Fayette County Divorce Attorneys
Reviewed by Stephanie Green · Managing Partner & Co-Founder · Last updated June 11, 2026
Fayette County, Ohio · Washington Court House
A Fayette County divorce is filed with the Clerk of Courts at the General & Domestic Relations Division of the Court of Common Pleas (Judge David B. Bender, 110 East Court Street, 3rd Floor). The filing deposit is $400, and if your spouse lives in Ohio, personal service is required (Local Rule 11.02).
Hire Gavvl for your Fayette County divorce case
Flat-fee and full-representation options: we handle the filings, the Fayette County local forms, the court strategy, and the hearings — and you know the price before we start.
Start with a $25 consultation and talk through your options with an Ohio family-law attorney before you commit to anything. Get started online or see payment plans & financing.
How do I file for divorce in Fayette County, Ohio?
File a Complaint for Divorce with the Fayette County Clerk of Courts using Ohio Supreme Court Form 6 (without children) or Form 7 (with children), the financial affidavits (Affidavits 1 and 2), and — with children — the Parenting Proceeding Affidavit (Affidavit 3), Health Insurance Affidavit (Affidavit 4), a parenting plan, and the Ohio child-support worksheet, following the county's Divorce Checklist. Pay the $400 deposit. You or your spouse must have lived in Ohio at least six months, and if your spouse is in Ohio, personal service is required. Attorneys must e-file through Henschen; pro se filers are exempt.
Hire Gavvl Law for your Fayette County divorce
A Fayette County divorce runs through the General & Domestic Relations Division under Judge David B. Bender at 110 East Court Street, 3rd Floor, on a $400 Clerk deposit — and if your spouse lives in Ohio, Local Rule 11.02 bars you from starting with certified mail. Gavvl Law assembles the Ohio Supreme Court complaint (Form 6 or Form 7), Affidavits 1 through 4, and the county's Divorce Checklist correctly the first time, arranges the required personal service, and offers a flat fee approved up front for uncontested filings or full representation when the case is contested.
- The Divorce Checklist, matched form for form. Fayette pairs the Ohio Supreme Court forms with its own Divorce Checklist, and a case with children needs Affidavits 3 and 4, a parenting plan, and the child-support worksheet on top of the base complaint. We file the full packet the Clerk at (740) 335-6371 expects so your case number issues without a bounce-back.
- Personal service handled under Local Rule 11.02. Because an Ohio-resident spouse must be personally served, not mailed, we set up service correctly at the outset and fall back to publication or posting if your spouse cannot be found. Attorneys must e-file through Henschen while pro se filers are exempt, and we handle the electronic filing for you.
- Flat fee up front, or a poverty affidavit. You approve one flat fee before we start, with payment plans available, and contested cases can move to full representation. If the $400 deposit is out of reach, we prepare an Affidavit of Poverty asking the court to waive the up-front cost so filing is not blocked by money.
Fayette County keeps divorce in the General & Domestic Relations Division, which shares the General Division's judge, clerk, local rules, and fee schedule, so a lawyer who knows Judge Bender's 3rd-floor court and the (740) 335-4750 option #6 line moves your case faster than a firm learning the county from scratch. We also flag when parenting education might be ordered case by case, pointing families to the free Triple P Online resource the county promotes.
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 — General & Domestic Relations Division
110 East Court Street, 3rd Floor, Washington Court House, OH 43160Phone: (740) 335-4750
Hours: Monday–Friday
Website: Court website
e-Filing: Online e-filing portal
Juvenile Branch (Never-Married Parents)
Fayette County Probate-Juvenile Court
110 East Court Street, 2nd Floor, Washington Court House, OH 43160
Phone: (740) 335-0640
Hours: Monday–Friday
Divorce is the right path if…
- You and your spouse don't agree on everything (custody, parenting time, property, debt, or support).
- Your spouse won't sign paperwork, won't communicate, or can't be located.
- You need temporary or final court orders your spouse won't agree to.
- You or your spouse have lived in Ohio for at least six months before filing.
If you and your spouse already agree on everything in writing, a dissolution is usually faster and lower-conflict. Compare dissolution.
Filing Fees
$400 divorce deposit (eff. 07/03/2023) · advance cost deposit, not a flat fee · personal service required if the spouse is in Ohio (Local Rule 11.02) · attorneys e-file via Henschen, pro se exempt · Affidavit of Poverty available · confirm current amounts with the Clerk at (740) 335-6371
Forms & Filing Packets
Core divorce filing packet (no minor children) — $400 deposit
File the Complaint for Divorce without Children (Ohio Form 6) with the financial affidavits, following the Fayette County Divorce Checklist, and pay the $400 deposit.
