Legal Separation in Muskingum County

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

Muskingum County, Ohio · Zanesville

A legal separation divides property and sets support, custody, and parenting time without ending the marriage. It is filed in the Muskingum County Domestic Relations Court and follows the divorce process, including the Co-Parenting Seminar when there are minor children. People choose it for religious, insurance, or personal reasons while staying legally married.

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

File a complaint for legal separation in the Domestic Relations Court with the DR1/DR2 affidavits — and, with children, the DR3 parenting affidavit, the Health Insurance Affidavit, and a child-support worksheet. The deposit is $225 (+$50 per party for Sheriff service); a fee waiver is available. The case follows the divorce process — service, temporary orders, the Co-Parenting Seminar for parents of minor children, pretrial, and hearing — but the marriage is not ended.

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: Muskingum County Court of Common Pleas — Domestic Relations Division

22 N. 5th Street, 2nd Floor
Phone: (740) 455-7190
Hours: Monday–Friday, 8:00 a.m.–4:30 p.m. (Clerk's DR Division files documents 8:30 a.m.–4:30 p.m.)
Website: www.muskingumcountyoh.gov/Courts/Domestic-Relations/

Legal separation is the right path if…

You want court orders on property, support, custody, and parenting time but do not want to end the marriage.
You have religious, insurance, immigration, or personal reasons to remain legally married.
You meet Ohio residency requirements to file.
You can complete the Co-Parenting Seminar before the final hearing if you have minor children.

Filing Fees

$225 deposit · +$50 per party for Sheriff service · Co-Parenting Seminar $10 (with children) · fee waiver available. Confirm current amounts with the Clerk at (740) 455-7898.

Forms & Filing Packets

Legal separation without minor children — $225 deposit (+$50 per party for Sheriff service)

Filed in the Domestic Relations Court with the DR1/DR2 affidavits. Divides property and sets support without ending the marriage.

Financial Affidavit DR1 (Muskingum County, tab 47) — Sworn income, expense, and basic financial disclosure required in every DR filing.
Financial Affidavit DR2 — Property & Debt (Muskingum County, tab 49) — Lists assets and debts. Required at filing.
Request for Service (Muskingum County, tab 44) — Tells the Clerk how to serve the other party (certified mail or Sheriff).

Legal separation with minor children — $225 deposit (+$50 per party for Sheriff service)

Adds the parenting affidavit, the Health Insurance Affidavit, and a child-support worksheet; the Clerk serves the Co-Parenting Seminar brochure with the complaint.

Financial Affidavit DR1 (Muskingum County, tab 47) — Sworn income, expense, and basic financial disclosure required in every DR filing.
Financial Affidavit DR2 — Property & Debt (Muskingum County, tab 49) — Lists assets and debts. Required at filing.
Parenting Proceeding Affidavit DR3 (UCCJEA · R.C. 3127.23) (Muskingum County, tab 50) — Lists where each child has lived for the last 5 years, confirming Ohio's UCCJEA jurisdiction. Required in any case with minor children.
Health Insurance Affidavit (Muskingum County, tab 52) — Discloses whether health insurance is available for the children, 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 Muskingum County

Prepare the complaint and affidavits. Complete the legal-separation complaint with the DR1 and DR2 affidavits — adding the DR3 parenting affidavit, Health Insurance Affidavit, and a support worksheet if you have children.
Pay the deposit or request a waiver. Pay the $225 deposit (add $50 per party for Sheriff service) to the Clerk's DR Division or file a Civil Fee Waiver Affidavit.
Serve and complete the seminar. Serve your spouse and, with minor children, complete the 2-hour Co-Parenting Seminar (register at (740) 455-7190) before the final hearing.
Attend the hearing. Attend the pretrial and hearing; the Court issues a legal-separation decree dividing property and setting support and parenting terms while the marriage continues.

