Legal Separation in Miami County

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

Miami County, Ohio · Troy

A legal separation divides property, allocates parental rights, and sets support without ending the marriage. You stay legally married but live under court orders — useful for religious, insurance, or immigration reasons. It is filed and heard in the General Division using the same complaint forms as a divorce.

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

File the same complaint used for divorce — Form 7 when there is at least one minor child, or Form 6 when there are none — with the Miami County Clerk of Courts, (937) 440-6046, and the full Appendix A affidavit packet. The case follows the divorce process (temporary orders, the parenting seminar with children, pretrial, and hearing) but ends in a legal-separation order rather than ending the marriage. You can still file for a divorce or dissolution later if you decide to end the marriage. E-filing is mandatory as of June 1, 2026.

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: Miami County Court of Common Pleas, General Division

215 W. Main Street, Troy, OH 45373
Phone: (937) 440-3930
Hours: Monday–Friday (confirm current hours with the Clerk of Courts, (937) 440-6046)
Website: www.miamicountyohio.gov/common-pleas/

Juvenile Branch (Never-Married Parents)

Miami County Juvenile Court
2040 North County Road 25-A, Troy, OH 45373
Phone: (937) 440-5970
Hours: Monday–Thursday 8:00 a.m.–4:00 p.m.; Friday 8:30 a.m.–4:00 p.m. (Local Juv. R. 18.01)

Legal Separation is the right path if…

You want court orders on property, support, and parenting but are not ready to end the marriage.
You have a religious, insurance, or immigration reason to stay legally married.
You are prepared to file the Appendix A affidavit packet with your complaint.
You understand a divorce or dissolution can still be filed later.

Filing Fees

Deposit set by the Clerk and collected through the e-file system — confirm at (937) 440-6046 · original + 4 copies with children / + 3 without (Local R. 8.01(F)) · Affidavit of Indigency available · a divorce or dissolution can still be filed later.

Forms & Filing Packets

Legal separation with no minor children — Deposit set by the Clerk — confirm at (937) 440-6046; Affidavit of Indigency available

Filed on the Form 6 complaint with the Appendix A affidavits in the General Division.

Complaint for Divorce, Legal Separation or Annulment (Form 6) — Opens a divorce, legal separation, or annulment when there are no minor children. File with the Clerk of Courts.
Form D.R. 01 — Case Information Sheet (no minor children) — The Domestic Relations information sheet required with the complaint as part of the Appendix A packet.
Affidavit 1 — Income & Expenses (no minor children) — Your sworn income and expenses. Each spouse files one; must be notarized.
Affidavit 2 — Property (no minor children) — Lists all assets and debts. Required with every DR complaint.

Legal separation with at least one minor child — Deposit set by the Clerk — confirm at (937) 440-6046; Affidavit of Indigency available

Filed on the Form 7 complaint with the Appendix A packet, parenting and health-insurance affidavits, and a support order.

Complaint for Divorce, Legal Separation, Custody and/or Child Support (Form 7) — Opens a divorce, legal separation, custody, or child-support case when there is at least one minor child. File with the Clerk of Courts.
Form D.R. 01 — Case Information Sheet (with minor children) — The Domestic Relations information sheet required with the complaint as part of the Appendix A packet.
Affidavit 1 — Income & Expenses (with at least one minor child) — Your sworn income and expenses. Each parent files one; must be notarized.
Affidavit 2 — Property (with at least one minor child) — Lists all assets and debts. Required with every DR complaint.
Affidavit 3 — Parenting Proceeding (UCCJEA, with minor children) — Lists where each child has lived for the last 5 years, confirming Ohio's UCCJEA jurisdiction. Required in any case with minor children.
Affidavit 4 — Health Insurance (with minor children) — Discloses available children's health insurance 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.

How to File Legal Separation in Miami County

Choose the right complaint. Use Form 7 with at least one minor child, or Form 6 with none. Legal separation uses the divorce complaint forms.
Assemble the Appendix A packet. Add the income/expense and property affidavits, the Form D.R. 01 sheet, and — with children — the parenting and health-insurance affidavits and a support order.
File and serve. E-file with the Clerk (mandatory as of June 1, 2026) with the required copies. Confirm the deposit at (937) 440-6046 or file an Affidavit of Indigency.
Follow the divorce process to an order. The case moves through temporary orders, the parenting seminar (with children), pretrial, and a hearing, ending in a legal-separation order.

