Legal Separation in Perry County

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

Perry County, Ohio · New Lexington

A legal separation divides property and debt and can order support and allocate parental rights — without ending the marriage. It is heard in the General Division of the Perry County Court of Common Pleas and follows the same practice rules as a divorce.

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

File a complaint for legal separation in the General Division through the Perry County Clerk of Courts, 105 N. Main St., New Lexington, (740) 342-1022, with the financial affidavits (Forms 1.0 and 2.0), parenting affidavits where children are involved (Form 3.0 and the Health Insurance Affidavit), and a IV-D/CSEA application where support is involved (Local Rule 17). The deposit is $285. A legal separation resolves finances and parenting while the parties stay legally married. Parents of minor children complete the OSU Extension co-parenting class.

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

QuestionLegal separationDivorce
Are you still legally married?Yes — you stay marriedNo — the marriage ends
Can you remarry afterward?NoYes
Divides marital property and debts?YesYes
Can it order support, custody, and parenting time?YesYes
Ohio residency required to file?Not required6 months in Ohio
Can it later become a divorce?Yes — either spouse can still fileIt already ends the marriage

Where to File: Perry County Court of Common Pleas, General Division

105 N. Main Street, New Lexington, OH 43764
Phone: (740) 342-1022
Hours: Monday–Friday, 8:00 a.m.–4:00 p.m. (Local Rule 2)
Website: pccommonpleas.com/

Juvenile Branch (Never-Married Parents)

Perry County Probate & Juvenile Court
105 N. Main Street / P.O. Box 167, New Lexington, OH 43764
Phone: (740) 342-1118
Hours: Monday–Friday, 8:00 a.m.–4:00 p.m.

Legal Separation is the right path if…

  • You want to divide finances and set parenting terms but not end the marriage.
  • You have religious, insurance, or personal reasons to stay legally married.
  • You need enforceable support or parenting orders now.
  • You or your spouse meet Ohio's residency requirement.

If you want to end the marriage, file for divorce or, if you fully agree, a dissolution. Compare divorce.

Filing Fees

$285 legal-separation deposit · indigency affidavit reduces the deposit to $25 · confirm current amounts with the Clerk at (740) 342-1022

Forms & Filing Packets

Legal-separation filing packet — $285 deposit (plus per-filing add-ons)

File the legal-separation complaint with the financial affidavits (Forms 1.0 and 2.0); the deposit is $285.

Legal separation with minor children — $285 deposit (plus per-filing add-ons)

Add the Parenting Proceeding Affidavit (Form 3.0), the Health Insurance Affidavit, a parenting plan, and the support worksheet, and register for the co-parenting class.

How to File Legal Separation in Perry County

  1. Confirm residency. Meet Ohio's residency requirement before filing for legal separation in the General Division.
  2. Prepare the complaint and affidavits. Draft the legal-separation complaint with the financial affidavits (Forms 1.0 and 2.0) and, with children, the Parenting Proceeding Affidavit, the Health Insurance Affidavit, and a parenting plan.
  3. File with the $285 deposit. File at the Clerk of Courts, 105 N. Main St., New Lexington, and pay the $285 deposit (or file an indigency affidavit), with the IV-D/CSEA application where support is involved.
  4. Complete the co-parenting class (if children). Both parents complete OSU Extension's "Successful Co-Parenting" class where minor children are involved.
  5. Resolve finances and parenting. The court divides property and debt and can order support and allocate parental rights — without ending the marriage.

Perry County Practice Notes

  • No separate Domestic Relations court. Divorce, dissolution, legal separation, and annulment are heard by the General Division of the Perry County Court of Common Pleas — there is no separate Domestic Relations division. Judge Tina M. Boyer presides, with Magistrate / Court Administrator Jamie Farmer. File through the Clerk of Courts, 105 N. Main St. / P.O. Box 67, New Lexington 43764, (740) 342-1022.
  • Co-parenting class required with minor children (Local Rule 17). In any divorce or dissolution with minor children, both parents complete "Successful Co-Parenting: Helping Children Cope With Divorce," offered by OSU Extension Perry County, 104 S. Columbus St., Somerset, (740) 743-1602. The fee is $25 cash and you must pre-register about a week ahead (Local Rule 17(4)). In a divorce you attend after the answer date; in a dissolution you complete it before the final hearing. OSU Extension sends the completion verification directly to the court.
  • CSEA (IV-D) application required at filing (Local Rule 17). A IV-D Application for Child Support Services must accompany every new Domestic Relations filing involving support (Local Rule 17). There is no online form — obtain it from the Perry County Child Support Division, (740) 342-2278, or from Job & Family Services, (740) 342-3551.
  • Fee waiver if you can't afford the deposit. File an indigency (poverty) affidavit with your case. In the General Division the deposit is then reduced to $25; the Juvenile Court waives its deposit on a poverty affidavit. Confirm the current procedure with the Clerk at (740) 342-1022 (General Division) or (740) 342-1118 (Juvenile).

