Henry County Legal Separation Attorneys
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.
Hire Gavvl for your Henry County legal separation case
Flat-fee and full-representation options: we handle the filings, the Henry County local forms, the court strategy, and the hearings — and you know the price before we start (flat fees from $1,750).
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 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 (no children) or 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.
Henry County legal separation, handled by Gavvl Law
A legal separation under R.C. 3105.17 lets a Henry County court divide property and order support, custody, and parenting time while you stay legally married — a path families choose for religious or insurance reasons or when they don't meet the divorce residency rule. It is filed in the Domestic Relations Division just like a divorce, using the same Rule 10.01 intake, and the automatic preliminary injunction (Court Order #1) issues the moment you file. Gavvl Law prepares the complaint and affidavits and handles it for a flat fee.
- The Rule 10.01 intake, the same as a divorce. A legal separation uses the identical intake — DR-1 (Income & Expenses) and DR-2 (Property), plus the IV-D Application, DR-3, DR-4, a parenting plan, and the support worksheet when there are children. We assemble that Rule 10.01 packet so the Domestic Relations Division opens the case cleanly.
- What separation does — and doesn't — do. A legal separation can settle property, debt, support, and parenting while leaving the marriage intact, so neither spouse is free to remarry. We make sure you understand that boundary, and that the Court Order #1 injunction protecting assets takes effect on filing just as in a divorce.
- A bridge you can later convert. Either spouse can seek a divorce later, so a legal separation can be a first step rather than a final one. We structure the separation terms so they translate cleanly if the case becomes a divorce, and quote the work as one flat fee with payment plans available.
The legal-separation deposit matches a divorce plus a per-child cost for ages 5–17 — and a poverty affidavit can waive prepayment. Because a legal separation doesn't require the six-month divorce residency, it's often the workable option for someone who has just moved to Ohio, and we build the case around that difference.
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.
Real people, — with direct lines
- Stephanie Green — Managing Partner
- Elizabeth Warren — Managing Partner
- Niva Elgin — Senior Case Manager · Licensed New Mexico Attorney
Your consultation
Stephanie Green or Elizabeth Warren, our managing partners — or Niva Elgin, our senior case manager and a licensed New Mexico attorney. They've heard hundreds of situations like yours and will tell you plainly what you need, and what you don't. Meet the firm.
Your attorney
One of our Of Counsel Ohio family-law attorneys is your attorney for the case — from the first strategy call to the final order in Henry County. You have their name and a direct line the day your file opens. Our attorneys.
Your case team
Niva Elgin keeps your case moving as Senior Case Manager. Madeline Wampler, Certified Paralegal, handles documents and scheduling. Erin Schultz, Finance Manager, handles billing and payment plans. Real people who answer when you call.
- 95+ five-star Google reviews
- 60+ years of combined Ohio family-law experience
- Super Lawyers Rising Stars honorees on the team: Elizabeth Warren (2021–2023) and Samantha Berkhofer (2019–2021)
- Every flat fee published before you call
From first call to retained, — and every step after
- Consultation — A 30-minute phone call, $25. You talk with Stephanie Green, Elizabeth Warren, or Niva Elgin about what's happening and what Ohio law actually does with it. Before you hang up you'll know whether you need a lawyer at all — and if you do, you leave with a written quote: the service we recommend, the price, your financing options, and your next steps.
- Choose — Pick the level of help. Pay, or set up financing. Limited-scope flat fee or full representation — you choose, with real numbers in front of you. Pay online, or secure a Gavvl Direct payment plan or third-party financing in a few minutes. Nothing is billed until you decide.
- Sign — Your agreement arrives by email. Review the client agreement and sign it electronically — from your phone if you like. While you do, your attorney reviews your intake.
- Get started — Your first attorney call goes on the calendar. Limited scope: your attorney's first call is scheduled from your intake. Full representation: a paralegal reaches out the same or next business day to open your file and gather what's needed, then schedules your first attorney call — and if something is urgent, you speak with the attorney first.
It's easier than ever to retain an excellent attorney.
How you'll stay updated — you never have to wonder
Every client gets GavvLink™, our client portal, on day one. Your whole case — messages, calendar, billing, status — lives in one place, and your team is a message away.
- Reach your attorney directly. Message, text, email, or call. Request a callback or book time on their calendar yourself — no waiting to hear back.