Muskingum County Practice Notes

You stay legally married. A legal separation resolves property, support, custody, and parenting time but does not dissolve the marriage. You cannot remarry. Either spouse can later file for divorce.
2-hour Co-Parenting Seminar before the final hearing. Local Rule 7.07 requires both parents of minor children to complete the 2-hour Co-Parenting Seminar before the final hearing. Register at (740) 455-7190 (offered online; $10 fee). Children ages 6–17 may also be ordered to a children's seminar. A non-attending plaintiff's case may be administratively dismissed, and a non-attending parent may be denied parenting time until proof of completion is filed.
One court hears everything — even unmarried-parent cases. Unlike most Ohio counties, Muskingum County routes ALL family-law matters to the Domestic Relations Court (Local Rule 10.01): divorce, dissolution, legal separation, annulment, parentage, custody, parenting time, support, non-parent custody, and DVCPO/stalking petitions. The Juvenile Court handles only delinquency and abuse/neglect/dependency; the Probate Court handles only adoptions.

Frequently Asked Questions

Are we still married after a Muskingum County legal separation?: Yes. A legal separation divides property and sets support, custody, and parenting time without ending the marriage. It is filed in the Domestic Relations Court and follows the divorce process; the deposit is $225.
How much does it cost to file a family-law case in Muskingum County?: A divorce, legal separation, or annulment deposit is $225; a dissolution is $175 ($200 with children); a custody, parenting-time, or support complaint is $175; a post-judgment motion is $150. Add $50 per party for Sheriff service. There is no fee for a DVCPO petitioner. A Civil Fee Waiver Affidavit can waive the deposit. Confirm current amounts with the Clerk at (740) 455-7898.
Is a parenting class required for Muskingum County cases with children?: Yes. Under Local Rule 7.07, a 2-hour Co-Parenting Seminar must be completed before the final hearing in every divorce, dissolution, legal separation, or annulment with minor children, and in any complaint for allocation of parental rights or parenting time. Register at (740) 455-7190 (offered online; $10 seminar fee). A separate six-week Cooperative Parenting Class ($100/person, both parents together) is ordered only in higher-conflict cases.
Where do I file a divorce or dissolution in Muskingum County?: In the Muskingum County Court of Common Pleas, Domestic Relations Division (Judge Maria N. Kalis), through the Clerk of Courts, DR Division, at 22 N. 5th Street, 2nd Floor, Zanesville — (740) 455-7898. An advance cost deposit is required before filing (Local Rule 1.07).

Free Local Resources in Muskingum County

Muskingum County Clerk of Courts — Domestic Relations Division. Files all DR documents at 22 N. 5th Street, 2nd Floor, Zanesville — (740) 455-7898. An advance cost deposit is required before filing (Local Rule 1.07); a Civil Fee Waiver Affidavit can waive it. Forms are on the Court's Domestic Forms page (tabs 1–66).
Domestic Relations Help Desk (free legal clinic). Free help for income-eligible people with simple custody, divorce, and dissolution cases — 4th Monday monthly, 11:00 a.m.–1:00 p.m., at the DR Court, 22 N. 5th Street, 2nd Floor. Preregister with Legal Aid of Southeastern & Central Ohio (LASCO) at (614) 827-0504 (intake (866) 529-6446; seols.org).
Domestic Relations Court Mediation Department. The Court runs an in-house Mediation Department. It can order mediation, accepts voluntary post-decree requests without a motion, and offers mediation before a case is filed — call (740) 455-7190 (Local Rules 3.01–3.09).
Transitions (domestic-violence shelter & CPO advocacy). Provides shelter and free protection-order advocacy and can attend court with you — (740) 454-3213. There is no filing fee for a DVCPO petitioner (R.C. 3113.31(K)).
Co-Parenting Seminar registration. The required 2-hour Co-Parenting Seminar (Local Rule 7.07) is offered online; register by calling the Court at (740) 455-7190. The $10 seminar fee is among the Court's costs — confirm the current cost when registering.

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