Legal Separation in Hardin County

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

Hardin County, Ohio · Kenton

A legal separation lets the Hardin County Domestic Relations Division divide property and set support, custody, and parenting terms while you stay legally married. People choose it for religious or benefit reasons or when the divorce residency isn't yet met. It is filed like a divorce, with the same $500 deposit.

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

File a Complaint for Legal Separation (R.C. 3105.17) with the Hardin County Clerk of Courts for the Domestic Relations Division, using the Ohio Uniform forms with the county Affidavit of Income & Expenses, Affidavit of Property, and a Case Designation Sheet. With children, add the Parenting Proceeding and Health Insurance affidavits, the IV-D Application, a parenting plan, and the support worksheet, and complete the 'Successful Co-Parenting' class. The deposit is $500 (GD Rule 3), the same as a divorce. A legal separation divides property and sets support and parenting terms but leaves you legally married.

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: Hardin County Court of Common Pleas, Domestic Relations Division

One Courthouse Square, Suite 210, Kenton, OH 43326
Phone: (419) 674-2233
Hours: Monday–Friday (confirm current hours with the Clerk)
Website: hardincountyjuvenilecourt.com/

Juvenile Branch (Never-Married Parents)

Hardin County Court of Common Pleas, Domestic Relations Division (juvenile, parentage & never-married matters)
One Courthouse Square, Suite 210, Kenton, OH 43326
Phone: (419) 674-2233
Hours: Monday–Friday (confirm current hours with the Clerk)

Legal Separation is the right path if…

You want court-ordered support, custody, and property terms but not a divorce.
You have religious, insurance, or benefit reasons to stay legally married.
You don't yet meet the six-month Ohio residency for divorce.
You and your spouse need enforceable terms while living apart.

Filing Fees

$500 legal-separation deposit (GD Rule 3), the same as a divorce · Affidavit of Indigency waiver available · confirm current amounts with the Clerk at (419) 674-2278

Forms & Filing Packets

Legal separation packet (no minor children) — $500 deposit (GD Rule 3)

File the Complaint for Legal Separation with the county Affidavit of Income & Expenses, the Affidavit of Property, and a Case Designation Sheet, and pay the $500 deposit.

Ohio Uniform Domestic Relations / Juvenile Forms (Ohio Supreme Court) — GD Rule 35 directs Hardin County filers to the Ohio Supreme Court Uniform standardized forms for the complaint/petition, separation agreement, parenting plan, decree, and child-support worksheet. Download the statewide forms here.
Affidavit of Income & Expenses (Hardin County) — Each party's sworn income, expenses, and basic financial information. Required at filing in a divorce, dissolution, legal separation, or annulment, and before any temporary-orders hearing. Must be notarized.
Affidavit of Property (Hardin County) — Lists every asset and debt so the court can divide marital property. Required at filing and must be notarized.
Case Designation Sheet (Hardin County Clerk of Courts) — The cover sheet the Clerk uses to open and classify your case. File it with your complaint or petition at the Clerk of Courts, Suite 310.

Legal separation packet (with minor children) — $500 deposit (GD Rule 3)

Add the Parenting Proceeding (UCCJEA) and Health Insurance affidavits, the IV-D Application, a parenting plan, and the Ohio child-support worksheet, and complete the 'Successful Co-Parenting' class.

Ohio Uniform Domestic Relations / Juvenile Forms (Ohio Supreme Court) — GD Rule 35 directs Hardin County filers to the Ohio Supreme Court Uniform standardized forms for the complaint/petition, separation agreement, parenting plan, decree, and child-support worksheet. Download the statewide forms here.
Affidavit of Income & Expenses (Hardin County) — Each party's sworn income, expenses, and basic financial information. Required at filing in a divorce, dissolution, legal separation, or annulment, and before any temporary-orders hearing. Must be notarized.
Affidavit of Property (Hardin County) — Lists every asset and debt so the court can divide marital property. Required at filing and must be notarized.
Parenting Proceeding / UCCJEA Affidavit (Hardin County) — Required in any case involving minor children. Lists where each child has lived for the last 5 years and with whom, confirming Ohio's UCCJEA jurisdiction over custody (R.C. 3127.23).
Health Insurance Affidavit (Hardin County) — Discloses whether health insurance is available for the children through either parent's employer, so the court can order medical support. Required in cases with children.
IV-D Child Support Application (Hardin County) — Opens a child-support case with the Hardin County CSEA so support is collected by automatic wage withholding and enforced. Required whenever a child-support order is set in a case with children.
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.
Case Designation Sheet (Hardin County Clerk of Courts) — The cover sheet the Clerk uses to open and classify your case. File it with your complaint or petition at the Clerk of Courts, Suite 310.

