Legal Separation in Scioto County

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

Scioto County, Ohio · Portsmouth

Legal separation resolves the same issues as a divorce — property and debt division, spousal support, and parenting orders — but you remain legally married. People choose it for religious, insurance, or financial reasons, or as a step before deciding on divorce. Unlike divorce or dissolution, legal separation in Ohio has no 6-month residency requirement.

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

File a Complaint for Legal Separation under R.C. 3105.17 in the Scioto County Domestic Relations Division, 602 7th St, Room 303, Portsmouth, with the local Financial Disclosure Affidavit (DR Form 5). With minor children, add the UCCJEA affidavit, the child-support worksheet, a parenting plan, and a IV-D application, and complete Successful Co-Parenting. The deposit is $250. Unlike divorce or dissolution, legal separation has no 6-month Ohio residency requirement. Confirm the preferred pleading format 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: Scioto County Court of Common Pleas — Domestic Relations Division

602 7th St, Room 303, Portsmouth, OH 45662, Portsmouth, OH 45662
Phone: (740) 355-8316
Hours: Monday–Friday, 8:30 AM–4:30 PM (closed for lunch 12:00–1:00 PM)
Website: sciotocountydrcourt.com

Juvenile Branch (Never-Married Parents)

Scioto County Juvenile Court
602 7th St #201, Portsmouth, OH 45662, Portsmouth, OH 45662
Phone: (740) 355-8306
Hours: Monday–Friday, 8:30 AM–4:30 PM (closed for lunch 12:00–1:00 PM)

Legal Separation is the right path if…

You want to resolve property, support, and parenting issues but stay legally married.
You have religious, insurance, or financial reasons to remain married.
You don't meet the 6-month residency requirement for divorce yet.
Your spouse won't agree to a dissolution, or you're not ready to end the marriage.

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

Filing Fees

DR filing deposit $250 · Mediation Fund $40 at filing · no 6-month residency requirement (unlike divorce/dissolution) · confirm the pleading format and amounts with the Clerk's Legal Division.

Forms & Filing Packets

Legal separation without minor children — $250 DR deposit (plus $40 Mediation Fund)

File the complaint with the local financial affidavit. Confirm the preferred pleading format with the Clerk.

Divorce complaint packet (Scioto County DR Court) — Scioto County Domestic Relations Division distributes its complaint, answer, and decree packets through its court site. Confirm with the Clerk whether the DR Court supplies its own packet or accepts the Ohio Supreme Court uniform forms (Form 6 / Form 7) before you file.
Financial Disclosure Affidavit (Scioto County DR Form 5) — Scioto County's local financial-disclosure affidavit listing income, expenses, assets, and debts. Mandatory disclosure is due within 60 days under DR Rule 2.01. Obtain the current form from the DR Court and confirm requirements with the Clerk.
Affidavit of Property (Ohio SC Affidavit 2) — Lists every asset and debt. Required at filing.

Legal separation with minor children — $250 DR deposit (plus $40 Mediation Fund)

Add the UCCJEA affidavit, the support worksheet, a parenting plan, and a IV-D application; the parenting class applies.

Financial Disclosure Affidavit (Scioto County DR Form 5) — Scioto County's local financial-disclosure affidavit listing income, expenses, assets, and debts. Mandatory disclosure is due within 60 days under DR Rule 2.01. Obtain the current form from the DR Court and confirm requirements with the Clerk.
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.
IV-D Application for Child Support Services (Scioto County DR Form 4) — Opens a IV-D case with the Scioto County Child Support Enforcement Agency so it can calculate, collect, and enforce support. File whenever a support order is requested. Confirm the current form with the DR Court or CSEA.
Successful Co-Parenting Registration (Scioto County DR Form 11) — Registers you for the court-approved "Successful Co-Parenting" seminar (OSU Extension), required in any DR case with minor children. Complete the 3-hour online program within 60 days and file the certificate before the final hearing (DR Rule 6.02).

How to File Legal Separation in Scioto County

Decide separation vs. divorce. Legal separation keeps you married while resolving property, support, and parenting; choose divorce or dissolution if you want to end the marriage.
Prepare the complaint and affidavit. Use a Complaint for Legal Separation (R.C. 3105.17) with the local Financial Disclosure Affidavit (DR Form 5). With children, add the UCCJEA affidavit, the worksheet, a parenting plan, and a IV-D application.
Confirm the format and file. Confirm the preferred pleading format with the Clerk, then file in the Domestic Relations Division with the $250 deposit.
Complete the parenting class (if children). Both parents finish Successful Co-Parenting and file the certificate before the final hearing (DR Rule 6.02).
Resolve the issues. The court divides property and debt, sets support, and enters parenting orders — while the marriage legally continues.

