Cuyahoga 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 Cuyahoga County, Ohio.
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 separation
- Fill out forms
- Bring in and "serve" the forms
- "Mutual restraining orders" issued
- "Temporary support order" defined
- Wait for your spouse's response
- Participate in hearings and meetings
- Complete the Parenting Seminar
- Submit your proposed judgment entry
- Final legal separation hearing
Decide whether you can get a legal separation
In order to get legally separated in Cuyahoga County, you must meet these requirements:
- You or your spouse currently live in Cuyahoga 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 Cuyahoga 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 a temporary support order. A temporary support order can set out who will be responsible for important things in your life, like child support or payment of debts, while you're waiting for the legal separation to be final. See more about temporary support orders.
Bring in and "serve" the forms
Once you have completed the forms and are ready to file:
- Print your completed forms. You can print your forms at any Cleveland Public Library for .10 per page. On Wednesdays, you can also print your forms at the Law Library, which is located on the fourth floor of the Cuyahoga County Court House at 1 W. Lakeside Ave. You can print up to 25 pages for free at the Law Library. There is a fee of .20 per additional page. You should make at least one extra copy of your forms for your records.
- After you print your forms, you will need to sign your documents in front of a notary. The Law Library has staff who can notarize your forms for you. You also can find a notary by searching on your browser for “a notary near me.” The Help Center at the Domestic Relations Court also has staff who can notarize your forms for you.
- Bring your completed, signed and notarized forms to the Clerk of Court. The Domestic Relations Clerk of Court is located on the ground floor of the Cuyahoga County Court House at 1 W. Lakeside Ave.
- Give the clerk your forms to file. You also will need to pay the filing fee.
As of March 1st, 2024, the cost to file for legal separation in Cuyahoga County is $200.
You also have the option to efile your forms. Learn more about efiling from the Cuyahoga County Clerk of Courts.
If you have a low income and can’t afford the filing fee, you can choose to add a Civil Fee Waiver Affidavit, or 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 Cuyahoga 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 (216) 443-8880.
"Mutual restraining orders" issued
Once you file for legal separation, there are certain things you and your spouse are not allowed to do, such as selling your car or changing your insurance while your case is ongoing.
“Mutual restraining orders” explain what you cannot do. They are court orders that are issued automatically when a legal separation is filed.
The orders stay in effect until the Court issues a different order or your case ends.
You can learn more about mutual restraining orders in Local Rule 24.
"Temporary support orders" defined
If you asked for a temporary support order, your spouse will get 14 days to file their own documents to either agree or disagree. If your spouse doesn't respond in that time, the Court will issue the temporary support order that it approves.
If your spouse responds in time and asks for something different, the Court may schedule a hearing to discuss the temporary support order and make a decision on what the temporary support order should be. This hearing is usually held about 4 to 6 weeks after you file the paperwork. You must attend the hearing.
Once the Court decides on the temporary support order, you need to do what it says until your legal separation is finalized.
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 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 hearings and meetings
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.
You may have to exchange information with your spouse in a process called “discovery.” This may include answering written questions, answering questions in front of a court reporter or giving documents like tax returns or bank account information. Be sure to follow any requests for discovery; otherwise you could get in trouble with the Court.
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 Court-approved seminar for parents.
This seminar should be completed within 30 days before or after your initial filing. Once you complete the seminar, you are responsible for filing the "Certificate of Completion" with the Clerk of Courts to make sure that it's entered into the case record.
You won’t be able to finalize your legal separation until you complete the seminar. You can learn more about the parenting seminar in Local Rule 34.
Submit your proposed judgment entry
Before your final hearing, you must submit a proposed “Judgment Entry of Legal Separation” that says what you and your spouse have decided. This form will be reviewed by the Court's Help Center for completeness and then sent to the Judge or Magistrate holding your final hearing for their review and approval.
If you don’t submit this form, your case could be dismissed.
Please contact the Help Center at least two weeks before your final hearing at (216) 443-8880 to prepare your proposed judgment entry.
Final legal separation hearing
When your judgment entry has been reviewed and found complete by the Help Center, your form will say "Sent for Approval." This means that they have sent your proposed judgment entry to the Judge or Magistrate holding your final hearing for their review and approval.
Review your hearing notice to find out what you need to bring with you to the hearing. If your hearing is uncontested, this may include a witness that can support your grounds for separation, as well as documentation showing proof of income.
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 say that they 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 in ending the marriage, including child custody, support, property, debts and more.
Your legal separation is not finalized until the Judge has signed the “Judgment Entry of Legal Separation” and it is filed with the Court. This is usually filed automatically after the Judge approves the separation.
After the Judge signs the judgment entry, your form will say "Closed." You can view a copy of the final judgment entry online at the Clerk's website.
You can get a certified copy of the judgment entry for a small fee from the Cuyahoga County Domestic Relations Clerk of Court. Contact the Certified Copies Department by phone at (216) 443-7977 or by email at [email protected].