Fayette County Legal Separation Attorneys

Reviewed by Stephanie Green · Managing Partner & Co-Founder · Last updated June 11, 2026

Fayette County, Ohio · Washington Court House

Legal separation lets the court divide property and debt and order support and a parenting plan without ending the marriage. You stay legally married, which some people prefer for religious reasons, to keep health insurance, or while deciding whether to divorce.

Hire Gavvl for your Fayette County legal separation 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 does legal separation work in Fayette County, Ohio?

File a complaint for legal separation in the General & Domestic Relations Division of the Fayette County Court of Common Pleas using the Ohio Supreme Court standardized forms; with children, add the parenting and health-insurance affidavits, a parenting plan, and the Ohio child-support worksheet. The court can divide property and debt and order support and a parenting plan, but you remain legally married afterward. Confirm the current deposit with the Clerk at (740) 335-6371.

Put a flat-fee attorney on your Fayette County legal separation

Legal separation lets the Fayette County General & Domestic Relations Division divide property and debt and order support and a parenting plan while you stay legally married — a choice many people make for religious reasons, to keep health insurance, or while deciding whether to divorce. Because the county does not publish a separate legal-separation deposit, the amount is confirmed with the Clerk before filing. Gavvl Law prepares the complaint on the Ohio Supreme Court forms, handles service, and works on a flat fee approved up front.

The same court orders, without ending the marriage. A legal-separation complaint uses the Ohio Supreme Court standardized forms and financial affidavits, and with children it adds the parenting and health-insurance affidavits, a parenting plan, and the child-support worksheet. We assemble it so the court can rule on property, support, and parenting even though you remain married afterward.
Deposit confirmed with the Clerk, service done right. Fayette does not separately list a legal-separation deposit, so we verify the current amount with the Clerk at (740) 335-6371 before filing rather than guessing. If your spouse lives in Ohio, we arrange the personal service Local Rule 11.02 requires instead of starting with certified mail.
Flat fee up front, e-filed through Henschen. You approve one flat fee before work starts, with payment plans available and an Affidavit of Poverty ready if the deposit is a hardship. As your attorneys we e-file through the Henschen portal the Division requires of counsel, while pro se filers would have to file in person.

Legal separation and divorce share the same General & Domestic Relations Division, judge, and local rules in Fayette County, so if you later decide to end the marriage, we can move from separation to divorce without relearning a new court or clerk. Working with a lawyer who already knows the 3rd-floor Domestic Relations counter keeps the transition smooth if your plans change.

Flat-fee options

Flat-fee limited scope: we draft and file your legal separation complaint so you can divide finances while staying legally married. You appear at any hearings yourself.

Legal separation (no children): $1,750
Legal separation with children: $2,300

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.

Start your legal separation case or see payment plans & financing.

Ohio Legal Separation by the Numbers

Stay married A legal separation decree does not end the marriage — neither spouse may remarry Source: Ohio Revised Code § 3105.17
No residency rule Unlike a divorce, a legal separation has no 6-month Ohio residency requirement before filing Source: Ohio Revised Code § 3105.03
Full orders The court can divide property and order spousal support, custody, and child support Source: Ohio Revised Code §§ 3105.171, 3105.18
Can convert A legal separation does not stop either spouse from later filing for divorce Source: Ohio Revised Code § 3105.17

Legal Separation vs. Divorce in Ohio

Question	Legal separation	Divorce
Are you still legally married?	Yes — you stay married	No — the marriage ends
Can you remarry afterward?	No	Yes
Divides marital property and debts?	Yes	Yes
Can it order support, custody, and parenting time?	Yes	Yes
Ohio residency required to file?	Not required	6 months in Ohio
Can it later become a divorce?	Yes — either spouse can still file	It already ends the marriage

Where to File: Fayette County Court of Common Pleas — General & Domestic Relations Division

110 East Court Street, 3rd Floor, Washington Court House, OH 43160
Phone: (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

Legal Separation is the right path if…

You want court orders on property, support, and parenting but not a divorce.
You have religious or personal reasons to stay married.
You want to preserve health insurance or other marriage-based benefits.
You're not ready to decide on divorce but need legal structure now.

Filing Fees

Filed in the General & Domestic Relations Division; the county does not separately list a legal-separation deposit, so confirm the amount with the Clerk at (740) 335-6371 · Affidavit of Poverty available · attorneys e-file via Henschen, pro se exempt

Forms & Filing Packets

Legal separation filing packet

File the complaint for legal separation using the Ohio Supreme Court forms and financial affidavits; confirm the current deposit with the Clerk.

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.
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.

Children's terms

With minor children, use the with-children complaint, add the parenting and health-insurance affidavits, a parenting plan, and the Ohio child-support worksheet.

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.
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.

How to File Legal Separation in Fayette County

Decide separation vs. divorce. Legal separation keeps you legally married but lets the court order property division, support, and parenting terms.
Prepare the complaint. Use the Ohio Supreme Court complaint and financial affidavits; with children, add the parenting and health-insurance affidavits, a parenting plan, and the support worksheet.
File and serve. File with the Clerk of Courts, (740) 335-6371, pay the deposit or request a waiver, and serve your spouse (personal service if they're in Ohio).
Resolve the terms. The court can divide property and debt and order support and a parenting plan, while you remain legally married.

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.
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.

Frequently Asked Questions

What is legal separation in Fayette County, and how is it different from divorce?: Legal separation is filed in the General & Domestic Relations Division and lets the court divide property and debt and order support and a parenting plan without ending the marriage — you remain legally married afterward. People choose it for religious reasons, to keep health insurance, or while deciding whether to divorce. Confirm the current deposit 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 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.
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.

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.

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.

Related guides

In-depth, attorney-written guides on legal separation and related Ohio family law topics.

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 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.
Spousal Support in Ohio: How Alimony Is Decided — Ohio has no fixed alimony formula. Courts weigh 14 statutory factors to decide whether spousal support is appropriate, how much, and for how long. Here's how it works.