Legal Separation in Tuscarawas County

Reviewed by Stephanie Green · Managing Partner & Co-Founder · Last updated June 15, 2026

Tuscarawas County, Ohio · New Philadelphia

A legal separation lets a married couple obtain court orders on custody, parenting time, support, and property without ending the marriage. Tuscarawas County's General Division publishes a Legal Separation information sheet noting that it may be used to request child custody and support without filing a divorce or dissolution. A spouse may later seek a divorce or dissolution separately.

How does legal separation work in Tuscarawas County, Ohio?

File a legal separation complaint in the General Division of the Court of Common Pleas in New Philadelphia. The court can decide custody, parenting time, support, and property without ending the marriage; with minor children, the same parenting, UCCJEA, and health-care forms used in a divorce apply, along with the Case Designation Form and Disclosure of Personal Identifier. Legal separation is a domestic relations complaint, so the standard DR deposits apply — $365 with children or $270 without (effective 11/01/2025). The General Division's Legal Separation information sheet explains the option, and a spouse may later seek a divorce or dissolution separately.

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: Tuscarawas County Court of Common Pleas, General Division

125 E High Ave, New Philadelphia, OH 44663
Phone: (330) 364-8811
Hours: Monday–Friday (call the Clerk at (330) 365-3243 to confirm current hours)
Website: www.co.tuscarawas.oh.us/government/court_of_common_pleas_court_general_division/index.php
e-Filing: https://eservices.tuscarawasohcourts.com/

Juvenile Branch (Never-Married Parents)

Tuscarawas County Court of Common Pleas, Juvenile Division
125 E High Ave, New Philadelphia, OH 44663
Phone: (330) 365-3244
Hours: Monday–Friday (call the court to confirm current hours)

Legal Separation is the right path if…

You want court orders on custody, support, or property but not to end the marriage.
You have religious, insurance, or personal reasons to stay legally married.
You need a structured separation while deciding whether to divorce.
You can address parenting and support if you have minor children.
You understand you may later file for divorce or dissolution separately.

Filing Fees

$365 deposit with minor children · $270 without (eff. 11/01/2025) · Filed in the General Division · Same parenting/UCCJEA/health-care forms as divorce when children are involved · Confirm current amounts with the Clerk at (330) 365-3243.

Forms & Filing Packets

Legal separation without minor children — $270 Clerk deposit (eff. 11/01/2025)

File the legal separation complaint with the required local cover forms.

Legal Separation Information Sheet (Tuscarawas General Division) — The court's information sheet explaining how a legal separation can request child custody and support without filing a divorce or dissolution.
Domestic Relations Case Designation Form (Tuscarawas) — Required local cover form filed with every new or reopened Domestic Relations case in the General Division.
Disclosure of Personal Identifier (Tuscarawas) — Filed with any case that contains personal identifiers (Social Security numbers, account numbers, etc.).

Legal separation with minor children — $365 Clerk deposit (eff. 11/01/2025)

Adds the parenting and support forms used in a divorce.

Legal Separation Information Sheet (Tuscarawas General Division) — The court's information sheet explaining how a legal separation can request child custody and support without filing a divorce or dissolution.
Domestic Relations Case Designation Form (Tuscarawas) — Required local cover form filed with every new or reopened Domestic Relations case in the General Division.
Disclosure of Personal Identifier (Tuscarawas) — Filed with any case that contains personal identifiers (Social Security numbers, account numbers, etc.).
UCCJEA Declaration (Tuscarawas General Division) — Lists where each child has lived so the court can confirm Ohio's jurisdiction over custody under the UCCJEA (R.C. 3127). Required in any case with minor children.
Standard Parenting Order & Rules Governing Companionship Time (parents ≤150 miles apart) — The General Division's default parenting-time schedule, applied when the parents live 150 miles or fewer apart unless they agree otherwise.
Health Care Determinations Form (Tuscarawas) — Required in cases with minor children to set how the children's health-care costs are handled.
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.

Can't afford the deposit

File this if you cannot advance the Clerk's deposit.

Petition for Waiver of Filing Fee / Court Cost Deposit + Affidavit in Support — Low-income filers can file this notarized petition instead of advancing the deposit; the court rules on it after a non-oral review.

