Legal Separation in Hocking County
Reviewed by Stephanie Green · Managing Partner & Co-Founder · Last updated June 11, 2026
Hocking County, Ohio · Logan
Legal separation lets a court divide property and debt and order support and parenting terms without ending the marriage. People choose it for religious, insurance, or personal reasons, or when they don't yet meet residency for divorce. In Hocking County it's filed in the Common Pleas General/DR Division.
How do I file for legal separation in Hocking County, Ohio?
File a complaint for legal separation with the same affidavits required in a divorce — Affidavits 1 and 2, the county Party Supplemental Information Affidavit, and (with children) the parenting affidavits — with the Hocking County Clerk of Courts, 1 East Main Street, Logan; (740) 385-2616. The divorce/annulment deposit ($300.00) schedule applies (confirm the current amount). If no answer is filed, the court sets an uncontested final hearing at least 42 days after service (Local Rule 65.01).
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: Hocking County Court of Common Pleas, General & Domestic Relations Division
1 East Main StreetPhone: (740) 385-4027
Hours: Monday–Friday 8:30 a.m.–4:00 p.m.
Website: hocking.oh.gov/commonpleas
Juvenile Branch (Never-Married Parents)
Hocking County Juvenile Court (Common Pleas, Juvenile Division)
1 East Main Street
Phone: (740) 385-3615
Hours: Monday–Friday 8:00 a.m.–4:00 p.m.
Legal Separation is the right path if…
- You want court orders on property, support, or parenting but do not want a divorce.
- You have religious, insurance, or personal reasons to stay legally married.
- You may not yet meet the residency requirement to file for divorce.
- You want orders now and the option to convert to a divorce later.
- You and your spouse may not agree on every term.
Filing Fees
Filed as a domestic-relations action; the divorce/annulment deposit ($300.00) schedule applies — confirm the current amount with the Clerk at (740) 385-2616 · fee waiver via poverty affidavit (Local Rule 4.07).
Forms & Filing Packets
Legal separation without minor children — $300.00 deposit schedule (confirm with the Clerk)
File the complaint adapted from the divorce forms with Affidavits 1 and 2 and the county Party Supplemental Information Affidavit. There is no separate statewide legal-separation complaint form; confirm the current packet 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.
- Party Supplemental Information Affidavit (Local Rule 63.01) — A Hocking County local affidavit that must be filed with every domestic-relations complaint (divorce, dissolution, legal separation, annulment). Available on the Common Pleas Forms page.
- Hocking County Common Pleas — Domestic Relations Forms — The Common Pleas (General/DR Division) forms library, including the county Party Supplemental Information Affidavit, the Parenting Supplemental Information Affidavit, and the Notice of Intent to Relocate. Confirm you have the current version before filing.
Legal separation with minor children — $300.00 deposit schedule (confirm with the Clerk)
Add the Parenting Proceeding Affidavit, the Health Insurance Affidavit, the county Parenting Supplemental Information Affidavit, and a child-support worksheet; Local Rule 76 parenting-time options and the Rule 74 support provisions apply.
- 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.
- 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.
- Parenting Supplemental Information Affidavit (Local Rule 63.01) — A Hocking County local affidavit required in any domestic-relations case involving minor children. Available on the Common Pleas Forms page.
- 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.
How to File Legal Separation in Hocking County
- Prepare the complaint and affidavits. Adapt the divorce complaint forms and file Affidavits 1 and 2, the county Party Supplemental Information Affidavit, and (with children) the parenting affidavits (Local Rule 63.01).
- File and pay. File with the Clerk; the divorce/annulment deposit schedule ($300.00) applies — confirm the current amount. A poverty affidavit can substitute.
- Serve your spouse. Serve the other spouse and request a mutual restraining order if needed (Local Rule 63.02).
- Attend the hearing and get your orders. If no answer is filed, an uncontested final hearing is set at least 42 days after service (Local Rule 65.01); the court issues orders on property, support, and parenting while the marriage continues.
