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Ohio Separation Agreement

An Ohio separation agreement is a contract used by married couples who no longer wish to live together as spouses to establish how their property will be divided, what level of spousal and child support will be required, and more. The agreement can later be used to pursue a legal separation or adapted into a divorce decree if the couple chooses.
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Updated June 05, 2024

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Is a Separation Agreement Legal in Ohio?

Yes, couples can create private separation agreements with binding terms regarding spousal support. If they seek legal separation with a court, they can create agreements covering other areas. Separation agreements are also a requirement if the couple later wishes to get divorced.[1][2]

Legal Separation Requirements

  • Filing Fee: Varies; for example, in Cuyahoga County the fee is $200, while the fee Warren County depends on whether or not the couple has children
  • Residency: One or both spouses must have been a resident for at least six months leading up to the filing of the petition.[3]
  • Where to File: With the Court of Common Pleas for the county where at least one spouse resides

Court Forms

Sample

Sources

  1. § 3103.06
  2. § 3105.63
  3. § 3105.62