Frequently Asked Questions

What does a legal separation or annulment cost to file in Perry County?
Both a legal separation and an annulment carry a $285 General Division deposit per the Clerk's schedule, plus the standard per-filing add-ons. A fee waiver is available by poverty affidavit. Confirm the current amount with the Clerk at (740) 342-1022.
Which court handles family-law cases in Perry County?
The General Division of the Perry County Court of Common Pleas (105 N. Main St., New Lexington) hears all divorce, dissolution, legal separation, and annulment cases — there is no separate Domestic Relations court. The Probate & Juvenile Court (also 105 N. Main St.) handles unmarried-parent parentage, custody, support, and parenting time (Juvenile, under R.C. 2151.23) and adoptions (Probate). Domestic-relations cases are filed through the Clerk of Courts at (740) 342-1022.
Do I have to take a parenting class in Perry County?
Yes, in any divorce or dissolution involving minor children. Both parents complete "Successful Co-Parenting: Helping Children Cope With Divorce," offered by OSU Extension Perry County, 104 S. Columbus St., Somerset ((740) 743-1602), under Local Rule 17(4). The fee is $25 cash and you must pre-register about a week ahead. In a divorce you attend after the answer date; in a dissolution you complete it before the final hearing. OSU Extension sends your completion verification directly to the court.
Can I file in Perry County without paying the full deposit?
Yes, if you cannot afford it. File an indigency (poverty) affidavit with your case; the General Division deposit is then reduced to $25, and the Juvenile Court waives its deposit on a poverty affidavit. Confirm the current procedure with the Clerk at (740) 342-1022 (General Division) or (740) 342-1118 (Juvenile).

Free Local Resources in Perry County

  • Perry County Clerk of Courts (General Division / Domestic Relations). Clerk Wes Harlan, 105 N. Main Street / P.O. Box 67, New Lexington, OH 43764; (740) 342-1022, fax (740) 342-5527. Files all divorce, dissolution, legal separation, and annulment cases. Forms at https://pccommonpleas.com/forms.php; e-file through the Henschen portal at https://efile.henschen.com/. The General Division (Judge Tina M. Boyer) hears all domestic-relations matters — there is no separate Domestic Relations court. The Clerk cannot give legal advice or fill out forms. Confirm current deposits before filing.
  • “Successful Co-Parenting” parenting class (OSU Extension, Perry County). 104 S. Columbus Street, Somerset, OH 43783; (740) 743-1602 (https://perry.osu.edu/). Required under Local Rule 17(4) for any divorce or dissolution with children under 18. Fee $25 cash, pre-register at least one week ahead. Attend after the answer date in a divorce, or before the final hearing in a dissolution. OSU Extension sends proof of completion directly to the court. Confirm the current schedule and fee when registering.
  • Perry County Probate & Juvenile Court. Judge Luann Cooperrider, 105 N. Main Street / P.O. Box 167, New Lexington, OH 43764 (https://perrycountyohio.gov/law-courts/perry-county-ohio-probate-and-juvenile-court/). Juvenile (740) 342-1118; Paternity/Custody Division (740) 342-5520; Probate (740) 342-1493. Hears unmarried-parent paternity, custody, parenting time, and non-parent custody (Juvenile) and adoptions (Probate), using the Supreme Court of Ohio standardized forms.
  • Perry County Child Support Enforcement Agency (CSEA). (740) 342-2278. Perry County's IV-D agency opens child-support cases, runs automatic wage withholding, distributes payments, and enforces orders through license suspension, tax intercept, and contempt referrals. File a IV-D Application whenever support is established or modified.
  • Perry County Job & Family Services / Children Services. (740) 342-3551. Investigates abuse, neglect, and dependency referrals and can file complaints in Juvenile Court. Statewide child-abuse hotline: 1-855-O-H-CHILD (1-855-642-4453).

Other Family-Law Topics in Perry County

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.

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Call (844) 694-2885 or email support@gavvl.com.