Legal Separation in Henry County

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

Henry County, Ohio · Napoleon

A legal separation (R.C. 3105.17) lets the court divide property and order support, custody, and parenting time without ending the marriage. People use it for religious or benefit reasons, or when the divorce residency isn't met. It is filed in the Domestic Relations Division like a divorce.

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

File a Complaint for Legal Separation with the Henry County Family Court, 660 N. Perry St., Suite 401, Napoleon, using the Rule 10.01 intake — DR-1 (Income & Expenses) and DR-2 (Property), plus the IV-D Application, DR-3, DR-4, and the mandatory A-OK parenting class if there are children. The deposit is the same as a divorce: $325 (no children) or $400 + $30 per child age 5–17 (with children). A legal separation does not free either spouse to remarry, and the automatic preliminary injunction (Court Order #1) issues on filing. Either spouse may later seek a divorce.

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: Henry County Family Court (Court of Common Pleas, Domestic Relations Division)

660 N. Perry St., Suite 401, Napoleon, OH 43545
Phone: (419) 599-5951
Hours: Monday–Friday (confirm current hours with the Clerk)
Website: henrycountyfamilycourt.com/

Juvenile Branch (Never-Married Parents)

Henry County Family Court (Juvenile Division)
660 N. Perry St., Suite 401, Napoleon, OH 43545
Phone: (419) 599-5951
Hours: Monday–Friday (confirm current hours with the Clerk)

Legal Separation is the right path if…

You want to divide property and set support or parenting terms but stay married.
You have religious, insurance, or benefit reasons to remain legally married.
You don't meet (or don't want to use) the divorce residency requirement.
You understand a legal separation does not let either spouse remarry.

Filing Fees

$325 legal-separation deposit (no children) / $400 + $30 per child age 5–17 (with children) — same as a divorce · poverty-affidavit waiver available · confirm current amounts at (419) 599-5951

Forms & Filing Packets

Legal separation (no minor children) — $325 deposit

File the Complaint for Legal Separation with the DR-1 (Income & Expenses) and DR-2 (Property) affidavits. The court can divide property and order support while you remain married.

Ohio Uniform Domestic Relations / Juvenile Forms (DR-1 – DR-4) — Henry County's Family Court uses the Ohio Supreme Court Uniform standardized forms (its four-county local rules label them DR-1 through DR-4 = Affidavits 1–4); it does not publish a separate county DR forms set. Download the complaint/petition, affidavits, separation agreement, parenting plan, and decree here.
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.

Legal separation (with minor children) — $400 deposit + $30 per child age 5–17

Add the IV-D Application, the parenting (DR-3) and health-insurance (DR-4) affidavits, a parenting plan, and the Ohio child-support worksheet, and complete the A-OK class within 75 days.

Ohio Uniform Domestic Relations / Juvenile Forms (DR-1 – DR-4) — Henry County's Family Court uses the Ohio Supreme Court Uniform standardized forms (its four-county local rules label them DR-1 through DR-4 = Affidavits 1–4); it does not publish a separate county DR forms set. Download the complaint/petition, affidavits, separation agreement, parenting plan, and decree here.
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.

How to File Legal Separation in Henry County

Confirm legal separation fits. A legal separation divides property and sets support/parenting terms but leaves you married; either spouse can later seek a divorce.
Prepare the complaint and affidavits. Use the Rule 10.01 intake — DR-1 and DR-2 (and, with children, the IV-D Application, DR-3, DR-4, a parenting plan, and the support worksheet).
File with the deposit. File in person or by mail with the Family Court and pay the $325 / $400 + $30 per child deposit, or file a poverty affidavit.
Complete the parenting class (with children). Attend the A-OK program within 75 days, and the What About Me class if a child is age 5–17.