- Complaint for Divorce Without Children (Ohio SC Form 6) — Opens your divorce case and tells the court what you're asking for. Use when you and your spouse have no minor children together.
- Affidavit of Income & Expenses (Ohio SC Affidavit 1) — Income, expenses, and basic financial information. Each party files their own. Must be notarized.
- Affidavit of Property (Ohio SC Affidavit 2) — Lists every asset and debt. Required at filing.
- Divorce Checklist (Fayette County) — Fayette County checklist of the documents required to file a divorce in the General & Domestic Relations Division, used with the Ohio Supreme Court standardized divorce forms.
- Domestic Relations Court Page (Fayette County) — The General & Domestic Relations Division's page (Judge David B. Bender), where divorce, dissolution, legal separation, and annulment are heard at 110 East Court Street, 3rd Floor, Washington Court House.
Core divorce filing packet (with minor children) — $400 deposit
Use the Complaint for Divorce with Children (Ohio Form 7), add the parenting and health-insurance affidavits, a parenting plan, and the support worksheet, following the Divorce Checklist.
- Complaint for Divorce With Children (Ohio SC Form 7) — The divorce Complaint used when you and your spouse have minor children together. Pleads custody, parenting time, and child-support allegations.
- Affidavit of Income & Expenses (Ohio SC Affidavit 1) — Income, expenses, and basic financial information. Each party files their own. Must be notarized.
- Affidavit of Property (Ohio SC Affidavit 2) — Lists every asset and debt. Required at filing.
- Parenting Proceeding / UCCJEA Affidavit (Ohio SC Affidavit 3) — Required in any case with minor children. Lists where each child has lived for the last 5 years, confirming Ohio's UCCJEA jurisdiction.
- Health Insurance Affidavit (Ohio SC Affidavit 4) — Discloses whether health insurance is available for the children through either parent's employer, so the court can order medical support.
- Ohio Child Support Computation Worksheet (2024 Income Shares) — Run the official Ohio Child Support Calculator, print, and sign. Required any time the court sets or changes support.
- Parenting Plan (Ohio SC Form 21) — Used when one parent will be designated residential parent and legal custodian.
- Divorce Checklist (Fayette County) — Fayette County checklist of the documents required to file a divorce in the General & Domestic Relations Division, used with the Ohio Supreme Court standardized divorce forms.
Temporary orders add-on
Request temporary support, parenting time, or exclusive use of the home by affidavit under Civ.R. 75(N); the court can rule and the orders take effect while the case is pending.
- 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 a current Financial Affidavit (Affidavit 1) and Affidavit 2 (Property).
- Affidavit of Income & Expenses (Ohio SC Affidavit 1) — Income, expenses, and basic financial information. Each party files their own. Must be notarized.
- Ohio Child Support Computation Worksheet (2024 Income Shares) — Run the official Ohio Child Support Calculator, print, and sign. Required any time the court sets or changes support.
How to File Divorce in Fayette County
- Confirm Ohio residency. You or your spouse must have lived in Ohio for at least six months before filing for divorce (R.C. 3105.03).
- Prepare the complaint and affidavits. Use Ohio Supreme Court Form 6 (no children) or Form 7 (with children) with Affidavits 1 and 2; with children, add Affidavits 3 and 4, a parenting plan, and the support worksheet, following the Divorce Checklist.
- File with the deposit. File with the Clerk of Courts, 110 East Court Street, 3rd Floor, (740) 335-6371, and pay the $400 deposit, or file an Affidavit of Poverty. Attorneys e-file via Henschen; pro se filers may file in person.
- Serve your spouse. If your spouse is in Ohio, arrange personal service (Local Rule 11.02); if they can't be located, use service by publication or posting.
- Pretrial and decree. The court holds pretrial or status conferences and, if the case does not settle, a contested hearing; the case ends with a Judgment Entry of Divorce.
Fayette County Practice Notes
- Divorce is heard by the General & Domestic Relations Division. Divorce, dissolution, legal separation, and annulment are heard by the General & Domestic Relations Division of the Fayette County Court of Common Pleas under Judge David B. Bender, 110 East Court Street, 3rd Floor, Washington Court House. The Division shares the General Division's judge, clerk, local rules, and fee schedule. File through the Clerk of Courts, (740) 335-6371; the Division can be reached at (740) 335-4750, option #6.
- Personal service is required if your spouse is in Ohio. If your spouse lives in Ohio, personal service is required — you cannot start with certified mail (Local Rule 11.02). If the spouse can't be located, service is by publication, or by posting for six weeks if you are indigent.
- Attorneys e-file in Domestic Relations; pro se filers are exempt. E-filing through Henschen is required for attorneys in the General & Domestic Relations Division (https://www.fayette-co-oh.com/341/eFiling-Henschen); self-represented (pro se) filers are exempt and may file in person with the Clerk. The Probate-Juvenile Court does not offer e-filing — everything there is filed in person.
