Montgomery County Divorce Attorneys

Reviewed by Stephanie Green · Managing Partner & Co-Founder · Last updated June 4, 2026

Montgomery County, Ohio · Dayton

Divorces in Montgomery County are handled by the Court of Common Pleas, Domestic Relations Division at 301 West Third Street in Dayton. A divorce is the contested path — you don't need your spouse's agreement to file. Deposits run, plus court surcharges.

Hire Gavvl for your Montgomery County divorce case

Flat-fee and full-representation options: we handle the filings, the Montgomery County local forms, the court strategy, and the hearings — and you know the price before we start (flat fees from $1,440).

Start with a $25 consultation and talk through your options with an Ohio family-law attorney before you commit to anything. Get started online or see payment plans & financing.

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 set by the Clerk, 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.

Hire Gavvl Law for your Montgomery County divorce

Dayton adds a gatekeeper most Ohio counties don't have: every self-represented filing must pass the Domestic Relations Court's Compliance Office review before the Clerk will accept it, which means do-it-yourself paperwork gets sent back until it's perfect. Gavvl Law removes that bottleneck — a flat-fee package where we prepare and file your complaint packet at 301 West Third Street, or full representation that runs your case from the deposit to the final decree.

  • Past the Compliance Office on the first pass. Montgomery's Compliance Office reviews every pro se filing and every decree with support terms, and imperfect forms come back for correction before the Clerk will touch them. We prepare filings to the standard the reviewers apply, so your Dayton case gets docketed instead of recycled.
  • The 60-day parenting-seminar clock, managed. In a Montgomery divorce with minor children, "Helping Children Succeed After Divorce" must be completed within 60 days of filing. We get you registered at the start of the case and confirm the certificate lands in the file, so the seminar never becomes the reason your decree waits.
  • Temporary support requested with the right affidavit. Montgomery's Standard Mutual Restraining Order issues automatically under D.R. Rule 4.21, but temporary custody and support only happen if you ask — through Affidavit 5 with real financial detail behind it. We prepare that request so money and parenting time are ordered while the case is pending, not after it's over.

Contested Dayton divorces are typically set for final hearing six months or more out, so the temporary orders you win early are the rules your family lives under for a long stretch. We front-load the case — compliant paperwork, the Affidavit 5 request, the seminar certificate — so the waiting period works in your favor instead of against you.

Flat-fee options

Flat-fee limited scope: we draft and file the correct complaint packet for your situation; you appear at any hearings yourself.

  • Complaint for Divorce: $1,440
  • With temporary orders: $2,015
  • With minor children: $2,015
  • With children + temporary orders: $2,300

Prefer full representation? An Ohio attorney can carry the entire case on a $3,500 retainer.

On limited-scope services of $2,000 or more, Gavvl Direct — our in-house plan with no interest and no credit check — takes 60% down to start, then the balance in three monthly payments, the first due 28 days after your initial payment. Affirm, Klarna, and PayPal Pay Later are also available through LawPay.

Start your divorce case or see payment plans & financing.

Real people — with direct lines

Your consultation

Stephanie Green or Elizabeth Warren, our managing partners — Niva Elgin, our Director of Attorney Relations and a licensed New Mexico attorney — or Richard Furnish, an Of Counsel Ohio family-law attorney. They've heard hundreds of situations like yours and will tell you plainly what you need, and what you don't. Meet the firm.

Your attorney

One of our Of Counsel Ohio family-law attorneys is your attorney for the case — from the first strategy call to the final order in Montgomery County. You have their name and a direct line the day your file opens. Our attorneys.

Your case team

Niva Elgin keeps your case moving as Director of Attorney Relations. Madeline Wampler, Certified Paralegal, handles documents and scheduling. Erin Schultz, Finance Manager, handles billing and payment plans. Real people who answer when you call.

  • 95+ five-star Google reviews
  • 60+ years of combined Ohio family-law experience
  • Super Lawyers Rising Stars honorees on the team: Elizabeth Warren (2021–2023) and Samantha Berkhofer (2019–2021)
  • Every flat fee published before you call

From first call to retained — and every step after

  1. Consultation — A 30-minute phone call, $25. You talk with Stephanie Green, Elizabeth Warren, Niva Elgin, or Richard Furnish about what's happening and what Ohio law actually does with it. Before you hang up you'll know whether you need a lawyer at all — and if you do, you leave with a written quote: the service we recommend, the price, your financing options, and your next steps.
  2. Choose — Pick the level of help. Pay, or set up financing. Limited-scope flat fee or full representation — you choose, with real numbers in front of you. Pay online, or secure a Gavvl Direct payment plan or third-party financing in a few minutes. Nothing is billed until you decide.
  3. Sign — Your agreement arrives by email. Review the client agreement and sign it electronically — from your phone if you like. While you do, your attorney reviews your intake.
  4. Get started — Your first attorney call goes on the calendar. Limited scope: your attorney's first call is scheduled from your intake. Full representation: a paralegal reaches out the same or next business day to open your file and gather what's needed, then schedules your first attorney call — and if something is urgent, you speak with the attorney first.

It's easier than ever to retain an excellent attorney.

How you'll stay updated — you never have to wonder

Every client gets GavvLink™, our client portal, on day one. Your whole case — messages, calendar, billing, status — lives in one place, and your team is a message away.