How to File Legal Separation in Hardin County

Decide separation vs divorce. Choose legal separation if you want court orders but want to stay legally married; you can later convert to or file for divorce.
Prepare the complaint and affidavits. Use the Ohio Uniform forms with the county Affidavit of Income & Expenses, Affidavit of Property, and a Case Designation Sheet; add the children's affidavits, IV-D Application, parenting plan, and worksheet if you have children.
File with the deposit. File through the Clerk of Courts, One Courthouse Square, Suite 310, Kenton, and pay the $500 deposit (GD Rule 3) or file an Affidavit of Indigency.
Serve and resolve. Serve your spouse; the court sets support, parenting, and property terms by agreement or after a hearing, while you remain married.

Hardin County Practice Notes

One Domestic Relations Division hears it all. Hardin County has a single Court of Common Pleas, Domestic Relations Division (Judge Maria Santo; division created 1/1/2023 under R.C. 2301.03(FF)(1)) at One Courthouse Square, Suite 210, Kenton, (419) 674-2233. The same division hears divorce, dissolution, legal separation, and annulment AND parentage, never-married custody, and civil protection orders — there is no separate juvenile court. Only adoptions and guardianships go to the separate Probate Court (Judge Steve Christopher).
Domestic Relations deposits (GD Rule 3). GD Rule 3 sets the Domestic Relations cost deposits: divorce and legal separation $500; dissolution $350; other DR matters $350; a GAL appointment adds a $500 deposit; a post-decree DR motion is $350 ($200 if the change to parental rights is agreed); other civil post-judgment matters are $250. These are advance cost deposits, not flat fees. An Affidavit of Indigency (Civ.R. 3(E)) can waive prepayment. Confirm current amounts with the Clerk at (419) 674-2278.
Six-month Ohio residency; 90-day county rule for dissolution with children. To file for divorce, legal separation, or annulment, you or your spouse must have lived in Ohio for at least 6 months (R.C. 3105.03). Hardin County's GD Rule 16 adds a 90-day Hardin County residency requirement for a dissolution that involves minor children; a divorce has no separate county-duration rule beyond the six-month Ohio requirement.
File through the Clerk of Courts (Suite 310). Petitions and motions are filed through the Hardin County Clerk of Courts, One Courthouse Square, Suite 310, Kenton, (419) 674-2278, https://www.hardincourts.com/CLSite/ (local forms under /CLSite/pdf/). Hardin accepts e-filing through the Henschen portal (efile.henschen.com) and fax filing at (419) 674-2273 for documents of 10 pages or fewer.
Fee waiver if you can't afford the deposit. File an Affidavit of Indigency (poverty affidavit) under Ohio Civil Rule 3(E) asking the court to waive prepayment of the cost deposit. Legal Aid of Western Ohio, (888) 534-1432, can help income-eligible filers. Confirm the current indigency form with the Clerk of Courts at (419) 674-2278.

