Madison County Legal Separation Attorneys
Reviewed by Stephanie Green · Managing Partner & Co-Founder · Last updated June 11, 2026
Madison County, Ohio · London
A legal separation lets the court divide property and set custody, parenting time, and support without ending the marriage. It is filed in the General Division of the Madison County Court of Common Pleas through the Clerk of Courts and is referred to a magistrate (C.P. Loc.R. 6.1).
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How do I file for legal separation in Madison County, Ohio?
File a Complaint for Legal Separation with the Madison County Clerk for the General Division, using the Ohio Supreme Court standardized forms — the complaint, the financial affidavits (Affidavits 1 and 2), and, with children, the Parenting Proceeding Affidavit (Affidavit 3), Health Insurance Affidavit (Affidavit 4), a parenting plan, and the support worksheet. The case is referred to a magistrate. The skill's published Clerk schedule does not separately list a legal-separation deposit, so confirm the current amount with the Clerk at (740) 852-9776; a fee waiver is available by Affidavit of Indigency.
Madison County legal separation, handled by Gavvl Law
A legal separation lets the General Division of the Madison County Court of Common Pleas divide property and set custody, parenting time, and support without ending the marriage. It is filed through the London Clerk on the Ohio Supreme Court standardized forms and referred to a magistrate under C.P. Loc.R. 6.1. Because the published Clerk schedule does not separately list a legal-separation deposit, confirm the current amount with the Clerk at (740) 852-9776. Gavvl Law prepares the complaint and affidavits and offers one flat fee up front with payment plans.
- Full orders without ending the marriage. Legal separation gives you court orders on property, support, and — with children — custody and parenting time while you stay legally married, which matters for religious, insurance, or personal reasons. We prepare the complaint, financial affidavits, and any parenting plan so those orders are complete.
- Confirming the deposit before you file. The skill's published Clerk schedule lists the divorce and dissolution deposits but not a separate legal-separation figure, so we confirm the current amount with the Clerk at (740) 852-9776 before filing rather than guessing — and file an Affidavit of Indigency if the deposit is out of reach.
- Ready for the magistrate referral. Like other domestic matters here, a legal separation is referred to a magistrate under C.P. Loc.R. 6.1, who hears it and issues a decision. We build the record for that hearing so the property and parenting orders you need are entered without a second round.
A $100 Special Projects Fund fee is collected from the cost deposit on each civil action, and in an in-forma-pauperis case service can be made by posting and mail under C.P. Loc.R. 2.3(B). We plan for those local mechanics up front so your separation is filed correctly at 1 N. Main St., London, on one flat-fee plan.
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.
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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: Madison County Court of Common Pleas, General Division
1 N. Main Street, London, OH 43140Phone: (740) 852-9776
Hours: Monday–Friday (confirm current public-counter hours with the Clerk)
Website: Court website
Legal Separation is the right path if…
- You want court orders on property, support, or parenting but not a divorce.
- You have religious or personal reasons to stay legally married.
- You want to keep certain marital benefits while living separately.
- You or your spouse have lived in Ohio long enough to file.
If you ultimately want the marriage ended, a divorce or dissolution is the right path. Compare divorce.
Filing Fees
Legal-separation deposit not separately listed in the skill — confirm with the Clerk at (740) 852-9776 · $100 Special Projects Fund fee on each civil action · fee waiver by Affidavit of Indigency
Forms & Filing Packets
Legal separation (no minor children) — Confirm the current deposit with the Clerk at (740) 852-9776
File the Complaint for Legal Separation with the financial affidavits in the General Division. Confirm the current deposit with the Clerk.
- 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.
- Madison County Clerk of Courts (files all DR cases) — The Madison County Clerk of Courts (Erin Bauer), 1 N. Main St., London, (740) 852-9776, accepts all Common Pleas domestic-relations filings. The General Division hears all divorce, dissolution, legal separation, and annulment cases — there is no separate Domestic Relations court.
Legal separation (with minor children) — Confirm the current deposit with the Clerk at (740) 852-9776
Add the parenting and health-insurance affidavits, a parenting plan, and the support worksheet so the court can set custody, parenting time, and support.
- 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 Plan (Ohio SC Form 21) — Used when one parent will be designated residential parent and legal custodian.
- 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 Madison County
- Confirm the deposit. Because the skill's schedule does not separately list a legal-separation deposit, confirm the current amount with the Clerk at (740) 852-9776 before filing.
