Summit County Legal Separation Attorneys
Reviewed by Stephanie Green · Managing Partner & Co-Founder · Last updated May 26, 2026
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.
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Flat-fee and full-representation options: we handle the filings, the Summit County local forms, the court strategy, and the hearings — and you know the price before we start.
Start with a $25 consultation and talk through your options with an Ohio family-law attorney before you commit to anything. Get started online or see payment plans & financing.
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.
Put a flat-fee attorney on your Summit County legal separation
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. Families in Summit County choose it for religious reasons, to keep health insurance, or when they do not yet meet Ohio's residency for divorce, and it is filed at the Domestic Relations Court, 205 South High Street in Akron, with the same financial affidavits as a divorce. Gavvl Law prepares the filing and can convert it to a divorce later, with a flat fee approved up front and payment plans available.
- The same financial affidavits as a divorce, done right. A Summit legal separation needs the Affidavit of Income and Expenses (Affidavit 1) and the Affidavit of Property and Debt (Affidavit 2), and with children the parenting affidavits and a support worksheet. We build that full financial record so the court can actually divide property and set support.
- Filed sooner when residency isn't met yet. Because a legal separation can sometimes be filed before you meet Ohio's six-month residency for divorce, it is a way to get orders in place now and convert later. We time the filing to your situation and preserve the option to move to divorce when you qualify.
- The automatic restraining order working for you. Filing a legal separation in Summit triggers a Mutual Restraining Order under Local Rule 2.04 that freezes asset transfers, new debt, and moving a child out of the area. We make sure that protection takes effect on service while we quote one flat fee up front with payment plans.
Legal separation carries the same Clerk deposit as a divorce at the Domestic Relations Court, 205 South High Street in Akron — $370 without children or $420 with them — and the in-forma-pauperis affidavit (Local Form 124) is available if you cannot advance it. We file on Summit's own forms so a separation can later convert to a divorce without starting over.
Flat-fee options
Flat-fee limited scope: we draft and file your legal separation complaint so you can divide finances while staying legally married. You appear at any hearings yourself.
- Legal separation (no children): $1,750
- Legal separation with children: $2,300
Prefer full representation? An Ohio attorney can carry the entire case on a $3,500 retainer.
Split any flat fee with Gavvl Direct — our in-house plan at 19% APR, $500 minimum — on a 60%-down schedule of 18 weekly, 8 bi-weekly, or 4 monthly payments, or full financing where work begins once 60% is paid. Affirm, Klarna, and PayPal Pay Later are also available through LawPay.
Start your legal separation case or see payment plans & financing.
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: Summit County Court of Common Pleas, Domestic Relations Division
205 South High Street, Akron, OH 44308Phone: (330) 643-2365
Hours: Monday–Friday, 8:00 a.m.–4:00 p.m.
Website: Court website
e-Filing: Online e-filing portal
Juvenile Branch (Never-Married Parents)
Summit County Juvenile Court
650 Dan Street, 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.
Other Family-Law Topics in Summit County
- Summit County Divorce — Full filing guide with forms, fees, and the court's parenting class.
- Ohio Grandparents' Rights — Statewide overview of custody and companionship options for grandparents.
- 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 Summit County family law
- Ohio Legal Separation guide — Statewide overview of legal separation in Ohio.
- Akron family law — Local attorneys and courts serving the Akron metro.
- Summit County family law guide — Court info, local filing notes, FAQs, and the downloadable Summit County guide.
- Meet Stephanie Green — Managing Partner & Co-Founder 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.