- A parenting class is not standard, but may be ordered. Fayette County's local rules do not name a mandatory parenting-class provider. A class is not believed to be a standard requirement in the Domestic Relations / General Division, but the court may order parenting education case by case, especially in contested matters (R.C. 3109.053). Fayette promotes Triple P Online as a free resource. Confirm whether a class is required in your case with the Judge's office, (740) 335-4750, option #6.
- Fee waivers are available with a poverty affidavit. If you cannot afford the deposit, file an approved Affidavit of Poverty asking the court to waive the up-front deposit. A waiver relieves only the up-front cost — court costs may still be owed at the end of the case.
- Guardian ad Litem cost. In Domestic Relations cases, a GAL is $100/hour up to $1,500 per case unless the court approves more (Local Rule 11.13). In Juvenile private cases, the requesting party pays, with a $500 county cap before extraordinary fees require a motion.
Frequently Asked Questions
- How much does it cost to file for divorce or dissolution in Fayette County?
- A $400 deposit for divorce and $350 for dissolution (effective 07/03/2023). An Answer with Cross-Claim is $300, a new married-parent custody complaint is $250, and a post-decree motion is $200. These are advance cost deposits, not flat fees. Fee waivers are available with an approved Affidavit of Poverty. Confirm current amounts with the Clerk at (740) 335-6371.
- Which court handles family-law cases in Fayette County?
- Divorce, dissolution, legal separation, and annulment are heard by the General & Domestic Relations Division of the Court of Common Pleas under Judge David B. Bender (110 East Court Street, 3rd Floor, Washington Court House). If the parents were never married, custody, support, visitation, and parentage are decided by the separate combined Probate-Juvenile Court under Judge Mary E. King (2nd Floor, (740) 335-0640). Domestic Relations cases are filed through the Clerk of Courts, (740) 335-6371.
- How is my spouse served in a Fayette County divorce?
- If your spouse lives in Ohio, personal service is required — you can't start with certified mail (Local Rule 11.02). If they can't be located, service is by publication, or by posting for six weeks if you're indigent.
- What are the residency rules for divorce and dissolution in Fayette County?
- Six months in Ohio to file for divorce (R.C. 3105.03). For a dissolution, at least one petitioner must also have lived in Fayette County for 90 days before filing (Local Rule 11.03).
- Does Fayette County require e-filing for divorce cases?
- E-filing through Henschen is required for attorneys in the General & Domestic Relations Division; self-represented (pro se) filers are exempt and may file in person with the Clerk. The Probate-Juvenile Court does not offer e-filing — those cases are filed in person.
Free Local Resources in Fayette County
- Fayette County Clerk of Courts (Domestic Relations). Current filing fees, deposit amounts, and case filing for divorce ($400), dissolution ($350), legal separation, annulment, and post-decree motions ($200). Clerk of Courts, 3rd Floor, 110 East Court Street, Washington Court House; (740) 335-6371; https://courts.fayette-co-oh.com/. Attorneys must e-file via Henschen (https://www.fayette-co-oh.com/341/eFiling-Henschen); pro se filers are exempt.
- Fayette County Probate-Juvenile Court. Judge Mary E. King, 2nd Floor, (740) 335-0640. Handles never-married-parent custody, parenting time, support, and parentage, plus non-parent custody, and runs a mediation program (Local Rule 18). All new juvenile family matters are a $100 deposit. There is no e-filing. Self-help: https://www.fayette-co-oh.com/269/Juvenile-Court.
- Fayette County Child Support Enforcement Agency (CSEA). Arranges genetic testing, opens IV-D cases, sets support under Ohio's guidelines, collects by income withholding, and reviews existing orders. Contact (740) 335-0745.
- Prosecutor's Victim Witness Division. Fayette County directs people seeking a civil protection order to the Prosecutor's Victim Witness Division for help determining eligibility and preparing the petition. There is no filing fee for the person seeking protection.
- Triple P (Positive Parenting Program) Online. Fayette County promotes Triple P Online as a free parent/caregiver resource: https://octf.ohio.gov/what-we-do/statewide-initiatives/triple-p-online. A parenting class is not a standard DR requirement, but the court may order one case by case.
- Ohio Child Support Calculator. Run the official Ohio 2024 Income Shares child-support worksheet at https://ohiochildsupportcalculator.ohio.gov/ before any case that sets or changes support.
Other Family-Law Topics in Fayette County
- Statewide Custody Overview — How Ohio custody and parenting time work at a high level.
- Talk to a Family Law Attorney — Connect with a Fayette County family-law attorney for help with your case.
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.