How to File Legal Separation in Tuscarawas County

Review the information sheet. Read the General Division's Legal Separation information sheet to confirm legal separation fits your goals.
Build the packet. Prepare the legal separation complaint with the Case Designation Form and Disclosure of Personal Identifier; with children, add the UCCJEA Declaration, a parenting order, Health Care Determinations, and a support worksheet.
File and pay. File with the General Division Clerk in New Philadelphia and pay the $365 (with children) or $270 (without) deposit, or request a fee waiver.
Resolve the issues. The court enters orders on custody, support, and property; you may later seek a divorce or dissolution if you choose.

Tuscarawas County Practice Notes

Marriage stays intact. A legal separation produces court orders on custody, parenting time, support, and property without ending the marriage. The General Division's Legal Separation information sheet confirms it may be used to request child custody and support without filing a divorce or dissolution.
Same DR forms and deposits. Legal separation is a domestic relations complaint filed in the General Division, so the standard DR deposits apply ($365 with children / $270 without), and with children the same parenting, UCCJEA, and health-care forms used in a divorce apply.
You can convert later. A spouse may later seek a divorce or dissolution separately; legal separation does not bar a future divorce.

Frequently Asked Questions

What is a legal separation in Tuscarawas County?: A legal separation lets a married couple obtain court orders on custody, parenting time, support, and property without ending the marriage. It is filed in the General Division, and the county's Legal Separation information sheet notes it may be used to request child custody and support without filing a divorce or dissolution. The standard DR deposits apply ($365 with children / $270 without).
How much does it cost to file for divorce in Tuscarawas County?: As of 11/01/2025, the deposit is $365 with minor children or $270 without. A counterclaim is $100. Low-income filers can file the Petition for Waiver of Filing Fee with the supporting affidavit. Confirm current amounts with the Clerk at (330) 365-3243.
How can I file court documents in Tuscarawas County?: The General Division Clerk accepts filings in person, by mail (Suite 230, PO Box 628, New Philadelphia, OH 44663), by email (clerkfiling@co.tuscarawas.oh.us, $0.25/page for service copies), through the e-filing portal (eservices.tuscarawasohcourts.com), or by fax (330-343-4682). Clerks cannot give legal advice.
What's the difference between divorce and dissolution in Tuscarawas County?: A dissolution is an agreed, no-fault end of marriage: both spouses sign a complete Separation Agreement first, then appear at one hearing 30–90 days later. A divorce is used when you don't fully agree or your spouse won't cooperate, and the court decides disputed issues. Both are filed in the General Division, and the deposit is $365 with children or $270 without.

Free Local Resources in Tuscarawas County

Tuscarawas County Clerk of Courts (General Division). Clerk Wendy D. Jones, Suite 230, PO Box 628, New Philadelphia, OH 44663. Accepts filings in person, by mail, by email (clerkfiling@co.tuscarawas.oh.us, $0.25/page service copies), by e-file (eservices.tuscarawasohcourts.com), or by fax (330-343-4682). Call (330) 365-3243 to confirm deposits and packet requirements before filing.
Tuscarawas County Court of Common Pleas, General Division. Hears divorce, dissolution, legal separation, annulment, and adult DVCPO/CSPO cases at 125 E High Ave, New Philadelphia; (330) 364-8811. DR forms are county-local packets provided via the County Bar Association and SEOLS. How-to videos at youtube.com/@TuscarawasCountyCourts.
Tuscarawas County Juvenile Division. Judge Adam W. Wilgus. Handles parentage, custody, parenting time, and support for never-married parents, plus grandparent visitation and non-parent custody. Local Rule 6.2 requires the Affidavit of Basic Information and a Confidential Information Page with initial filings.
Tuscarawas County Child Support Enforcement Agency (CSEA). Administered by the Prosecutor's Office (Director Traci A. Berry). Opens IV-D support cases, runs wage withholding, distributes payments, and enforces orders. CSEA line: 800-685-2732.
Protection orders — SEOLS & Prosecutor's Office. Standardized DVCPO/CSPO petition forms and self-help guidance are available through Southeastern Ohio Legal Services / Ohio Legal Help. For local help, contact the Tuscarawas County Prosecutor's Office at (330) 365-3214. There is no filing fee; call 911 in an emergency.

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.
Akron family law — Local attorneys and courts serving the Akron metro.
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