Legal Separation in Madison County

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).

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.

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 43140
Phone: (740) 852-9776
Hours: Monday–Friday (confirm current public-counter hours with the Clerk)
Website: www.co.madison.oh.us/departments/court_system/common_pleas/index.php

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.

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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