Filing for Legal Separation in Stark County

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

Use the Stark County Family Court's assembled Legal Separation packet (with or without children) and file it with the Clerk's Domestic Relations Division at 110 Central Plaza South, Suite 690, Canton, OH 44702. The deposit is $359. You must include signed, sworn, current financial statements, plus a UCCJEA affidavit and Child Support Worksheet if you have minor children (Rule 12.02). You must meet the 6-month Ohio and 90-day Stark County residency requirements, and a case with children requires the parent-education program. A legal separation does not end the marriage.

Where to File: Stark County Family Court (Domestic Relations & Juvenile Divisions)

Legal Separation is the right path if…

• You want court-ordered support, property division, and parenting but aren't ready to divorce.
• You have religious, insurance, or financial reasons to stay legally married.
• You meet the 6-month Ohio and 90-day Stark County residency requirements.
• You and your spouse may or may not agree — separation can be contested or agreed.

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

Filing Fees

$359 deposit · You remain legally married

Forms & Filing Packets

How to File Legal Separation in Stark County

1. Confirm residency. You or your spouse must meet the 6-month Ohio and 90-day Stark County residency requirements.
2. Complete the legal-separation packet. Use the Stark Legal Separation with/without Children packet and the required sworn financial statements.
3. File with the Clerk's DR Division and pay the deposit. File at 110 Central Plaza South, Suite 690, Canton. The deposit is $359.
4. Complete the parenting class if you have children. The court-approved parent-education program is required when minor children are involved.

Stark County Practice Notes

• Legal separation keeps the marriage intact. A legal separation resolves property, support, and parenting but does not end the marriage. You cannot remarry. If you later decide to end the marriage, you file a separate divorce or dissolution; a case amended into a dissolution requires the dissolution deposit (Rule 10.03).
• Same financial and parenting requirements as divorce. Under Rules 12.02 and 12.04, a legal-separation filing requires sworn financial statements (and a UCCJEA affidavit + worksheet with children), and parents of minor children must complete the court-approved parent-education program.
• Best-interest standard governs. R.C. 3109.04(F)(1) lists 10+ factors: each parent's wishes, the child's wishes (when of sufficient age), the child's interaction with parents/siblings, adjustment to home/school/community, mental and physical health of all involved, the parent more likely to facilitate court-approved parenting time, child support compliance, criminal history, residence outside Ohio, and any history of abuse.

Frequently Asked Questions

What are the residency requirements to file in Stark County?

For divorce, legal separation, or annulment, you or your spouse must have been an Ohio resident for at least 6 months before filing and a Stark County resident for at least 90 days. For dissolution, only the 6-month Ohio residency applies. For Juvenile Division cases (paternity, never-married custody, child support), UCCJEA compliance is mandatory — Ohio must be the children's home state, generally meaning they've lived here for the last 6 months (Family Court Rule 16.01). The Stark County Family Court is at 110 Central Plaza South, Suite 670, Canton.

How much does it cost to file in Stark County?

Stark County Family Court deposits (effective March 17, 2025): Complaint for Divorce or Annulment $391 (add $50 for every 5 defendants beyond the first 4); Dissolution $371; Legal Separation $359; a counterclaim or cross-claim $251; reopening a closed case $273; a Custody Register Petition $313; a garnishment $50; and a new Juvenile complaint $307. A Domestic Violence Civil Protection Order takes no deposit. These are minimum deposits — total case costs vary. Pay the Stark County Clerk of Courts (checks payable to 'Stark County Clerk of Courts'); for a total-cost quote call (330) 451-7801.

Is a parenting class required in Stark County?

Yes. Under Rule 12.04, parents filing a divorce, dissolution, legal separation, or custody action involving minor children must complete a court-approved parent-education program. Separately, under Rule 16.06, unmarried parents filing an initial parental-rights action must complete the online 'Working Together for Kids' seminar — and the moving party must finish it before the initial hearing or the matter is dismissed. The initial filing must include the order to complete the seminar, the registration/instruction sheet, and the mediation flyer.

How long does a Stark County case usually take?

Dissolution: the hearing is set about 6 weeks after filing and must occur 30-90 days after filing (Rule 13.02). Uncontested (default) divorce: if no answer, motion, or leave to plead is filed within 28 days after service, the case is uncontested, but no divorce, annulment, or legal separation is heard until 42 days after service (Rule 13.01). Contested divorce: trial roughly 4-12 months without children or 4-18 months with children. A temporary-orders hearing can be set within 1-21 days.

Free Local Resources in Stark County

• Stark County Family Court Help Desk. Free help for self-represented parties completing and reviewing divorce and custody forms, plus questions on court procedure and notary services. Mondays 10:00 a.m. – 1:00 p.m., first come first served; check in with the reception bailiff in the lobby, (330) 451-7415. Help Desk attorneys do not represent you or give legal advice.
• Stark County Family Court — Court Filing Forms & Brochures. The court's assembled filing packets for divorce, dissolution, legal separation, annulment, custody, support, contempt, and protection orders, hosted in the county Document Center at starkcountyohio.gov. The court notes the forms are a resource only and not a substitute for legal advice.
• Stark County Law Library. Public legal-research help at 110 Central Plaza South, Suite 401, Canton, (330) 451-7380, Monday–Friday 8:30 a.m. – 4:30 p.m.
• Domestic Violence Project, Inc. (DVPI). Shelter, advocacy, and support for those experiencing domestic violence in Stark County. Learn more at dvpi.org.

Other Family-Law Topics in Stark County

• Stark County Divorce — Full filing guide for contested divorce in the Stark County Family Court.
• Stark County Dissolution — Both-parties-agree route — faster and lower-conflict than a divorce.
• Stark County Custody — Married parents file inside divorce; never-married parents file a Juvenile complaint.

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.

Keep exploring

• Ohio Legal Separation guide — Statewide overview of legal separation in Ohio.
• Akron family law — Local attorneys and courts serving the Akron 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.