Legal Separation in Monroe County

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

Monroe County, Ohio · Woodsfield

A legal separation divides property and sets support and parenting terms while you stay legally married. People choose it for religious reasons, to keep health insurance or other benefits, or when they aren't ready for a divorce. It does not end the marriage — you cannot remarry after a legal separation, and you'd file a separate divorce or dissolution later if you want that. In Monroe County, legal separation is heard by the General Division of the Court of Common Pleas in Woodsfield.

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

File a Complaint for Legal Separation (R.C. 3105.17) using the Ohio Supreme Court forms — the same standardized complaint and affidavits as a divorce — with Affidavit 1 (income) and Affidavit 2 (property), plus Affidavits 3 and 4, a parenting plan, and the support worksheet if you have minor children. File at the Monroe County Clerk of Courts, Room 26, 101 North Main Street, Woodsfield, (740) 472-0761, with the $200 cost deposit (fee waiver available). Unlike a divorce, there is no fixed Ohio residency period required to file for legal separation; sign all originals in blue ink (Local Rule IV).

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: Monroe County Court of Common Pleas — General Division

101 North Main Street, Room 33, Woodsfield, OH 43793
Phone: (740) 472-0841
Hours: Monday–Friday, 8:00 a.m.–4:00 p.m. (closed legal holidays)
Website: www.monroecountyohio.com/government/clerk_of_courts/common_pleas_court/index.php

Juvenile Branch (Never-Married Parents)

Monroe County Combined Probate/Juvenile Division
101 North Main Street, Room 39, Woodsfield, OH 43793
Phone: (740) 472-5790
Hours: Monday–Friday, 8:00 a.m.–4:00 p.m. (closed legal holidays)

Legal Separation is the right path if…

You want to divide property and set support/parenting terms but stay legally married.
You have religious, insurance, or benefit reasons to avoid ending the marriage.
You may not yet want a divorce, or aren't ready to decide.
You understand a legal separation does not let you remarry.

Filing Fees

$200 cost deposit · $200 answer/counterclaim · $60 motions/temporary orders · fee waiver (poverty affidavit) available · confirm current amounts and payment methods with the Clerk at (740) 472-0761

Forms & Filing Packets

Legal separation with no minor children — $200 deposit

File the Complaint for Legal Separation with Affidavit 1 (income) and Affidavit 2 (property). Pay the $200 deposit and sign in blue ink.

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.

Legal separation with minor children — $200 deposit

Add Affidavit 3 (UCCJEA), Affidavit 4 (health insurance), a parenting plan, and the child-support worksheet, and complete the parenting session (Local Rule XV). The county's Standard Visitation Schedule sets parenting time.

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.
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.
Monroe County Standard Visitation Schedule (Local Rule XXVIII) — The county's default parenting-time order. It becomes the schedule unless the parents agree to a different plan the Court approves, and it requires notifying the other parent and trying to renegotiate before a move.

How to File Legal Separation in Monroe County

Decide separation vs. divorce. Confirm you want to stay legally married (for insurance, religious, or other reasons) rather than end the marriage; if you want to remarry later, you'll need a separate divorce or dissolution.
Complete the forms in blue ink. Use the Ohio Supreme Court complaint and Affidavits 1 and 2; with children add Affidavits 3 and 4, a parenting plan, and the support worksheet. Sign all originals in blue ink (Local Rule IV).
File with the deposit. File at the Monroe County Clerk of Courts, Room 26, Woodsfield, with the $200 deposit (or a poverty affidavit). You may e-file through the Henschen portal.
Resolve and finalize. Use temporary orders if needed; the judge enters a decree of legal separation dividing property and setting support and parenting terms while the marriage continues.

Monroe County Practice Notes

Legal separation keeps the marriage intact. A legal separation (R.C. 3105.17) divides property and sets support and parenting terms but does not end the marriage; you cannot remarry afterward. It is heard in the General Division using the same $200 deposit schedule and the Ohio Supreme Court standardized forms. If you later want to end the marriage, you file a separate divorce or dissolution.
Blue ink, 7-day update duty, and service by publication. Local Rule IV requires all original filings and signatures to be in blue ink on 8½ × 11 paper. Under Local Rule XIII, all updated information must reach the Court within 7 days before the final hearing or the Court will not proceed. If a spouse can't be located, service by publication (Civ.R. 4.4, Local Rule IX) posts at the U.S. post offices in Beallsville and Sardis plus the Woodsfield courthouse after certified- and regular-mail attempts are exhausted.

Frequently Asked Questions

Does a legal separation end my marriage in Monroe County?: No. A legal separation (R.C. 3105.17) divides property and sets support and parenting terms while you stay legally married. People choose it for religious reasons, to keep insurance or other benefits, or when they don't yet want a divorce. A separate divorce or dissolution is still needed later if you want to remarry. It is heard in the General Division using the same $200 deposit schedule.
How much does it cost to file for divorce or dissolution in Monroe County?: A $200 cost deposit (Local Rule XII), the same for divorce and dissolution with or without children. An answer/counterclaim is also $200; motions, contempt, and temporary-order requests are $60; a change of custody is $100; appeals are $101. The older no-children dissolution packet still lists $150 — confirm the current $200 amount with the Clerk at (740) 472-0761. A fee waiver is available with a poverty affidavit.
Is a parenting class required for family-law cases in Monroe County?: Yes. Under Local Rule XV, any party seeking custody or parenting time in a case with children under 18 — and both spouses in a dissolution with children — must complete the two-hour 'Helping Children Cope With Divorce' session through OSU Extension before the case is set for hearing. The fee is $10 under the rule / $15 per the Court's class page; confirm when you register at (740) 472-0810.
Does Monroe County have a separate divorce (Domestic Relations) court?: No. Monroe County has no separate Domestic Relations court. Divorce, dissolution, legal separation, annulment, and protection orders are heard by the General Division of the Court of Common Pleas (Hon. Julie R. Selmon) and filed through the Clerk of Courts (Beth Ann Rose, Room 26) at 101 North Main Street, Woodsfield, OH 43793. The Clerk's filing line is (740) 472-0761; the court's general line is (740) 472-0841.

Free Local Resources in Monroe County

Monroe County Clerk of Courts (General Division). Current filing fees, deposit amounts, and filing instructions for divorce, dissolution, legal separation, and annulment. Clerk Beth Ann Rose, Room 26; call (740) 472-0761 before filing. The county uses the Ohio Supreme Court standardized forms and accepts e-filing through the Henschen portal (https://efile.henschen.com/).
Monroe County Combined Probate/Juvenile Division. Handles never-married-parent custody, parentage, parenting time, and child support, plus non-parent custody and adoptions, under Hon. James W. Peters in Room 39. Juvenile line (740) 472-5790; Probate line (740) 472-1654.
Monroe County Child Support Enforcement Agency (CSEA / DJFS). Housed in the Monroe County Department of Job and Family Services at 100 Home Avenue, Woodsfield. Prepares the support worksheet for free, opens IV-D cases, runs wage withholding, distributes payments, and enforces orders. Phone (740) 472-1602.
Parenting Session — OSU Extension. The two-hour 'Helping Children Cope With Divorce' session required under Local Rule XV. Register through OSU Extension at (740) 472-0810; the fee is $10 under the rule / $15 per the Court's class page — confirm when you register.
Ohio Child Support Calculator. Run the official Ohio 2024 Income Shares child-support worksheet at https://ohiochildsupportcalculator.ohio.gov/ before any case that sets or changes support.

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