- Prepare the complaint and affidavits. Use the Ohio Supreme Court standardized complaint and Affidavits 1 and 2; with children, add Affidavits 3 and 4, a parenting plan, and the support worksheet.
- File with the Clerk. File at the Clerk of Courts, 1 N. Main St., London; in an in-forma-pauperis case, service may be by posting and mail (C.P. Loc.R. 2.3(B)).
- Magistrate hearing and order. The case is referred to a magistrate (C.P. Loc.R. 6.1); the court enters orders on property, support, and parenting without ending the marriage.
Madison County Practice Notes
- No separate Domestic Relations court. Divorce, dissolution, legal separation, and annulment are heard by the General Division of the Madison County Court of Common Pleas (Judge Eamon P. Costello) — there is no separate Domestic Relations division. File through the Clerk of Courts (Erin Bauer), 1 N. Main St., P.O. Box 557, London 43140-0557, (740) 852-9776.
- Domestic cases are referred to a magistrate (C.P. Loc.R. 6.1). Under C.P. Loc.R. 6.1, domestic-relations matters in the General Division are referred to a magistrate who hears the case and issues a decision. A party may file objections under Civ.R. 53, and Judge Costello then rules on the objections and enters the final order.
- Fee waiver if you can't afford the deposit. File an Affidavit of Indigency / Poverty Affidavit (the Supreme Court of Ohio uniform affidavit) with your case. In a divorce, annulment, or legal separation filed in forma pauperis, service is made by posting and mail (C.P. Loc.R. 2.3(B)).
- $100 Special Projects Fund fee on each civil action (C.P. Loc.R. 4.5). On top of the case deposit, the Clerk collects a $100 Special Projects Fund fee from the cost deposit on each civil action or proceeding (C.P. Loc.R. 4.5). Copies are $0.25 per page. These are advance cost deposits, not flat fees — confirm the total with the Clerk at (740) 852-9776.
Frequently Asked Questions
- What does a legal separation or annulment cost to file in Madison County?
- The skill's published Clerk schedule lists the divorce deposit ($450) and dissolution deposit ($300) but does not separately list a legal-separation or annulment deposit, so confirm the current amount with the Clerk at (740) 852-9776 before filing. Both are filed in the General Division. A fee waiver is available by filing an Affidavit of Indigency / Poverty Affidavit; in a divorce, annulment, or legal separation filed in forma pauperis, service is by posting and mail (C.P. Loc.R. 2.3(B)).
- Which court handles family-law cases in Madison County?
- The General Division of the Madison County Court of Common Pleas (Judge Eamon P. Costello, 1 N. Main St., London) hears all divorce, dissolution, legal separation, and annulment cases — there is no separate Domestic Relations court, and most domestic matters are referred to a magistrate (C.P. Loc.R. 6.1). The combined Probate & Juvenile Court (Judge Christopher J. Brown, 1 N. Main St., London) handles unmarried-parent parentage, custody, support, and parenting time (Juvenile, R.C. 2151.23) and adoptions (Probate). Domestic-relations cases are filed through the Clerk of Courts at (740) 852-9776.
- Will a judge or a magistrate hear my Madison County divorce?
- Domestic-relations matters in the General Division are referred to a magistrate under C.P. Loc.R. 6.1. The magistrate hears the case and issues a decision; a party may file objections to the magistrate's decision within the time set by Civ.R. 53, and Judge Eamon P. Costello then rules on the objections and enters the final order. Confirm the current objection deadline with the Clerk at (740) 852-9776.
- Can I file in Madison County without paying the deposit?
- Yes, if you cannot afford it. File an Affidavit of Indigency / Poverty Affidavit (the Supreme Court of Ohio uniform affidavit) with your case. In a divorce, annulment, or legal separation filed in forma pauperis, service is made by posting and mail (C.P. Loc.R. 2.3(B)). Confirm the current procedure with the Clerk at (740) 852-9776.
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.
More Madison County family-law resources
- Ohio Legal Separation guide — Statewide overview of legal separation in Ohio.
- Columbus family law — Local attorneys and courts serving the Columbus metro.
- Madison County family law guide — Court info, local filing notes, FAQs, and the downloadable Madison County guide.
- Meet Stephanie Green — Managing Partner & Co-Founder at Gavvl Law.
- Payment plans & financing — Flat fees with Gavvl Direct, Affirm, Klarna, or PayPal Pay Later.
Call (844) 694-2885 or email support@gavvl.com.