Miami County Practice Notes

Same forms as divorce, different result. Legal separation is filed on the divorce complaint forms (Form 6 without children, Form 7 with children) with the full Appendix A packet, and tracks the divorce process — but it ends in a legal-separation order, leaving the marriage intact.
No separate Domestic Relations court. Miami County has no standalone Domestic Relations court. The General Division of the Common Pleas Court — Judges Jeannine Pratt and Stacy Wall, who also constitute the Domestic Relations Division — hears all divorce, dissolution, legal separation, and annulment cases, with domestic-relations magistrates handling much of the process. All DR documents are filed through the Clerk of Courts, (937) 440-6046.

Frequently Asked Questions

What is a legal separation in Miami County and how is it different from divorce?: A legal separation divides property, allocates parental rights, and sets support without ending the marriage — you stay legally married but live under court orders. It can be useful for religious, insurance, or immigration reasons. It is filed on the same complaint forms used for divorce (Form 6 without children or Form 7 with children) with the full Appendix A packet. You can still file for a divorce or dissolution later if you decide to end the marriage.
What is the difference between divorce and dissolution in Miami County?: A dissolution is a no-fault, fully agreed end to a marriage: both spouses sign a Separation Agreement (and, with children, a parenting plan) before filing a joint Petition for Dissolution (Form 17), and the court holds a hearing 30–90 days later (R.C. 3105.64). A divorce is used when the spouses do not fully agree or one spouse files against the other; it can involve temporary orders, a pretrial, and a trial. If spouses stop agreeing during a dissolution, the case can convert to a divorce.
How many copies and what packet do I need to file in Miami County?: File the original plus four copies when there are minor children, or the original plus three copies when there are none (Local R. 8.01(F)). Every DR complaint, petition, or post-decree motion must also include the full Appendix A required-filings packet (income/expense and property affidavits, and — with children — the parenting and health-insurance affidavits, a support order, the IV-D application, and the Form D.R. 01 information sheet) or the Clerk will reject the filing (Local R. 8.01(A)).
How much is the filing deposit in Miami County?: Miami County does not publish a flat divorce/dissolution/legal-separation deposit schedule online; the Clerk of Courts sets the deposit and collects it through the e-file system. Confirm the current amount before filing at (937) 440-6046. If you cannot afford it, file an Affidavit of Indigency to ask the court to waive the deposit.
Is a parenting class required in Miami County?: Yes, when minor children are involved. Parents in an original divorce, dissolution, or paternity case must complete the county seminar "Helping Children Succeed After Divorce" (Local R. 8.06). Sessions are held Wednesday mornings and last about 2.5 hours. Complete the seminar before the dissolution decree is filed, or within 45 days of service in a divorce. To reschedule, contact the office of the Magistrate assigned to your case. Failure to complete it can delay your decree or result in denial of court-ordered parenting time.

Free Local Resources in Miami County

Miami County Clerk of Courts (Common Pleas / Domestic Relations). 215 W. Main Street, Troy, OH 45373; (937) 440-6046. Files all Domestic Relations documents and collects deposits through the e-file system (mandatory as of June 1, 2026). Confirm the current divorce/dissolution/legal-separation deposit here, or file an Affidavit of Indigency to seek a waiver.
Miami County Domestic Relations Forms. https://www.miamicountyohio.gov/domestic-relations-forms/ — the county's DR forms, organized by case type, plus Appendix A (the required-filings checklist). Do not print forms double-sided.
Parenting seminar — "Helping Children Succeed After Divorce". https://www.miamicountyohio.gov/parenting-seminar/ — required for parents of children under 18 in a divorce, dissolution, or paternity case (Local R. 8.06). Sessions are Wednesday mornings (~2.5 hours); complete before the dissolution decree is filed or within 45 days of service. Reschedule through the assigned Magistrate's office.
Miami County Juvenile Court. 2040 North County Road 25-A, Troy, OH 45373; (937) 440-5970 (Clerk, option 2); juvenilefile@miamicountyohio.gov. Judge Scott Altenburger. Decides parentage, custody, support, and parenting time for unmarried parents and non-parent legal custody. Paternity/custody/visitation: $135.00 per child (no fee to CSEA or Children's Services).
Miami County Child Support Enforcement Agency (CSEA). https://www.miamicountyohio.gov/child-support-enforcement-agency-csea/ — opens IV-D cases, calculates support, collects by wage withholding through Ohio Child Support Payment Central, and enforces orders. No filing fee is charged to CSEA (Local Juv. R. 4.06).
Miami County Probate Court. 215 W. Main Street, Troy, OH 45373; (937) 440-6050. Judge Scott Altenburger. Handles adoptions, name changes, marriage licenses, and minor guardianships. Accepts the Supreme Court of Ohio Probate standardized forms plus local forms.

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.
Dayton family law — Local attorneys and courts serving the Dayton metro.
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