Legal Separation in Fayette County

Reviewed by Stephanie Green, Esq. · Managing Partner, Gavvl Law · Last updated June 9, 2026

Fayette County, Ohio · Washington Court House

Legal separation follows the same filing process as a divorce but leaves the marriage legally intact — a path some couples choose for religious, insurance, or financial reasons. In Fayette County, it is filed in the Court of Common Pleas, Domestic Relations Division at 110 East Court Street before the Honorable David B. Bender, using the same initial pleading forms as a divorce.

How is legal separation different from divorce in Fayette County?

Legal separation uses the same filing process and the same initial pleading forms as a divorce in the Domestic Relations Division — the court can divide property and debt and order support and a parenting plan — but you remain legally married at the end. Use the Fayette County Divorce Checklist as your guide, file the Complaint (Ohio SC Form 6 without children or Form 7 with children) and a Financial Affidavit (Affidavit 1), and indicate that you are seeking a legal separation rather than a divorce. File with the Clerk on the 3rd floor at 110 East Court Street or eFile through Henschen; the fee is set by the Clerk, with an Affidavit of Indigency waiver available.

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, 1st Floor, Washington Court House, OH 43160, Washington Court House, OH 43160
Phone: (740) 333-3501
Hours: Monday–Friday, 8:00 a.m. – 4:00 p.m.
Website: www.fayette-co-oh.com/268/Domestic-Relations-Court
e-Filing: https://www.fayette-co-oh.com/341/eFiling-Henschen

Juvenile Branch (Never-Married Parents)

Fayette County Juvenile Court
Fayette County Courthouse, 110 East Court Street, Washington Court House, OH 43160, Washington Court House, OH 43160
Phone: (740) 333-3501
Hours: Monday–Friday, 8:00 a.m. – 4:00 p.m.

Legal Separation is the right path if…

You want court-ordered support, property division, or a parenting plan.
You prefer to stay legally married for religious, insurance, or financial reasons.
You are not ready to end the marriage but need legal structure now.
You can complete the same pleading forms a divorce requires.

If you want to end the marriage outright, a divorce or dissolution is the right path instead. Compare Fayette County divorce options.

Filing Fees

Filing fee set by the Fayette County Clerk of Courts — call (740) 335-6371 for the current Fee Schedule. An Affidavit of Indigency (fee waiver) is available under Ohio Civ.R. 3(E). Pay online through BridgePayment.

Forms & Filing Packets

Legal separation — core pleadings — Fee set by the Clerk — call (740) 335-6371; Affidavit of Indigency waiver available

Legal separation uses the same initial pleading forms as a divorce. Use the Divorce Checklist as your guide and mark that you are seeking a legal separation.

Fayette County Divorce Checklist (used for legal separation) — Legal separation follows the same filing process as divorce, so the Divorce Checklist lists the pleadings you need.
Complaint Without Children (Ohio SC Form 6) — The complaint used to open the case when there are no minor children. Tip: Indicate that you are requesting a legal separation rather than a divorce.
Financial Affidavit (Ohio SC Affidavit 1) — Discloses income and expenses so the court can decide support and property issues.

Legal separation with minor children — Fee set by the Clerk — call (740) 335-6371; Affidavit of Indigency waiver available

Adds the Ohio standardized children's forms when the couple has minor children together.

Fayette County Divorce Checklist (used for legal separation) — The Divorce Checklist lists the complete set of pleadings, including the children's forms.
Complaint With Children (Ohio SC Form 7) — The complaint used to open the case when there are minor children. Tip: Indicate that you are requesting a legal separation rather than a divorce.
Financial Affidavit (Ohio SC Affidavit 1) — Discloses income and expenses so the court can decide support and property issues.
Parenting Proceeding Affidavit (Ohio SC Affidavit 3) — Lists where each child has lived and with whom, confirming the court's jurisdiction over custody.
Ohio Child Support Computation Worksheet — Run the official Ohio Income Shares calculator, print, and sign. Required any time the court will set support.

How to File Legal Separation in Fayette County

Use the Divorce Checklist as your guide. Legal separation uses the same pleadings as a divorce, so download the Fayette County Divorce Checklist and follow it.
Complete the complaint and affidavits. Use Ohio SC Form 6 (no children) or Form 7 (with children) and a Financial Affidavit (Affidavit 1), and indicate you are seeking a legal separation. Add the children's forms if you have minor children.
File with the Clerk or eFile through Henschen. File with the Clerk of Courts on the 3rd floor at 110 East Court Street, or eFile through Henschen. Pay the fee set by the Clerk, or file an Affidavit of Indigency for a waiver.
Serve your spouse and attend the hearings. Arrange service on your spouse and attend the hearings before Judge Bender, who can divide property and order support and a parenting plan while you remain married.

Fayette County Practice Notes

You stay legally married. At the end of a legal separation you are still legally married — you cannot remarry. Many people choose it to keep health insurance or for religious reasons while still getting a binding order on finances and parenting. You can later file for divorce if your circumstances change.
Same pleadings as divorce. Because legal separation follows the same filing process as a divorce, use the county's Divorce Checklist and the same Ohio Supreme Court pleading forms, marking that you seek a legal separation.

Frequently Asked Questions

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 on the 1st floor 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 same building, or eFile through the Henschen system. Custody, support, and paternity for never-married parents are filed in the Juvenile Court at the same address.
How much does it cost to file a family law case in Fayette County?: The Fayette County Clerk of Courts publishes a Fee Schedule (PDF) on the Clerk's website rather than a single flat number — call the Clerk at (740) 335-6371 for the current amount for your case type 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). All three court divisions accept payment online through the BridgePayment portal.
Can I eFile in Fayette County?: Yes. Fayette County accepts electronic filing through the Henschen eFiling system, and separate instructions are available for attorneys and for pro se (self-represented) litigants on the Clerk of Courts page. You can also file in person with the Clerk of Courts on the 3rd floor of the courthouse at 110 East Court Street.
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?: The Honorable David B. Bender presides over all divisions of the Fayette County Court of Common Pleas — General, Domestic Relations, and Juvenile. Having one judge across every division is common in smaller Ohio counties and means scheduling, local rules, and court culture stay very consistent from one case type to the next.
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.

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.

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.

Call (844) 694-2885 or email support@gavvl.com.