Legal Separation in Washington County

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

Washington County, Ohio · Marietta

Legal separation resolves the same issues as a divorce — property and debt division, spousal support, and parenting orders for minor children — but you remain legally married. People choose it for religious, insurance, or financial reasons, or as a step before deciding on divorce. In Washington County it's filed at the General Division of the Court of Common Pleas through the Clerk's Legal Division, with the same required affidavits as a divorce.

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

File a Complaint for Legal Separation under R.C. 3105.17 (a divorce-style complaint adapted to the relief sought) plus the local Affidavit of Income & Expenses and Affidavit of Property & Debt with the Washington County Clerk of Courts, Legal Division, 205 Putnam St., Marietta. With minor children, add the health-insurance affidavit, the UCCJEA affidavit, the support worksheet, a parenting plan, and a IV-D application, and complete the Successful Co-Parenting class. Washington County does not post a separate legal-separation packet, so confirm the pleading format and the deposit with the Clerk's Legal Division at (740) 373-6623 ext. 2503.

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: Washington County Court of Common Pleas

205 Putnam St, Marietta, OH 45750, Marietta, OH 45750
Phone: (740) 373-6623
Hours: Monday–Friday, 8:00 AM–4:00 PM
Website: washingtongov.org/269/Common-Pleas-Court---General-Division

Juvenile Branch (Never-Married Parents)

Washington County Juvenile Court
205 Putnam St, Marietta, OH 45750, Marietta, OH 45750
Phone: (740) 373-6623
Hours: Monday–Friday, 8:00 AM–4:00 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.
Your spouse won't agree to a dissolution, or you're not ready to end the marriage.
You or your spouse meet Ohio's residency requirement.

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

Filing Fees

Domestic Relations deposit ($350; some packets print $330 — confirm with the Clerk) · no separate legal-separation packet is posted (confirm the pleading format) · service by publication $750 · confirm amounts at (740) 373-6623 ext. 2503

Forms & Filing Packets

Legal separation packet (no minor children) — Domestic Relations deposit (confirm $350/$330 with the Clerk)

File on paper with the local financial affidavits and a Certificate of Service. Confirm the pleading format with the Clerk.

Affidavit of Income & Expenses (Washington County) — Washington County's local financial affidavit listing your income, expenses, and monthly budget. Required in divorce, dissolution, and legal-separation filings.
Affidavit of Property & Debt (Washington County) — Washington County's local affidavit listing marital and separate property and debts, used by the court to divide assets and obligations.
Certificate of Service (Washington County) — Confirms that the other party was served with your filing, as required before the court will proceed.

Legal separation packet (with minor children) — Domestic Relations deposit (confirm with the Clerk)

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

Affidavit of Income & Expenses (Washington County) — Washington County's local financial affidavit listing your income, expenses, and monthly budget. Required in divorce, dissolution, and legal-separation filings.
Affidavit of Property & Debt (Washington County) — Washington County's local affidavit listing marital and separate property and debts, used by the court to divide assets and obligations.
Affidavit of Health Insurance (Washington County) — States who can provide health insurance for the children and at what cost — required whenever child support is at issue.
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.
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.
Application / Questionnaire for Child Support Services (IV-D) — Opens a IV-D case with the Washington County Child Support Enforcement Agency so it can calculate, collect, and enforce support. File whenever a support order is requested.

How to File Legal Separation in Washington 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 affidavits. Use a divorce-style complaint adapted to legal separation (R.C. 3105.17), plus the local Affidavit of Income & Expenses and Affidavit of Property & Debt; with children add the health-insurance affidavit, the UCCJEA affidavit, the worksheet, a parenting plan, and a IV-D application.
Confirm the format and deposit, then file. Confirm the pleading format and deposit with the Clerk's Legal Division, then file on paper at 205 Putnam St., Marietta.
Complete the parenting class (if children). Both parents finish Successful Co-Parenting and file the certificate before the final hearing.
Resolve the issues. The court divides property and debt, sets support, and enters parenting orders — while the marriage legally continues.