Henry County Practice Notes

Henry County's combined Family Court. Henry County has a combined Family Court (Judge Melissa Peper Firestone; Magistrate Steve Callejas) at 660 N. Perry St., Suite 401, Napoleon, (419) 599-5951. The Domestic Relations Division (3rd floor) hears divorce, dissolution, legal separation, and annulment; the Juvenile Division (4th floor) hears parentage, custody, and support for never-married parents. Adoptions, name changes, and marriage licenses are handled by the separate Probate Division (Judge Amy C. Rosebrook, Suite 203, (419) 592-7771).
Automatic preliminary injunction on filing (Court Order #1). On the filing of a divorce, annulment, or legal separation, the court issues an automatic preliminary injunction (Court Order #1) under Local Rule 10.04(A) enjoining both spouses from dissipating assets, harassing the other party, and similar conduct. It applies to both parties automatically and is separate from a domestic-violence protection order.
Mandatory parenting education (A-OK + What About Me). In any case involving the allocation of parental rights, all parties must complete the 'Assisting Our Kids' (A-OK) program within 75 days of filing (Local Rule 11.01) — the class cost is paid from the court-cost deposit, and online attendance at assistingourkids.com may be allowed for hardship (with a $10 fee for an unexcused absence). If a child is age 5–17, the 'What About Me' program is also mandatory (the $30-per-child add-on). Missing A-OK can make a parent ineligible for an allocation of parental rights, and if no party completes it the case can be dismissed.
Six-month Ohio residency; no county-duration rule. 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). The Henry County local rules do not impose a separate county-residence duration; the case is filed in Henry County when a party resides here.
Fee waiver if you can't afford the deposit. File a poverty/indigency affidavit asking the court to waive prepayment of costs. Legal Aid-eligible self-represented filers can also use the Pro-Se Clinic ((419) 599-5951). Confirm the current indigency packet with the Family Court.

Frequently Asked Questions

What is the difference between legal separation and divorce in Henry 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 divorce residency isn't met. A divorce ends the marriage. Both are filed in the Domestic Relations Division with the same Rule 10.01 intake, and the legal-separation deposit is the same as a divorce ($325 without children / $400 + $30 per child age 5–17 with children).
What does it cost to file for divorce in Henry County?: The Domestic Relations deposit is $325 without children, or $400 plus $30 per child age 5–17 with children (the per-child add-on covers the 'What About Me' class). This is an advance cost deposit, not a flat fee. A poverty/indigency affidavit can ask the court to waive prepayment. Confirm the current amount on the court-costs page or with the Family Court at (419) 599-5951.
Is there an automatic restraining order when I file for divorce in Henry County?: Yes. On the filing of a divorce, annulment, or legal separation, the court issues an automatic preliminary injunction (Court Order #1) under Local Rule 10.04(A) that enjoins both spouses from dissipating assets, harassing the other party, and similar conduct. It applies to both parties automatically and is different from a domestic-violence protection order, which is a separate filing.
What is the residency requirement to file for divorce in Henry County?: You or your spouse must have lived in Ohio for at least 6 months before filing (R.C. 3105.03). The Henry County local rules do not add a separate county-residence duration; the case is filed in Henry County when a party resides here.

Free Local Resources in Henry County

Henry County Clerk of Courts (record custodian). 660 N. Perry St., Suite 302, Napoleon, OH 43545; (419) 592-5886. The Clerk is the record custodian for Family Court filings, posts the filing-fee schedule, and confirms current deposits and copy counts. There is no general e-filing portal — file in person or by mail. Court costs can be paid online at https://payments.lexisnexis.com/oh/co/henry/familycourt or by phone at (888) 562-9935.
Henry County Family Court (Domestic Relations & Juvenile Divisions). 660 N. Perry St., Suite 401, Napoleon, OH 43545; (419) 599-5951 (https://henrycountyfamilycourt.com/). One combined Family Court — Judge Melissa Peper Firestone and Magistrate Steve Callejas hear both Domestic Relations (3rd floor) and Juvenile (4th floor) cases, including divorce, dissolution, custody, parenting time, support, paternity, and non-parent custody.
Henry County Child Support Enforcement Agency (CSEA). 104 E. Washington St., Hahn Center Suite 202, Napoleon, OH 43545; (419) 592-4633 (toll-free 888-844-9783). The county IV-D agency establishes, calculates, collects, and enforces child support. Open a IV-D case to set up automatic wage withholding and enforcement.
Henry County Family, Adult & Children's Services (FACS). (419) 592-4210. 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).
Henry County Probate Division (adoption, name change, marriage). 660 N. Perry St., 2nd Floor (Suite 203), Napoleon, OH 43545; (419) 592-7771 (https://www.henrycountyohio.gov/261/Probate-Division). Judge Amy C. Rosebrook's separate Probate Division handles stepparent and kinship adoptions, name changes, and marriage licenses — not divorce or custody.

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.
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