Lorain County Legal Separation Process
Legal separation is a multi-step process that includes paperwork and court hearings. Read more to learn the steps to complete a legal separation case in Lorain County.
Legal separation does not legally end your marriage. It just allows you and your spouse to put legal agreements in place about how you will handle no longer living together.
Some people choose legal separation because they don't want to divorce for religious or other reasons. You do not have to be legally separated before you file for divorce.
The process and forms for legal separation are very similar to the process and forms for getting a divorce. You will need to make all the same kinds of decisions and agreements that go into finalizing a divorce. This will include dividing your property and debts, determining child support and spousal support, and child custody. After you complete this multi-step process, you will still be married.
The legal separation process can take 4 to 12 months if you don't have children, or up to 2 years (or more) if you do have children. While this article will help you understand the process, you may want to consider getting a lawyer to help you.
If you're looking for information on a specific step in the legal separation process, use the links below to jump to the step you need:
- Decide whether you can get a legal separation
- Fill out forms
- Bring in and "serve" the forms
- Wait for your spouse's response
- Participate in conferences and hearings
- Complete the parenting seminar
- Prepare your proposed judgment entry
- Attend your final hearing
Decide whether you can get a legal separation
In order to get legally separated in Lorain County, you must meet these requirements:
- You or your spouse currently live in Lorain County and have lived there for at least 90 days.
- You have lived in Ohio for at least 6 months.
If you and your spouse live in different counties, you can choose which county you file in. You can file in a county where you have lived for more than 90 days or the one where your spouse has lived more than 90 days.
Fill out forms
In order to file, you must fill out detailed forms describing your income, expenses, what you own and any debts. You will need to think through your finances carefully to ensure that you complete these forms truthfully. Any information that's not accurate can make things more complicated later on in the process. Learn how to get organized before you file.
To find and complete the legal separation forms for Lorain County, go to:
Legal separation can be a long process. To decide what happens while you wait for the separation to be finalized, you can file a request for temporary orders. Requesting temporary orders is optional. Learn more about temporary orders.
Bring in and "serve" the forms
Once you have completed the forms and are ready to file:
- Print your forms. You can print your forms at a public library. It costs about 10 cents per page. Learn about printing at the Lorain County Public Library System or the Elyria Public Library System.
- Sign your forms, with a notary if needed. Your forms will include a cover sheet. The cover sheet has instructions for signing your forms. Follow the instructions carefully. If your forms include an affidavit, you must sign the affidavit in front of a notary. You can find a notary by searching online for “a notary near me.” Do not sign the affidavit until you are in front of a notary. If your forms do not include an affidavit, you can sign them without a notary.
- Make copies of your forms. You are responsible for making copies of your forms for the Court. You can make copies at the public library for about 10 cents per page. Make 2 copies of your forms to give the Court. Make at least one extra copy for your records.
- Bring your forms to the Clerk of Courts. Go to the Clerk of Courts - Domestic Relations Division at the Lorain County Justice Center at 225 Court Street in Elyria to file your forms.
You also need to pay the filing fee. The cost to file for legal separation in Lorain County is $280 for a legal separation without children or $380 for a legal separation with children.
If you have a low income and can’t afford the filing fee, you can choose to add a Poverty Affidavit to create an additional form to file with your packet of documents. This form asks that you be allowed to file without paying a fee upfront. You may still be responsible for paying the fee at the end of the case.
The Court has to tell your spouse that you have filed for legal separation. This is called “serving” the papers. One of the forms that you will have to fill out asks you how you want the forms to be served. The preferred method in Lorain County is certified mail. See more about “serving” your court papers.
If you have questions about the process of filing for legal separation, you can contact the Help Center at (440) 406-3288.
Wait for your spouse’s response
Once your spouse has been served with your “complaint” – the formal document where you ask for a legal separation, your spouse will have 28 days to file their own response. This response is called an “answer.” Your spouse also may file a “counterclaim” to ask for something else in the legal separation.
If your spouse files an answer in time, it means your case is “contested,” or challenged. The Court will set a meeting called a conference or pre-trial hearing about 30 to 45 days after your spouse was served. Look for a pre-trial or hearing notice from the Court, and follow the instructions in the notice. You must attend the hearing. If you can’t make it to a hearing, you can file a Motion for Continuance to ask the Court to reschedule it.
If your spouse doesn’t file an answer, then the case is “uncontested,” or not challenged, and the Court will set a final hearing about 6 weeks after your spouse was served with your legal separation papers.
Participate in conferences and hearings
A pre-trial hearing is where you and your spouse discuss the terms of the legal separation. The Court may ask you to work with a mediator to come to an agreement.
In the pre-trial hearing, you will tell the Judge what you and your spouse agree on and what you don't. The Judge may ask for more information so they can make a fair decision. If you and your spouse can agree on all the terms of the legal separation at your pre-trial hearing, you may be able to submit your finished plan to the Court. If the Judge agrees with your plan and thinks that you have given all the information they need, you may be able to finalize your legal separation right away.
You must either agree on or prove the "grounds," or reason, for your separation during the pre-trial hearing. Couples can agree that they are “incompatible,” which means you no longer get along. If your spouse does not attend the hearing, does not agree that you are "incompatible" or if your grounds for your legal separation are something other than "incompatibility," you may need to do more. You will need to call witnesses and present evidence to support your reason for separation.
If you can't agree on everything, the Court will tell you when your next hearing will be. The number of hearings in your separation will depend on how many issues you and your spouse cannot agree on and how long it takes you to come to agreement.
Complete the parenting seminar
If you and your spouse have minor children together, you will need to successfully complete the seminar for separating parents.
You won’t be able to finalize your legal separation until you complete the seminar. You can learn more about the parenting seminar in Domestic Relations Court Rule 8.
Prepare your proposed judgment entry
You must prepare a proposed “Judgment Entry of Legal Separation” that says what you and your spouse have decided.
You can use the forms on this site to prepare your proposed judgment entry. Go to the form assistant for your case type:
- Judgment Entry for Legal Separation with Children
- Judgment Entry for Legal Separation without Children
Once you have completed your judgment entry:
- Print your forms. You can print your forms at a public library. It costs about 10 cents per page. Learn about printing at the Lorain County Public Library System or the Elyria Public Library System. Make at least one extra copy for your records.
- If your final hearing is on Zoom, bring your completed judgment entry to the Lorain County Justice Center at 225 Court Street in Elyria, at least 1 to 2 days before your final hearing. Drop off your forms with the Assignment Commissioners on the second floor.
- If your final hearing is in person, bring a copy of your completed judgment entry to your final hearing.
Check the notice you get from the Court to find out where your final hearing will be. If you aren't sure, contact the Help Center at (440) 406-3288.
Final legal separation hearing
Dress professionally for the hearing. Don’t wear shorts, t-shirts, tank tops, halter tops or other clothing that could seem unprofessional.
If you and your spouse have agreed on all the issues, the Judge will read your written agreement and confirm it is acceptable under Ohio law. The Judge will then approve it and sign it.
If you and your spouse have not agreed, the Judge may need time to review all the evidence and make a decision based on Ohio law. The Judge will end the hearing and issue a written decision later. The Judge is responsible for making sure there is a fair agreement for all the issues involved, including child custody, support, property, debts and more.
After the hearing
Your legal separation is not finalized until the Judge has signed the Final Judgment Entry of Legal Separation and it is filed with the Court.
You can get a certified copy of the judgment entry for a small fee from the Lorain County Clerk of Courts.