Washington County Practice Notes

No posted legal-separation packet. Washington County does not publish a separate legal-separation packet. Confirm the preferred pleading format and the deposit with the Clerk's Legal Division at (740) 373-6623 ext. 2503 before filing; the financial affidavits are the same ones used in a divorce.
DR filing deposit is $350 (some packets still print $330). Washington County's Domestic Relations filing deposit is $350. A few older packets still show $330, so confirm the current amount with the Clerk's Legal Division at (740) 373-6623 ext. 2503 before filing. Service by publication adds $750, and a Poverty Affidavit (Affidavit of Indigency) is available if you can't afford the deposit.
Service when a spouse can't be found. If your spouse can't be located, service by publication takes a $750 deposit. If you qualify for in-forma-pauperis treatment and the other party's address is unknown, the court may allow service by posting for six weeks instead (Local Rule 11 / Policy 1 §1.06). Confirm the current procedure with the Clerk's Legal Division at (740) 373-6623 ext. 2503.
"Successful Co-Parenting" is required with minor children. Each parent in a divorce, dissolution, legal separation, or custody case with minor children completes "Successful Co-Parenting" through OSU Extension–Washington County and files the certificate before the final hearing. The class meets the second Monday of each month, 3:00–5:00 p.m., at 1115 Gilman Ave., Marietta; the fee is $30 in exact cash; pre-register at (740) 376-7431.

Frequently Asked Questions

What is the difference between legal separation, annulment, and divorce in Washington County?: A legal separation (R.C. 3105.17) resolves property, debt, support, and parenting issues but leaves you legally married. An annulment (R.C. 3105.31) is a court declaration that the marriage was never valid, on limited grounds such as underage marriage, bigamy, fraud, or incompetence. A divorce ends a valid marriage. All three are filed at the General Division of the Washington County Court of Common Pleas; only the relief and grounds differ. Washington County does not post a separate legal-separation or annulment packet — confirm the pleading format and deposit with the Clerk's Legal Division at (740) 373-6623 ext. 2503.
How much does it cost to file for divorce or dissolution in Washington County?: The Domestic Relations filing deposit is $350, paid to the Clerk of Courts when you file. Some older Washington County packets still print a $330 figure, so confirm the current amount with the Clerk's Legal Division at (740) 373-6623 ext. 2503 before filing. Service by publication adds $750, and a Poverty Affidavit (Affidavit of Indigency) is available if you can't afford the deposit. Post-decree motions to change custody, modify support, or modify visitation are $200 each.
What parenting class is required in Washington County, and what does it cost?: Washington County uses "Successful Co-Parenting," run by OSU Extension–Washington County. The class meets the second Monday of each month from 3:00 to 5:00 p.m. at 1115 Gilman Ave., Marietta, costs $30 in exact cash, and requires pre-registration at (740) 376-7431. Parents in a divorce, dissolution, legal separation, or custody case with minor children complete it and file the certificate before the final hearing. Confirm the current schedule and fee when you register.
My spouse can't be found — how does service by publication work in Washington County?: If your spouse can't be located, the court allows service by publication in a divorce, legal-separation, or annulment case; the deposit for publication is $750. If you can't afford publication and the other party's address is unknown, the court may instead allow service by posting for six weeks (Local Rule 11 / Policy 1 §1.06) when you qualify for in-forma-pauperis treatment. Confirm the current procedure and deposit with the Clerk's Legal Division at (740) 373-6623 ext. 2503.

Free Local Resources in Washington County

Washington County Clerk of Courts — Legal Division. Provides current filing fees, local forms, and filing instructions for custody, divorce, and dissolution cases. Call (740) 373-6623, ext. 2503 (Monday–Friday, 8:00 AM–4:00 PM), or visit https://washingtongov.org/269/Common-Pleas-Court---General-Division before filing to confirm deposits and packet requirements.
Washington County Child Support Enforcement Agency (CSEA). Washington County's IV-D agency, (740) 373-9324 (4th floor), opens child-support cases, runs wage withholding, distributes payments, and enforces orders. File a IV-D Application when establishing or modifying support.
"Successful Co-Parenting" Parenting Class — OSU Extension. The court-approved parenting-education class for parents with minor children, run by OSU Extension–Washington County. Meets the second Monday of each month, 3:00–5:00 p.m., at 1115 Gilman Ave., Marietta; $30 in exact cash; pre-register at (740) 376-7431. File the certificate before the final hearing.

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.
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.

Call (844) 694-2885 or email support@gavvl.com.