Legal Separation in Preble County

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

Preble County, Ohio · Eaton

A legal separation (R.C. 3105.17) lets a court divide property and set support and parenting terms while you stay legally married. People choose it for religious reasons, to keep insurance or other benefits, or when they don't yet meet the six-month residency for divorce. It is filed in the Preble County Court of Common Pleas General Division and looks much like a divorce, but it does not end the marriage.

How does legal separation work in Preble County, Ohio?

File a Complaint for Legal Separation in the Preble County Court of Common Pleas General Division, 101 East Main Street, 3rd Floor, Eaton, (937) 456-8160, with the same Ohio uniform affidavits used in a divorce. A legal separation divides property and sets spousal support, custody, parenting time, and child support while you remain legally married (R.C. 3105.17). If you have minor children under 16, both parents must complete the Seminar for Separating Parents. A separate divorce or dissolution is still needed later if you want to remarry. The deposit follows the Domestic Relations schedule; confirm it with the Clerk.

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: Preble County Court of Common Pleas — General Division (Domestic Relations)

101 East Main Street, 3rd Floor, Eaton, OH 45320
Phone: (937) 456-8160
Hours: Monday–Friday, 8:00 a.m.–4:00 p.m.
Website: preblecountyohio.net
e-Filing: https://pa.preblecountyohio.net/eservices/

Juvenile Branch (Never-Married Parents)

Preble County Juvenile & Probate Court
101 East Main Street, 2nd Floor, Eaton, OH 45320
Phone: (937) 456-8136
Hours: Monday–Friday, 8:00 a.m.–4:00 p.m. (closed national holidays)

Legal Separation is the right path if…

You want court-ordered property division and support but not to end the marriage.
You have religious, insurance, or benefit reasons to stay legally married.
You don't yet meet the six-month residency required for a divorce.
You need orders for custody, parenting time, and child support now.
You understand a divorce or dissolution is still needed later to remarry.

If you want to fully end the marriage, a divorce or dissolution is the right path. Compare divorce.

Filing Fees

Filed in the Common Pleas General Division on the Domestic Relations deposit schedule ($400 without minor children / $500 with) · $25/person Seminar for Separating Parents when children are under 16 · poverty affidavit (fee waiver) available · does not end the marriage (R.C. 3105.17) · confirm amounts with the Clerk at (937) 456-8160

Forms & Filing Packets

Legal separation with no minor children — Domestic Relations deposit — confirm with the Clerk at (937) 456-8160

File the Complaint for Legal Separation with Affidavit 1 (income) and Affidavit 2 (property). Pay the Domestic Relations deposit; confirm the amount with the Clerk.

Affidavit of Income & Expenses (Ohio SC Affidavit 1) — Income, expenses, and basic financial information. Each party files their own. Must be notarized.
Affidavit of Property (Ohio SC Affidavit 2) — Lists every asset and debt. Required at filing.

Legal separation with minor children — Domestic Relations deposit — confirm with the Clerk at (937) 456-8160

Add Affidavit 3 (parenting proceeding / UCCJEA), Affidavit 4 (health insurance), the child-support worksheet, and a parenting plan. Parents of children under 16 complete the Seminar for Separating Parents.

Affidavit of Income & Expenses (Ohio SC Affidavit 1) — Income, expenses, and basic financial information. Each party files their own. Must be notarized.
Affidavit of Property (Ohio SC Affidavit 2) — Lists every asset and debt. Required at filing.
Parenting Proceeding / UCCJEA Affidavit (Ohio SC Affidavit 3) — 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 (Ohio SC Affidavit 4) — Discloses whether health insurance is available for the children through either parent's employer, 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.
Parenting Plan (Ohio SC Form 21) — Used when one parent will be designated residential parent and legal custodian.
Preble County Model Parenting Time Schedule (effective Nov. 1, 2019) — The Domestic Relations Court's detailed, age-banded guideline parenting-time schedule. Posted under download forms at preblecountyohio.net; it guides companionship time when parents do not file their own agreed plan.

How to File Legal Separation in Preble County

Confirm legal separation fits. Decide whether you want orders while staying married (legal separation) rather than ending the marriage (divorce or dissolution).
Complete the forms. Prepare the Complaint for Legal Separation, Affidavit 1 (income), and Affidavit 2 (property); with children add Affidavit 3, Affidavit 4, the support worksheet, and a parenting plan.
File and serve. File with the deposit (or a poverty affidavit) and serve your spouse, who may answer or counterclaim for divorce.
Complete the seminar and finalize. If you have minor children under 16, complete the Seminar for Separating Parents; the court enters orders dividing property and setting support and parenting terms.

Preble County Practice Notes

Two separate courts: Common Pleas (Domestic Relations) and Juvenile. Preble County runs two separate family-law courts in the Preble County Courthouse, 101 East Main Street, Eaton. The Court of Common Pleas, General Division (Domestic Relations) on the 3rd floor (Hon. Stephen R. Bruns, Magistrate Erica J. Gordon, Clerk of Courts Shonda Haynes, (937) 456-8160) handles divorce, dissolution, legal separation, and annulment — plus the custody, parenting time, and support that travel with them for married or divorcing parents. The separate Juvenile & Probate Court on the 2nd floor (Hon. Jenifer K. Overmyer, Magistrate K. Brent Copeland, Juvenile (937) 456-8136) handles paternity, custody, parenting time, and support for never-married parents, and non-parent custody.
Seminar for Separating Parents (Local Rule DR 26). All parents in a divorce, legal separation, or dissolution in which there are any minor children under sixteen (16) must attend the Court-sponsored educational Seminar for Separating Parents, within 60 days after filing or service. Each parent registers at least one week ahead. The $25.00-per-person seminar fee is paid from the deposit for court costs filed with the initial complaint. No action proceeds to a final hearing until the parents have complied (a parent who never appears does not delay the hearing by not attending). The requirement may be waived by the Court for good cause, and the Court may also order it with post-decree custody or parenting-time motions. Confirm the current schedule and proof-of-completion procedure with the Clerk at (937) 456-8160.
Filing deposits and fee waivers (poverty affidavit). Court filing fees are deposits; the final cost can be higher or lower, and the Clerk may require additional deposits as a case proceeds. The current Domestic Relations deposit is $400 without minor children and $500 with minor children, and a counterclaim is $500 (confirm the exact amount at the time of filing). A party who cannot afford the deposit may file a poverty affidavit (affidavit of indigence) in place of the filing fee — ask the Clerk for the current form and procedure. There is no filing fee for a domestic-violence Civil Protection Order petitioner.

