Filing for Divorce in Montgomery County

How do I file for divorce in Montgomery County, Ohio?

File a Complaint for Divorce with the Montgomery County Domestic Relations Court at 301 West Third Street, Dayton, OH 45422, or e-file at efiling.mcohio.org (attorneys). The deposit is about $375 without children and $475 with children, plus surcharges. You or your spouse must have been an Ohio resident for 6+ months and a Montgomery County resident for 90+ days. Self-represented parties submit forms through the Compliance Office (Room 261) before filing with the Clerk.

Where to File: Montgomery County Court of Common Pleas, Domestic Relations Division

Juvenile Branch (Never-Married Parents)

Montgomery County Juvenile Court
380 West Second Street, Dayton, OH 45422, Dayton, OH 45422
Phone: (937) 496-7908
Hours: Monday–Friday, 8:30 a.m. – 4:30 p.m.

Divorce is the right path if…

• You and your spouse don't agree on everything — custody, money, property, debt, or support.
• Your spouse won't sign paperwork, won't communicate, or you can't safely reach an agreement.
• You need temporary orders now for support, exclusive use of the home, or parenting time.
• You or your spouse have been an Ohio resident for 6+ months and a Montgomery County resident for 90+ days.

If you and your spouse already agree on every term in writing, a dissolution is usually faster and cheaper than a divorce. See Montgomery dissolution options.

Filing Fees

~$375 without children · ~$475 with children · plus Mont. D.R. Rule 2 surcharges · 3% convenience fee on card/e-filing payments

Forms & Filing Packets

How to File Divorce in Montgomery County

1. Confirm Ohio residency and Montgomery County venue. You or your spouse must have been an Ohio resident for 6+ months and a Montgomery County resident for 90+ days before filing.
2. Build your Complaint with the Ohio Legal Help assistant. Use the Montgomery County divorce-with-children or divorce-without-children interview at mcdrc.ohiolegalhelp.org to generate the Complaint, then add the Affidavit of Financial Disclosure.
3. Add the children's packet if you have minor children. Include the Parenting Proceeding Affidavit, Standard Order of Parenting Time, Ohio child-support worksheet, health-insurance affidavit, and IV-D Application.
4. Review through Compliance (self-represented) or e-file (attorneys). Self-represented parties take forms to the Compliance Office (Room 261); attorneys e-file at efiling.mcohio.org. Deposit is ~$375 or ~$475 plus surcharges.
5. Complete the parenting class if you have children. Register for 'Helping Children Succeed After Divorce' at go.mcohio.org and file proof of completion before the final hearing.

Montgomery County Practice Notes

• Automatic restraining orders at filing. Unlike many Ohio counties, Montgomery DR imposes 10 categories of Temporary Restraining Order automatically when you file (Mont. D.R. Rule 4.1) — including no dissipation of assets, no removing the children from Ohio, and maintaining insurance. You do not file a separate motion for those protections.
• Self-represented filings go through the Compliance Office. Self-represented parties cannot e-file. Submit your completed forms to the Compliance Office (Room 261, 2nd Floor) for review before the Clerk will accept them. Corrections must be made in white-out and blue ink — no cross-outs.
• Best-interest standard governs. R.C. 3109.04(F)(1) lists 10+ factors: each parent's wishes, the child's wishes (when of sufficient age), the child's interaction with parents/siblings, adjustment to home/school/community, mental and physical health of all involved, the parent more likely to facilitate court-approved parenting time, child support compliance, criminal history, residence outside Ohio, and any history of abuse.

Frequently Asked Questions

What are the residency requirements to file in Montgomery County?

For divorce, legal separation, or annulment, you or your spouse must have been an Ohio resident for at least 6 months immediately before filing, and a Montgomery County resident for at least 90 days. For dissolution, only the 6-month Ohio residency applies — there is no separate Montgomery County residency requirement. For Juvenile Court cases (paternity, never-married custody, child support), Ohio must be the children's 'home state' under the UCCJEA, generally meaning they have lived in Ohio for the last 6 months.

How much does it cost to file in Montgomery County?

Domestic Relations deposits: divorce $375 without children / $475 with children; dissolution $300 without children / $400 with children; legal separation $300 / $400; annulment $300. Post-decree motions are $200 and service by publication is $200. There is no filing fee for a DV/CPO. Court surcharges (Technology $20, E-Filing/Storage $35, Parent Education $10, and others) are added per Mont. D.R. Rule 2, and a 3% convenience fee applies to card and e-filing payments. Confirm current amounts with the Clerk of Courts at 41 N. Perry Street.