Frequently Asked Questions

What is the difference between legal separation and divorce in Hardin County?: A legal separation (R.C. 3105.17) can divide property and set support, custody, and parenting terms but leaves you legally married — people use it for religious or benefit reasons or when the divorce residency isn't met. A divorce ends the marriage. Both are filed in the Domestic Relations Division through the Clerk, and the legal-separation deposit is the same as a divorce — $500 (GD Rule 3).
What does it cost to file for divorce in Hardin County?: The Domestic Relations deposit for a divorce or legal separation is $500 (GD Rule 3). This is an advance cost deposit, not a flat fee, and a GAL appointment adds a $500 deposit. An Affidavit of Indigency (Civ.R. 3(E)) can ask the court to waive prepayment. Confirm the current amount with the Clerk of Courts at (419) 674-2278 before filing.
What is the residency requirement to file for divorce in Hardin County?: You or your spouse must have lived in Ohio for at least 6 months before filing for divorce (R.C. 3105.03). For a dissolution that involves minor children, Hardin County's GD Rule 16 adds a 90-day Hardin County residency requirement. A divorce without children has no separate county-duration rule beyond the statewide six-month Ohio requirement.
Which court handles divorce, custody, and support in Hardin County?: One court hears all of it: the Court of Common Pleas, Hardin County, Domestic Relations Division, One Courthouse Square, Suite 210, Kenton, (419) 674-2233 (Judge Maria Santo). The same Domestic Relations Division hears divorce, dissolution, legal separation, and annulment for married spouses AND parentage, never-married custody, and civil protection orders — there is no separate juvenile court in Hardin County. Only adoptions and guardianships go to the separate Probate Court (Judge Steve Christopher). Petitions are filed through the Clerk of Courts, Suite 310, (419) 674-2278.

Free Local Resources in Hardin County

Hardin County Clerk of Courts (record custodian). One Courthouse Square, Suite 310 (3rd floor), Kenton, OH 43326; (419) 674-2278 (fax (419) 674-2273). The Clerk is the record custodian for Common Pleas filings, posts local forms at https://www.hardincourts.com/CLSite/forms.php, and confirms current deposits and copy counts. E-filing is available through https://efile.henschen.com/; fax filings to (419) 674-2273 must be 10 pages or fewer with a compliant cover page. Court costs can be paid online at https://www.hardincourts.com/CLSite/payment.php.
Hardin County Court of Common Pleas — Domestic Relations Division. One Courthouse Square, Suite 210 (2nd floor), Kenton, OH 43326; (419) 674-2233 (https://hardincountyjuvenilecourt.com/). Created January 1, 2023 (R.C. 2301.03(FF)(1)) and led by Judge Maria Santo, this single Domestic Relations Division hears divorce, dissolution, legal separation, and annulment AND juvenile, parentage, never-married custody, and civil protection-order cases — there is no separate Juvenile Court in Hardin County.
Hardin County Child Support Enforcement Agency (CSEA). 175 W. Franklin St., Suite 200, Kenton, OH 43326; (419) 674-2269. The county IV-D agency establishes, modifies, collects, and enforces child support. Open a IV-D case to set up automatic wage withholding and enforcement.
Hardin County Job & Family Services — Children Services Agency. (419) 675-1130 (after hours (419) 673-1268; or (800) 442-7346). The county children-services agency investigates child abuse, neglect, and dependency. For an emergency call 911; the statewide child-abuse hotline is 855-642-4453 (855-OH-CHILD).
Successful Co-Parenting (parenting-education class). Hardin County's required parenting/co-parenting education is provided through OSU Extension's "Successful Co-Parenting" program — $30 per participant, offered in person and/or online. Registration is required; call (419) 674-2297 for current Hardin County dates before relying on it for a specific case.
Hardin County Probate Court (adoption & guardianship). One Courthouse Square, Suite 200, Kenton, OH 43326; (419) 674-2230. The separate Probate Court — not the Domestic Relations Division — handles stepparent and kinship adoptions ($200, plus $100 for publication if required) and guardianships; the Probate Court requires that you have an attorney for an adoption. It does not handle divorce or custody.
Legal Aid of Western Ohio. (888) 534-1432. Free civil legal help for income-eligible Hardin County residents, including some family-law matters. The Ohio Supreme Court also posts statewide self-help forms for self-represented litigants.

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.

Keep exploring

Ohio Legal Separation guide — Statewide overview of legal separation in Ohio.
Columbus family law — Local attorneys and courts serving the Columbus metro.
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