Frequently Asked Questions

Does a legal separation end my marriage in Preble County?: No. A legal separation (R.C. 3105.17) divides property and sets support and parenting terms while you stay legally married. People choose it for religious reasons, to keep insurance or other benefits, or when they don't yet meet the six-month residency for divorce. A separate divorce or dissolution is still needed later if you want to remarry. It is filed in the Court of Common Pleas General Division, and parents of minor children under 16 must complete the Seminar for Separating Parents before the final hearing.
What are the residency requirements to file for divorce in Preble County?: For divorce, legal separation, or annulment, you or your spouse must have been an Ohio resident for at least six months before filing (R.C. 3105.03), with proper Preble County venue under Civ.R. 3. For dissolution, only the six-month Ohio residency applies. There is no separate county-residency rule. For Juvenile Court cases (parentage, never-married custody, support), Ohio must be the child's 'home state' under the UCCJEA (R.C. 3127) — generally the child has lived in Ohio for the last six consecutive months. Confirm any specific venue question with the Clerk at (937) 456-8160.
Is a parenting class required in Preble County?: Yes, when minor children under sixteen (16) are involved. Under Local Rule DR 26, all parents in a divorce, legal separation, or dissolution with minor children under 16 must attend the Court-sponsored Seminar for Separating Parents within 60 days after filing or service. Each parent registers at least one week ahead, and the $25.00-per-person fee is paid from the cost deposit. No case proceeds to a final hearing until the parents comply, though the Court may waive it for good cause. Confirm the current schedule and proof-of-completion procedure with the Clerk at (937) 456-8160.
How much does it cost to file for divorce or dissolution in Preble County?: Per the Clerk's current pro se filing information, the Domestic Relations deposit is $400.00 without minor children and $500.00 with minor children; a counterclaim is $500.00. A separate $25.00-per-person Seminar for Separating Parents fee is paid from the cost deposit when there are minor children under 16. Other deposit items under Local Rule DR 34 include re-opening a case $220.00, a QDRO filing $65.00, a subpoena $20.00, a garnishment $115.00, and a Court of Appeals filing $225.00. These are deposits and the final cost can differ — confirm the exact amount at the time of filing with the Clerk at (937) 456-8160. If you cannot afford the deposit, file a poverty affidavit.
Does Preble County have a separate divorce (Domestic Relations) court?: Divorce, dissolution, legal separation, and annulment are heard in the Preble County Court of Common Pleas, General Division (the Domestic Relations docket), before Judge Stephen R. Bruns with Magistrate Erica J. Gordon, on the 3rd floor of the Preble County Courthouse, 101 East Main Street, Eaton, OH 45320. File with the Clerk of Courts (Shonda Haynes) at (937) 456-8160. Custody and support for never-married parents are handled by the separate Juvenile & Probate Court on the 2nd floor at (937) 456-8136.

Free Local Resources in Preble County

Preble County Court of Common Pleas (Domestic Relations). Local forms, the Model Parenting Time Schedule, the Standard Parenting Time Order, and filing information for divorce, dissolution, legal separation, annulment, custody, support, and protection orders at https://preblecountyohio.net. E-filing is required (pro se filers may file on paper); the Clerk of Courts (Shonda Haynes, (937) 456-8160) handles intake at 101 East Main Street, 3rd Floor, Eaton. Court staff cannot give legal advice or complete forms.
Preble County Juvenile & Probate Court. Handles never-married-parent parentage, custody, parenting time, and child support, plus non-parent custody, at 101 East Main Street, 2nd Floor, Eaton (Hon. Jenifer K. Overmyer; Magistrate K. Brent Copeland). Juvenile Court (937) 456-8136; Probate Court (937) 456-8137. Website https://prebleohiojuvenileprobate.org. Confirm current deposits and genetic-testing costs with the court.
Preble County Child Support Enforcement Agency (CSEA). Opens IV-D cases, establishes paternity administratively, runs the Ohio Income Shares calculation, collects support by wage withholding, and enforces orders. Located at 1500 Park Avenue, Eaton, OH 45320; phone (937) 456-1499. Support payments run through the Ohio Child Support Payment Central.
Ohio Child Support Calculator. Run the official Ohio 2024 Income Shares child-support worksheet at https://ohiochildsupportcalculator.ohio.gov/ before any case that sets or changes support.
Child abuse / neglect hotline. Report suspected child abuse or neglect to Preble County Job & Family Services — Children Services at 1500 Park Avenue, Eaton: 24-hour hotline (937) 456-1135, Option 1. Statewide hotline 1-855-642-4453 (1-855-O-H-CHILD), 24/7. In an emergency, call 911.

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.
Dayton family law — Local attorneys and courts serving the Dayton 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.