How long does a Montgomery County case usually take?

Dissolution: 30–90 days from filing to the final hearing (Mont. D.R. Rule 3.2). Uncontested divorce or legal separation: 4–6 months. Contested divorce: 6–18 months depending on temporary-orders activity and the assigned Judge's calendar. Ex parte custody motions are set for hearing within 10 calendar days (Rule 3.3). Civil Protection Orders: ex parte order the same day if filed by 3:30 p.m.; final order can last up to 5 years.

Can I e-file in Montgomery County DR Court?

E-filing is mandatory for all attorneys through https://efiling.mcohio.org/. Self-represented parties cannot e-file — they must submit completed forms through the Compliance Office (Room 261, 2nd Floor) for review before filing with the Clerk. The Juvenile Court accepts e-filing by emailing MCJCEFile@mcjcohio.org, with the original document and filing fee produced within 24 hours.

How do self-represented parties file in Montgomery County DR Court?

Self-represented parties cannot e-file. Start at the Court Navigator's Office (Room 222, 2nd Floor) for help, then submit your completed forms to the Compliance Office (Room 261, 2nd Floor of 301 W. Third Street), (937) 225-4782. The Compliance Office reviews every self-represented filing and every decree with support provisions — corrections must be made in white-out and blue ink (no cross-outs). After approval you complete a Primary Party Questionnaire at the kiosk and file with the Clerk at 41 N. Perry Street.

How do temporary orders and restraining orders work in Montgomery County?

Ten categories of Temporary Restraining Order are automatically in effect upon filing under Mont. D.R. Rule 4.1 — for example, no dissipation of assets, no removal of the children from Ohio, and maintaining insurance. Temporary orders for support, parenting time, and exclusive use of the home become effective 14 days after service on the opposing party (Rule 4.2). Interim attorney fees may be awarded without a hearing on motion.

Is the parenting class required in Montgomery County?

Yes. 'Helping Children Succeed After Divorce' is mandatory for all parties with minor children under Mont. D.R. Rule 5.5. The 3-hour class is held through Sinclair Community College. Register at go.mcohio.org or call the Parent Education Department at (937) 225-5412. File proof of completion before the final hearing.

Free Local Resources in Montgomery County

• Montgomery County DR Court — Ohio Legal Help Self-Help Portal. Free step-by-step interviews and fillable forms for Montgomery County divorce, dissolution, legal separation, annulment, custody, support, and protection-order cases at mcdrc.ohiolegalhelp.org.
• Montgomery County DR Court Navigator & Legal Clinic. The Court Navigator (Room 222, (937) 496-7766) and the free virtual Legal Clinic with the Greater Dayton Volunteer Lawyers Project (2nd Tuesday and 3rd Thursday monthly) help self-represented parties understand procedures and complete forms.
• Montgomery County Juvenile Court Citizen Services. Free pro se assistance for custody, parenting time, child support, paternity, contempt, and grandparent filings at (937) 224-3977, citizen.services@mcjcohio.org — walk-in Monday/Tuesday, by appointment Wednesday–Friday.
• Montgomery County CSEA. The county IV-D child-support agency at (937) 225-4600, 1111 S. Edwin C. Moses Blvd., opens cases, runs wage withholding, distributes payments, and enforces orders.

Other Family-Law Topics in Montgomery County

• Montgomery County Divorce — Full filing guide for contested divorce in Montgomery DR.
• Montgomery County Dissolution — Both-parties-agree route — faster and cheaper than divorce.
• Montgomery County Custody — Married parents file inside divorce; never-married parents file at the Juvenile Court.

Related to your divorce case

• Divorce & Dissolution — End your marriage through a contested divorce or an amicable dissolution.
• Child Support — Calculate, establish, or modify support under Ohio's guidelines.
• Paternity & Custody — Establish parentage and build a parenting plan that protects your children.
• Spousal Support — Pursue or respond to alimony requests during and after divorce.

Keep exploring

• Ohio Divorce guide — Statewide overview of divorce in Ohio.
• Dayton family law — Local attorneys and courts serving the Dayton metro.
• Meet Stephanie Green — Managing Partner & Family Law Attorney at Gavvl Law.
• Payment plans & financing — Flat fees with Gavvl Direct, Affirm, Klarna, or PayPal Pay Later.