Filing for Divorce with Children in Montgomery County

Reviewed by Stephanie Green · Managing Partner & Co-Founder · Last updated May 27, 2026

File for divorce with minor children in the Montgomery County Domestic Relations Court. Step-by-step guidance, 9 required forms, ~$475 filing fee, parenting class requirements, and Ohio attorney help.

Montgomery County uses a two-step filing process unusual among Ohio DR courts: you drop your documents at the Navigator's Office (Room 222) at 301 W. Third Street, the Compliance Office (Room 261) reviews them, and only after approval do you pay the $475 fee at the Clerk of Court across the walkway at 41 N. Perry Street. The MCDRC Form Assistant at mcdrc.ohiolegalhelp.org is the court's recommended way to build your packet.

Ohio Divorce by the Numbers

6 months Ohio residency required before you can file Source: Ohio Revised Code § 3105.03
90 days Residency in the county of filing (venue) Source: Ohio Civ. R. 3
30–90 days Typical time to finalize an uncontested dissolution Source: Ohio Revised Code § 3105.64
1 year Living separate and apart that qualifies as no-fault grounds Source: Ohio Revised Code § 3105.01

Compare Your Options for Ending a Marriage in Ohio

Path	Ends the marriage?	Agreement required?	Best when
Dissolution	Yes	Yes — on every term before filing	Both spouses agree on everything and want the fastest, lowest-cost path
Divorce (contested)	Yes	No	Spouses disagree on property, support, or parenting and need a judge to decide
Divorce (uncontested / default)	Yes	No	One spouse will not respond or cannot be located
Legal separation	No — you stay married	Optional	You need court orders but must stay married (religion, insurance, or benefits)
Annulment	Treated as never valid	No	The marriage was never legally valid (fraud, bigamy, underage, or incapacity)

Montgomery County Domestic Relations Court

301 West Third Street, 2nd 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: Montgomery County DR e-Filing

Drop off at Navigator's Office (Room 222). Compliance Office: Room 261 • (937) 225-4782. Pay and file at Clerk of Court, 41 N. Perry Street, Room 104.

Filing Fees

$475 divorce with children (paid at the Clerk of Court after Compliance approval)

Montgomery County Procedure Quirks

Two-step filing: documents are first reviewed by the Compliance Office (Room 261) before you pay and file with the Clerk of Court.
Two buildings: DR Court is at 301 W. Third Street; the Clerk of Court is across an indoor walkway at 41 N. Perry Street, Room 104.
Drop-off for review is in the Navigator's Office, Room 222 — around the corner to the right from the elevator.
Poverty Affidavit can be added to your packet via the Form Assistant if you cannot pay up front; you may still owe the fee at the end of the case.

Parenting Class

Helping Children Succeed After Divorce — Held at Sinclair Community College — register through the DR Court's Parent Education Department, (937) 225-5412
Mandatory for parents with minor children before the final hearing.

Judges

Administrative Judge Timothy D. Wood
Judge Jennifer A. Petrella

Montgomery County Juvenile Court (Juvenile Justice Center)

380 West Second Street, Dayton, OH 45422
Phone: (937) 225-4199
Hours: Court: Mon–Fri 8:30 a.m.–4:30 p.m. • Clerk's Office (filing): 8:30 a.m.–4:15 p.m. Closed on federal holidays.
Website: Juvenile court website

Pro Se Packet pickup Mon–Fri 8:30–12:00 and 1:00–3:30. Citizen Services / notary by appointment Wed–Fri.

Domestic Relations vs. Juvenile

Montgomery splits across downtown Dayton: DR Court at 301 W. Third Street (with Compliance review before payment) for divorces and dissolutions; Juvenile Court at 380 W. Second Street for never-married-parent custody/support and juvenile matters.

Free Local Resources in Montgomery County

MCDRC Form Assistant (Ohio Legal Help). mcdrc.ohiolegalhelp.org/letters-forms/divorce-with-children — guided interview generates all required forms, free.
Free Legal Help for Self-Represented Parties. Income-qualified parties may receive free legal help. (937) 496-7766.
Printing. Any Dayton Public Library branch (10¢/page) or Montgomery County Law Library (20¢/page, cash or check only).

Other Montgomery County Court Services

Domestic Violence & Dating Violence Protection Orders

A Civil Protection Order under R.C. 3113.31 protects you from a family or household member with no-contact, stay-away, residence-exclusion, and temporary-custody terms. In Montgomery County, file at the DV Public Coordinator lobby, 2nd Floor of the DR Court, 301 West Third Street, Dayton. There is no filing fee, and an ex parte order can be granted the same day if you file by 3:30 p.m.

Bring a valid state ID and the respondent's name, address, and date of birth; the filing process takes about 2 hours. An ex parte order lasts up to 1 year and a full CPO up to 5 years, and a Montgomery County CPO can be dismissed only by appearing in person. Free DV advocacy: Artemis Center (937) 461-4357 and YWCA Dayton (937) 222-7233.

Required divorce-with-children packet (9 forms)

Complaint for Divorce with Children — The main document that starts your case. Ohio Supreme Court Form 7.
Affidavit of Income & Expenses — Your income and monthly bills. UDRF Affidavit 1.
Affidavit of Property & Debt — What you own and owe. UDRF Affidavit 2.
Parenting Proceeding Affidavit — The children's past 5-year address history. UDRF Affidavit 3.
Health Insurance Affidavit — Who provides insurance and the cost. UDRF Affidavit 4.
Motion & Affidavit for Temporary Orders — Requests temporary parenting, support, etc. while pending. UDRF Affidavit 5.
Request for Service — Tells the court how to deliver papers to your spouse. UDRF Form 31.
Primary Party Questionnaire — Montgomery-specific. Generated by the Form Assistant; data must also be entered into the courthouse kiosk.
Judgment Entry — Decree of Divorce With Children — Court's final order at the final hearing. UDRF Form 15.

Temporary orders while your case is pending

Affidavit 5 sets the rules for support and custody while pending. The spouse has 14 days to file a counter-affidavit. Decisions are typically based on the affidavits, but Montgomery's Compliance Office may flag issues that delay your ruling.

Motion & Affidavit for Temporary Orders — Requests temporary parenting, support, etc. while pending. UDRF Affidavit 5.

Related guides

In-depth, attorney-written guides on divorce, custody, 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.
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.
How Long Does a Divorce Take in Ohio? — There is no single answer to how long an Ohio divorce takes — an agreed dissolution can finish in a couple of months, while a contested divorce may run a year or more. Here's what drives the timeline.

Related to your 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.
Spousal Support — Pursue or respond to alimony requests during and after divorce.

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