- Case calendar with reminders. Every hearing, deadline, and milestone, with a reminder before each one.
- Case status updates. See where your case stands and what happens next, updated as it moves.
- Payments and billing in real time. Every entry on your account as it posts, plus links to make a payment or add funds.
- Your case team, one message away. Full-representation clients message their paralegal and case manager the same way — and they answer.
- 24/7 receptionists and direct lines. Something urgent after hours? A live receptionist answers around the clock and reaches your team. You also have your attorney's direct line — and a way to reach the managing partners. We return calls and messages promptly.
Can I do this without an attorney?
sometimes, yes. Ohio lets you represent yourself, and for a genuinely agreed dissolution or a simple motion, some people do. The Henry County forms and local rules are linked in the questions below, and our free tools will draft a parenting plan or estimate child support before you spend anything.
Here's what the online-divorce platforms leave out: most Ohio counties require their own forms and language on top of the statewide ones, and a rejected filing is the most common reason people call us after trying it alone. A $25, 30-minute call tells you whether you can do this yourself — and if you can, we'll say so.
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 43545Phone: (419) 599-5951
Hours: Monday–Friday (confirm current hours with the Clerk)
Website: Court website
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.
Frequently Asked Questions
- Which forms do I need to file for legal separation in Henry County?
Legal separation (no minor children)
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)
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 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.
- What does legal separation cost in Henry County?
- Two numbers matter. The court's filing fee, which the Clerk sets and can confirm. And the attorney work: Our published flat fees from $1,750 cover drafting and filing the paperwork (limited scope — the court's filing fee is invoiced separately), with payment plans available. Prefer full representation? An attorney can carry the whole case on a retainer — every number is published in the pricing section above.
- What forms do I need for legal separation in Henry County?
- It depends on your situation — children, temporary orders, and which court you file in all change the packet. Answer the quick questions in the paperwork section above and your exact Henry County checklist appears, with every official form linked as a PDF.
- How long does legal separation take in Henry County?
- It depends on how much you and the other side agree. Agreed matters generally move through Henry County Family Court (Court of Common Pleas, Domestic Relations Division) in months, not years; contested cases take longer. The part you control is filing a complete, correct packet the first time — bounced paperwork is the most common self-filing delay.
- Do we really need lawyers if we agree?
- Maybe not — and we'll say so at a $25 consultation. But an agreement only counts if it survives on paper, in the exact packet Henry County's court expects, and what you file becomes a binding court order that is hard to fix later. Precision drafting for people who already agree is most of what our flat-fee work is: done once, done right.
- Where are the Henry County local rules, and what does this court do differently?
Judges, magistrates, and filing fees change, so we do not publish them here. Henry County posts the current information itself:
- Henry County Family Court (Court of Common Pleas, Domestic Relations Division) — local rules, standing orders, and the current judges and magistrates.
- Henry County local rules — the court's own rules for filings, hearings, and required local forms.
- Henry County Clerk of Courts — current filing fees and deposits, e-filing, and case records.
- Henry County's combined Family Court. Henry County has a combined Family Court 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 (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 fee for an unexcused absence). If a child is age 5–17, the 'What About Me' program is also mandatory (the 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.
- Are there free legal 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 — a judge and a magistrate 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). the judge separate Probate Division handles stepparent and kinship adoptions, name changes, and marriage licenses — not divorce or custody.
Other Family-Law Topics in Henry County
- Henry County Divorce — Full filing guide with forms, the Clerk deposit, and the parenting class.
- Henry County Custody — Where to file when parents are married vs. never married.
- Ohio Child Support Calculator — Run the 2024 Income Shares worksheet yourself.
- Ohio family-law resources — 88-county directory of courts and legal aid.
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.
- What Happens If I Move Out Before the Divorce? (Ohio Myths vs. Reality) — Moving out of the marital home does not forfeit your share of the house, your retirement, or your right to parent your children. It can affect the date the court uses to divide property, and it can affect custody indirectly if you become less involved. This guide separates the myths from what Ohio law actually does, and explains why temporary orders solve most of it.
- 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 Henry County family law
- Ohio Legal Separation guide — Statewide overview of legal separation in Ohio.
- Toledo family law — Local attorneys and courts serving the Toledo metro.
- Henry County family law guide — Court info, local filing notes, FAQs, and the downloadable Henry County guide.
- Meet Stephanie Green — Managing Partner & Co-Founder at Gavvl Law.
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