Legal Separation in Summit County

Summit County, Ohio · Akron

A legal separation divides property and debt, sets spousal and child support, and allocates custody — without ending the marriage. Couples choose it for religious reasons, to keep health insurance, or when they don't yet meet residency for a divorce. In Summit County you file at the Domestic Relations Court, 205 South High Street, Akron, using the same financial affidavits as a divorce.

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

File a Complaint for Legal Separation at the Summit DR Court, 205 South High Street, Akron, with the Affidavit of Income and Expenses (Affidavit 1), the Affidavit of Property and Debt (Affidavit 2), and the New Case Designation (Local Form 130) — plus, with children, the Parenting Proceeding Affidavit (Affidavit 3), Health Insurance Affidavit (Affidavit 4), and child-support worksheet. The deposit is $420 with children or $370 without, and filing issues the automatic mutual restraining order. The court enters a separation decree that divides finances and sets custody, but you remain married and cannot remarry. Either spouse can later file for divorce. Build your packet from the Summit forms library if you can't find a single complaint form.

Where to File: Summit County Court of Common Pleas, Domestic Relations Division

205 South High Street, Akron, OH 44308, Akron, OH 44308
Phone: (330) 643-2365
Hours: Monday–Friday, 8:00 a.m.–4:00 p.m.
Website: drcourt.org
e-Filing: https://drcourt.org/wp/forms/

Juvenile Branch (Never-Married Parents)

Summit County Juvenile Court
650 Dan Street, Akron, OH 44310, Akron, OH 44310
Phone: (330) 643-2900
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 custody but stay legally married.
You have religious, insurance, or residency reasons to avoid divorce now.
You and your spouse need enforceable financial and custody terms.
You understand either spouse can later convert to a divorce.

If you're ready to end the marriage, a divorce or dissolution is the right path. See divorce in Summit County.

Filing Fees

Summit County legal separation deposit: $420 with children · $370 without · Same financial affidavits and parenting requirements as a divorce · Mutual restraining order issues on filing · You remain married and may later convert to divorce

Forms & Filing Packets

Legal separation without minor children — $370 deposit

File the complaint with the income and property affidavits and the new case designation. The court enters a separation decree dividing finances; you remain married.

Summit DR Court Forms Library — The court's full forms page hosts every Summit-hosted complaint, affidavit, and local form. For case types without a single packet, build the filing from this library. Tip: Self-represented? Start with the court's "I Don't Have An Attorney" guide at drcourt.org/wp/notalawyer/.
Affidavit of Basic Information, Income, and Expenses (Summit Affidavit 1) — Sworn statement of your income and monthly expenses. Required with every divorce, legal separation, annulment, and any support filing.
Affidavit of Property and Debt (Summit Affidavit 2) — Lists marital and separate property and debts so the DR Court can divide them. Filed with the complaint in a divorce, legal separation, or annulment.
New Case Designation Form (Summit Local Form 130) — Required with every new case, answer, or counterclaim so the Clerk can route and assign the matter.
Service Request / Instructions to Clerk (Summit Form 31) — Tells the Clerk how to serve the other party (certified mail, personal service, or publication). File it at the time of filing the complaint.

Legal separation with minor children — $420 deposit

Adds the parenting and support paperwork so the decree sets custody, parenting time, and child support. Married parents complete "Remember the Children."

Summit DR Court Forms Library — The court's full forms page hosts every Summit-hosted complaint, affidavit, and local form. For case types without a single packet, build the filing from this library. Tip: Self-represented? Start with the court's "I Don't Have An Attorney" guide at drcourt.org/wp/notalawyer/.
Parenting Proceeding / UCCJEA Affidavit (Summit Affidavit 3) — Lists each child's address history for the last 5 years and any other custody cases, confirming Ohio's jurisdiction. Required whenever minor children are involved.
Health Insurance Affidavit (Summit Affidavit 4) — States what health coverage is available for the children and at what cost — used to set the medical-support part of a child-support order.
Ohio Child Support Computation Worksheet — Run the official Ohio 2024 Income Shares calculator, print, and sign. Required any time you ask a Summit court to set or change support.
Affidavit of Basic Information, Income, and Expenses (Summit Affidavit 1) — Sworn statement of your income and monthly expenses. Required with every divorce, legal separation, annulment, and any support filing.
Affidavit of Property and Debt (Summit Affidavit 2) — Lists marital and separate property and debts so the DR Court can divide them. Filed with the complaint in a divorce, legal separation, or annulment.

