online through the BridgePayment portal.
- Where do I file in Fayette County?
- Domestic Relations cases (divorce, dissolution, legal separation, annulment, post-decree motions, and protection orders) run through the Domestic Relations Division of the Fayette County Courthouse, 110 East Court Street, Washington Court House. You file your paperwork with the Clerk of Courts on the 3rd floor of the building, or eFile through the Henschen system. Custody, support, and paternity for never-married parents are filed in the separate Probate-Juvenile Court on the 2nd floor of the same building.
- Can I eFile in Fayette County?
- In the General & Domestic Relations Division, e-filing through the Henschen system is required for attorneys, while self-represented (pro se) litigants are exempt and file in person with the Clerk of Courts on the 3rd floor of the courthouse at 110 East Court Street. The separate Probate-Juvenile Court does not offer e-filing yet, so custody, support, and paternity cases for never-married parents are filed in person, by mail, or by fax.
- Does Fayette County have self-help checklists for filing without a lawyer?
- Yes — Fayette County provides an unusually detailed set of six pro se filing checklists: a Dissolution of Marriage Checklist, a Divorce Checklist, a Post-Decree Motion Checklist, a Complaint for Custody Checklist, an Answer Checklist, and a unique Married but Separated Custody Packet. Each checklist walks you through exactly which forms are needed and how to complete them. The Juvenile Court also posts a Self-Help Custody Info sheet and a Motion to Continue / Blank Motion form.
- Who decides family law cases in Fayette County?
- Family-law matters in Fayette County are split between two judges in the same courthouse. The Honorable David B. Bender presides over the Court of Common Pleas, General & Domestic Relations Division, which hears divorce, dissolution, legal separation, and annulment. The separate combined Probate-Juvenile Court — which hears custody, parenting time, and child support for never-married parents, plus adoptions — is presided over by the Honorable Mary E. King. Both courts sit in the Fayette County Courthouse at 110 East Court Street.
Free Local Resources in Fayette County
- Fayette County Clerk of Courts. Publishes the Fee Schedule, the six pro se filing checklists, and eFiling (Henschen) instructions. Located on the 3rd floor of the courthouse, 110 East Court Street; call (740) 335-6371 to confirm current fees before filing. Online payments are accepted through BridgePayment.
- Pro Se Checklists & Juvenile Self-Help Forms. Fayette County posts Divorce, Dissolution, and Custody checklists plus a Juvenile Self-Help/Forms page (including the Self-Help Custody Info sheet and a Motion to Continue / Blank Motion form) for people filing without an attorney.
- Fayette County Victim Witness Office. Provides domestic violence and protection order resources, including a downloadable Domestic Violence brochure, Protection Orders information, and a Teens, Dating Violence & Sexual Assaults page.
- Triple P Positive Parenting Program. Free, evidence-based parenting tools through the Ohio Children's Trust Fund's Triple P Online program, linked by the Fayette County Juvenile Court.
- Ohio Legal Help & Fayette County Law Library. Ohio Legal Help (ohiolegalhelp.org) offers free plain-language guides and form help, and the Fayette County Law Library provides legal research resources and forms.
Other Family-Law Topics in Fayette County
- Fayette County Divorce — Grounds, the Divorce Checklist, and the Complaint forms filed in the Domestic Relations Division.
- Fayette County Dissolution — The both-spouses-agree path with a 30–90 day hearing before Judge Bender.
- Fayette County Legal Separation — Divide property and set support while staying legally married — same pleadings as divorce.
- Fayette County Custody — Married parents file inside a divorce; never-married parents file in Juvenile Court.
- Fayette County Modifications — Change a custody, parenting-time, or support order with the Post-Decree Motion Checklist.
- Fayette County Contempt — Enforce an order with a Motion for Contempt (Form 24) and Show Cause Order (Form 25).
- Fayette County Protection Orders — The DR Court hears CPO and CSPO petitions; the Victim Witness office can help.
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.
Related guides
In-depth, attorney-written guides on divorce 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.
Continue your Fayette County research
- Ohio Divorce guide — Statewide overview of divorce in Ohio.
- Columbus family law — Local attorneys and courts serving the Columbus metro.
- Fayette County family law guide — Court info, local filing notes, FAQs, and the downloadable Fayette County guide.
- Meet Stephanie Green — Managing Partner & Co-Founder at Gavvl Law.
- Payment plans & financing — Flat fees with Gavvl Direct, Affirm, Klarna, or PayPal Pay Later.
Understand the cost
- Divorce vs. Dissolution in Ohio — How the two paths compare on agreement, timeline, and cost.
- Ohio Divorce Cost & Timeline by Path — Compare cost and timeline across every path to ending a marriage.
- Uncontested vs. Contested Divorce in Ohio — What each path means for your timeline and total cost.
Call (844) 694-2885 or email support@gavvl.com.