  • Reach your attorney directly. Message, text, email, or call. Request a callback or book time on their calendar yourself — no waiting to hear back.
  • Case calendar with reminders. Every hearing, deadline, and milestone, with a reminder before each one.
  • Case status updates. See where your case stands and what happens next, updated as it moves.
  • Payments and billing in real time. Every entry on your account as it posts, plus links to make a payment or add funds.
  • Your case team, one message away. Full-representation clients message their paralegal and case manager the same way — and they answer.
  • 24/7 receptionists and direct lines. Something urgent after hours? A live receptionist answers around the clock and reaches your team. You also have your attorney's direct line — and a way to reach the managing partners. We return calls and messages promptly.

Can I do this without an attorney?

sometimes, yes. Ohio lets you represent yourself, and for a genuinely agreed dissolution or a simple motion, some people do. The Montgomery County forms and local rules are linked in the questions below, and our free tools will draft a parenting plan or estimate child support before you spend anything.

Here's what the online-divorce platforms leave out: most Ohio counties require their own forms and language on top of the statewide ones, and a rejected filing is the most common reason people call us after trying it alone. A $25, 30-minute call tells you whether you can do this yourself — and if you can, we'll say so.

Schedule Your $25 Consultation

Compare Your Options for Ending a Marriage in Ohio

PathEnds the marriage?Agreement required?Best when
DissolutionYesYes — on every term before filingBoth spouses agree on everything and want the fastest, lowest-cost path
Divorce (contested)YesNoSpouses disagree on property, support, or parenting and need a judge to decide
Divorce (uncontested / default)YesNoOne spouse will not respond or cannot be located
Legal separationNo — you stay marriedOptionalYou need court orders but must stay married (religion, insurance, or benefits)
AnnulmentTreated as never validNoThe marriage was never legally valid (fraud, bigamy, underage, or incapacity)

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

301 West Third Street, 2nd & 3rd Floor, Dayton, OH 45422
Phone: (937) 225-4063
Hours: Monday–Friday, 8:30 a.m. – 4:30 p.m. (closed for lunch 12:00–1:15 p.m.)
Website: Court website
e-Filing: Online e-filing portal

Juvenile Branch (Never-Married Parents)

Montgomery County Juvenile Court
380 West Second Street, 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.

Frequently Asked Questions

Which forms do I need to file for divorce in Montgomery County?

Core divorce filing packet (no children)

Core divorce filing packet (with minor children)

Temporary orders (support, parenting time, exclusive use)

  • Affidavit of Financial Disclosure (DR Appendix Form 1) — Required to support any temporary-orders request. Temporary orders take effect 14 days after service on your spouse (Mont. D.R. Rule 4.2). Tip: Ten categories of restraining order are already automatic at filing under Rule 4.1 — you do not file a separate motion for those.

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 are set by the court 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.
What does divorce cost in Montgomery County?
Two numbers matter. The court's filing fee, which the Clerk sets and can confirm. And the attorney work: Our published flat fees from $1,440 cover drafting and filing the paperwork (limited scope — the court's filing fee is invoiced separately), with payment plans available. Prefer full representation? An attorney can carry the whole case on a retainer — every number is published in the pricing section above.
What forms do I need for divorce in Montgomery County?
It depends on your situation — children, temporary orders, and which court you file in all change the packet. Answer the quick questions in the paperwork section above and your exact Montgomery County checklist appears, with every official form linked as a PDF.
How long does divorce take in Montgomery County?
It depends on how much you and the other side agree. Agreed matters generally move through Montgomery County Court of Common Pleas, Domestic Relations Division in months, not years; contested cases take longer. The part you control is filing a complete, correct packet the first time — bounced paperwork is the most common self-filing delay.
Do we really need lawyers if we agree?
Maybe not — and we'll say so at a $25 consultation. But an agreement only counts if it survives on paper, in the exact packet Montgomery County's court expects, and what you file becomes a binding court decree that is hard to fix later. Precision drafting for people who already agree is most of what our flat-fee work is: done once, done right.
Where are the Montgomery County local rules, and what does this court do differently?

Judges, magistrates, and filing fees change, so we do not publish them here. Montgomery County posts the current information itself:

  • 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.
Are there free legal 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

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.

Related guides

In-depth, attorney-written guides on divorce and related Ohio family law topics.

  • 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.
  • 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.
  • What Happens If I Move Out Before the Divorce? (Ohio Myths vs. Reality) — Moving out of the marital home does not forfeit your share of the house, your retirement, or your right to parent your children. It can affect the date the court uses to divide property, and it can affect custody indirectly if you become less involved. This guide separates the myths from what Ohio law actually does, and explains why temporary orders solve most of it.
  • How Much Does a Divorce Cost in Ohio? — The cost of an Ohio divorce ranges widely depending on conflict and complexity. Here's what drives the price — court fees, attorney fees, experts — and how to keep it manageable.
  • Dividing Property in an Ohio Divorce — Ohio divides marital property equitably — meaning fairly, not always equally. The first step is classifying every asset and debt. Here's how the process works.
  • Who Gets the House in an Ohio Divorce? — The marital home is often a couple's biggest asset and most emotional decision. Ohio divides its equity equitably — through a buyout, a sale, or a deferred sale. Here's how.

More Montgomery County family-law resources

Understand the cost

Call (513) 643-1969 or email support@gavvl.com.