Hocking County Practice Notes
- Legal separation keeps you married. A legal separation does not end your marriage — only a divorce or dissolution does. You can later convert it or file a divorce/dissolution instead.
- Heard by Magistrate Joe Nemec. Hocking County domestic-relations matters are heard by Magistrate Joe Nemec (Local Rule 10); Judge Jason M. Despetorich reviews the magistrate's decision and rules on any objections.
- Local Rule 76 — Option C presumed. For married/formerly married parents, Local Rule 76 gives standard parenting-time options with a rebuttable presumption that Option C (Standard Schedule) — alternating weekends Friday 6:00 p.m.–Monday 6:00 p.m. plus a Wednesday overnight — is in the children's best interest. A 10% child-support reduction applies automatically when local-rule parenting time is ordered (Local Rule 74.01(E)).
- Fee waiver available (poverty affidavit). If you cannot afford the deposit, you may file a poverty affidavit before a deputy clerk and ask the court to waive the deposit (Local Rule 4.07). No personal checks; a card surcharge may apply. Confirm the current amount with the Clerk at (740) 385-2616.
Frequently Asked Questions
- Does legal separation end my marriage in Hocking County?
- No. Legal separation lets the court divide property and debt and order support and parenting terms while you stay legally married. Only a divorce or dissolution ends the marriage; a legal separation can later be converted or a divorce/dissolution filed instead.
- How much does it cost to file for divorce in Hocking County?
- The Clerk's deposit is $300.00, with or without children. If you cannot afford it, file a poverty affidavit and the court may waive the deposit (Local Rule 4.07). No personal checks; a card surcharge may apply. Confirm the current amount with the Clerk at (740) 385-2616.
- How fast can an uncontested divorce move in Hocking County?
- If no answer is filed, the court sets an uncontested final hearing at least 42 days after service is completed (Local Rule 65.01). Common Pleas case-flow goals call for most civil cases, including divorce, to conclude within about 12 months of filing.
- What is the standard parenting-time schedule in a Hocking County divorce?
- For married/formerly married parents, Local Rule 76 presumes Option C (Standard Schedule) is best: alternating weekends Friday 6:00 p.m.–Monday 6:00 p.m. plus a Wednesday overnight. Parents can choose Option A (week-on/week-off), B (2-2-3), or D (weekend only), or agree to their own plan.
Free Local Resources in Hocking County
- Hocking County DIY Divorce Forms. The Common Pleas Court's do-it-yourself divorce information and form links for self-represented filers: https://hocking.oh.gov/commonpleas/DIY-Divorce-Forms
- Hocking County Common Pleas Forms. Domestic-relations forms, including the county Party and Parenting Supplemental Information Affidavits and the Notice of Intent to Relocate: https://hocking.oh.gov/commonpleas/Forms
- Hocking County Child Support Enforcement Agency (CSEA). Hocking County DJFS, 350 State Route 664 N, Logan, OH 43138; (740) 385-5663. Establish, modify, collect, and enforce child support (including interstate cases).
- Ohio Child Support Calculator. The official 2024 Income Shares calculator used to estimate child support before you file: https://ohiochildsupportcalculator.ohio.gov/
- Hocking County Prosecutor — Victim Services & Sheriff. Help filing a protection order: Prosecutor's Office of Victim Services (740) 385-5343; Hocking County Sheriff's Office (740) 385-2131.
Other Family-Law Topics in Hocking County
- Divorce in Hocking County — Contested and uncontested divorce in the Logan Common Pleas Court.
- Dissolution in Hocking County — The jointly filed, fully agreed path to end a marriage.
- Child Custody in Hocking County — Best-interest custody in the DR and Juvenile divisions.
- Child Support in Hocking County — Set or change support through the CSEA or the court.
- Protection Orders in Hocking County — Domestic-violence civil protection orders — no filing fee.
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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