Scioto County Practice Notes

No 6-month residency requirement. Unlike divorce and dissolution (which require 6 months of Ohio residency under R.C. 3105.03), legal separation under R.C. 3105.17 has no fixed residency requirement — making it an option for people who recently moved to Ohio. The same Financial Disclosure Affidavit used in a divorce applies.
DR filing deposit is $250 (post-decree $130). The Scioto County Domestic Relations Division deposit for a new divorce, dissolution, legal separation, or annulment is $250, paid to the Clerk at filing (schedule eff. 1/1/2024). A reopened case or post-decree motion is $130. The Mediation Fund adds $40 at filing ($50 on a modification) under DR Rule 8.13. A Poverty Affidavit (DR Form 12) waives the deposit if you can't afford it. Confirm current amounts with the Clerk's Legal Division.
"Successful Co-Parenting" is required with minor children. Each parent in a divorce, dissolution, legal separation, or custody case with minor children completes the "Successful Co-Parenting" seminar through OSU Extension — a 3-hour research-based program taken online at scponline.osu.edu — within 60 days of service of the complaint or filing of the petition, and files the certificate before the final hearing (DR Rule 6.02). The provider charges a minimal fee; confirm the current cost when you register.

Frequently Asked Questions

What is the difference between legal separation, annulment, and divorce in Scioto County?: A legal separation (R.C. 3105.17) resolves property, debt, support, and parenting issues but leaves you legally married — and, unlike divorce or dissolution, it has no 6-month Ohio residency requirement. An annulment (R.C. 3105.31) is a court declaration that the marriage was void or voidable on limited grounds such as bigamy, fraud, force, underage marriage, or incompetence. A divorce ends a valid marriage. All three are filed in the Scioto County Domestic Relations Division on the same $250 deposit; only the relief and grounds differ.
How much does it cost to file in the Scioto County Domestic Relations Division?: The deposit for a new divorce, dissolution, legal separation, or annulment is $250, paid to the Clerk of Courts at filing (Clerk fee schedule, rev. 1/1/2024). A reopened case or post-decree motion is $130. The Mediation Fund adds $40 at filing for divorce/dissolution/legal separation/paternity ($50 for a modification) under DR Rule 8.13, and a Guardian ad Litem deposit, when one is appointed, is $800 (DR Rules 1.06(E)/3.07(B)). A Poverty Affidavit (DR Form 12) or Affidavit of Indigency waives the deposit if you can't afford it. Confirm current amounts with the Clerk's Legal Division (https://sciotoclerk.com/legal-division/) or the DR Division at (740) 355-8316 before filing.
Is a parenting class required for custody cases in Scioto County?: Yes, for cases with minor children. The Domestic Relations Division requires both parents in a divorce, dissolution, or legal separation involving minor children to complete "Successful Co-Parenting," a 3-hour research-based seminar offered through Ohio State University Extension and taken online at https://scponline.osu.edu (registered via DR Form 11). It must be completed within 60 days after service of the divorce complaint or filing of the dissolution petition, and the Certificate of Attendance is furnished to the court at the final pretrial or dissolution hearing (DR Rule 6.02). The cost is minimal, paid to the provider. The Juvenile Local Rules do not establish a separate stand-alone parenting class — confirm with the Juvenile Court whether one is required in a custody case.
What are the residency requirements to file for custody in Scioto County?: For custody decided inside a divorce, dissolution, or annulment, Ohio law generally requires a spouse to have lived in Ohio for at least 6 months before filing (R.C. 3105.03), with county venue where the plaintiff has resided (commonly about 90 days, Civ.R. 3). A legal separation has no 6-month residency requirement. For never-married parents, Ohio must be the children's "home state" under the UCCJEA (R.C. 3127) — generally, the children have lived in Ohio for the last 6 consecutive months.

Free Local Resources in Scioto County

Scioto County Clerk of Courts — Legal Division. Provides the current Clerk fee schedule (rev. 1/1/2024), local forms, and filing instructions for divorce, dissolution, and custody cases. Visit https://sciotoclerk.com/legal-division/ before filing to confirm deposits and accepted payment methods.
Scioto County Domestic Relations Division. The standalone DR court (Judge Jerry L. Buckler; Magistrate Robert M. Johnson) at 602 7th St, Room 303, Portsmouth, (740) 355-8316 (fax (740) 355-8205). Hears divorce, dissolution, legal separation, annulment, parentage, custody, and support, and distributes the DR packets and local forms. Hours Monday–Friday 8:30 AM–4:30 PM (closed for lunch 12:00–1:00 PM). https://sciotocountydrcourt.com
Scioto County Child Support Enforcement Agency (CSEA). Scioto County's IV-D agency at 710 Court Street, Portsmouth, opens child-support cases, runs wage withholding, distributes payments, and enforces orders. Confirm the agency's current direct phone. File a IV-D Application when establishing or modifying support.
"Successful Co-Parenting" Parenting Class — OSU Extension. The court-approved 3-hour parenting-education seminar for parents with minor children, taken online at https://scponline.osu.edu (registered via DR Form 11). Complete it within 60 days and file the Certificate of Attendance before the final hearing (DR Rule 6.02).

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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