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
| 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: Perry County Court of Common Pleas, General Division
105 N. Main Street, New Lexington, OH 43764Phone: (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.
- Affidavit of Basic Information, Income & Expenses (Perry Form 1.0) — Income, expenses, and basic financial information. Each party files their own. Support income claims with the prior-year W-2 and the last six months of paystubs (Local Rule 18).
- Affidavit of Property & Debt (Perry Form 2.0) — Lists every asset and debt. Required at filing.
- Request for Service (Perry Form 31.0) — Tells the Clerk how to serve your spouse (certified mail, personal service, etc.).
- General Division Forms Page (Perry County Common Pleas) — The General Division's central forms page. The General Division of the Perry County Court of Common Pleas hears all divorce, dissolution, legal separation, and annulment cases — there is no separate Domestic Relations court.
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.
- Affidavit of Basic Information, Income & Expenses (Perry Form 1.0) — Income, expenses, and basic financial information. Each party files their own. Support income claims with the prior-year W-2 and the last six months of paystubs (Local Rule 18).
- Affidavit of Property & Debt (Perry Form 2.0) — Lists every asset and debt. Required at filing.
- Parenting Proceeding Affidavit (Perry Form 3.0) — Required in any case with minor children. Lists where each child has lived for the last 5 years, confirming Ohio's UCCJEA jurisdiction.
- Health Insurance Affidavit (Perry General Division) — Discloses whether health insurance is available for the children through either parent's employer, so the court can order medical support.
- Parenting Plan (Perry Form 21.0) — Used where one parent will be designated the sole residential parent and legal custodian.
- 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 Perry County
- Confirm residency. Meet Ohio's residency requirement before filing for legal separation in the General Division.
- 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.
- 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.
- Complete the co-parenting class (if children). Both parents complete OSU Extension's "Successful Co-Parenting" class where minor children are involved.
- 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
- Perry County Divorce — Full filing guide with forms, the $285 deposit, and the parenting class.
- Perry County Custody — Where to file when parents are married vs. never married.
- Ohio Child Support Calculator — Run the 2024 Income Shares worksheet yourself.
- Ohio family-law resources — 88-county directory of courts and legal aid.
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.
- 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.
Call (844) 694-2885 or email support@gavvl.com.