How to File Legal Separation in Summit County

Confirm legal separation is the right tool. Choose it when you want enforceable financial and custody terms but need to stay married for insurance, religious, or residency reasons.
Prepare the complaint and affidavits. Complete the legal-separation complaint (build from the Summit forms library), Affidavit 1, Affidavit 2, and the New Case Designation (Local Form 130).
Add the children's forms if applicable. With minor children, include the Parenting Proceeding Affidavit, Health Insurance Affidavit, and child-support worksheet, and start "Remember the Children."
File, pay, and serve. File at the Summit DR Court, 205 South High Street, Akron, pay $370 or $420, and serve your spouse. The mutual restraining order takes effect on service.
Attend the hearing. The court enters a separation decree dividing finances and setting custody. You remain married unless you later file for divorce.

Summit County Practice Notes

It doesn't end the marriage. After a legal separation you are still legally married and cannot remarry. The financial and custody terms work much like a divorce decree, but the marital status remains. Either spouse can later file for divorce.
Same residency and parenting rules apply. Ohio's six-month residency requirement applies, and any case with minor children requires both parents to complete "Remember the Children" before the final hearing — just like a divorce.
Build the packet from the Summit forms library. Summit hosts its forms on drcourt.org. If you can't locate a single legal-separation complaint, assemble the filing from the forms library and the financial affidavits, and consult the court's "I Don't Have An Attorney" guide.
Best-interest standard governs the children. Custody in a legal separation uses the same R.C. 3109.04(F)(1) best-interest factors as a divorce — wishes, relationships, adjustment, health, support for the other parent's time, and any abuse history.

Frequently Asked Questions

How is legal separation different from divorce in Summit County?: A legal separation divides property and debt, sets spousal and child support, and allocates custody — but it does not end the marriage, so neither spouse can remarry. People choose it for religious reasons, to keep health insurance, or when they don't yet meet residency for divorce. It is filed at the DR Court, 205 South High Street, with the same financial affidavits and (with children) the same parenting requirements as a divorce. Either spouse can later file for divorce.
Where do I file a divorce, dissolution, legal separation, or annulment in Summit County?: All of these are filed at the Summit County Court of Common Pleas, Domestic Relations Division, 205 South High Street, Akron, OH 44308. The Clerk of Courts handles filing — in person, or by e-filing 24/7 at clerkefile.summitoh.net. Summit hosts its own versions of the Ohio forms on drcourt.org, so use the Summit-hosted form rather than the generic Supreme Court PDF, and remember to flatten any fillable PDF before you file.
What are the residency requirements to file in Summit County?: Under R.C. 3105.03, at least one spouse must have lived in Ohio for at least six months before filing for divorce, legal separation, or annulment. You then file in the county where you or your spouse resides — Summit County, for Akron-area families. A dissolution has the same six-month Ohio requirement. If you don't yet meet Ohio residency, a legal separation can sometimes be filed sooner and later converted.
Do I have to take a parenting class in Summit County?: Yes. Married parents of minor children who file for divorce or dissolution must complete the court's "Remember the Children" program (Local Rule 32). It is delivered online through the court's Learning Management System at lms1.drcourt.org and can be done in increments. For a dissolution, the court will not set a final hearing until both parents complete it. Family Court Services at (330) 643-2355 can help with access.
What are the Summit County Domestic Relations filing fees?: Summit's Clerk fee schedule: divorce $420 with children / $370 without; dissolution $400 with children / $370 without; legal separation and annulment $420 with children / $370 without; a private parenting (unmarried) complaint or a complaint for legal custody $420; all post-decree motions and contempt actions $240; and a counterclaim $50. CPO petitions and CSEA filings are exempt from the deposit. If you can't afford the deposit, file Local Form 124 to proceed in forma pauperis.

Free Local Resources in Summit County

Summit Free Legal Clinic at Open M. Court-hosted community clinic in Akron offering free legal advice for self-represented parties.
Summit County DR Court. drcourt.org — CPO forms, Local Rules, judge bios, and the parenting-class LMS. Clerk's Office (1st floor) opens at 7:30 a.m.
Summit County Juvenile Court. juvenilecourt.summitoh.net · (330) 643-2900. Custody, visitation, support, and Grandparent Power of Attorney forms at 650 Dan Street.
Summit County CSEA (Child Support Enforcement Agency). Opens IV-D cases and collects/distributes child support through wage withholding once a support order is in place.
Victim Assistance Program of Summit County. Free advocates who help domestic-violence survivors complete CPO petitions and prepare for hearings.

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.
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