Ohio Revised Code Search
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Section 3105.03 | Venue.
...The plaintiff in actions for divorce and annulment shall have been a resident of the state at least six months immediately before filing the complaint. Actions for divorce and annulment shall be brought in the proper county for commencement of action pursuant to the Rules of Civil Procedure. The court of common pleas shall hear and determine the case, whether the marriage took place, or the cause of divorce or annul... |
Section 3105.04 | Residence of spouse.
...When a person files a petition for divorce or legal separation, the residence of the spouse does not preclude the use of sections 3105.01 to 3105.21 of the Revised Code. |
Section 3105.06 | Notice of pendency of action by publication when residence unknown.
...ence of a defendant in an action for divorce, annulment, or legal separation is unknown, or if the defendant is not a resident of this state or is a resident of this state but absent from the state, notice of the pendency of the action shall be given by publication as provided by the Rules of Civil Procedure. |
Section 3105.08 | Converting divorce action into dissolution action.
...ore a final judgment is entered in a divorce action, the spouses may convert the action for divorce into an action for dissolution of marriage by filing a motion with the court in which the divorce action is pending for conversion of the divorce action. The motion shall contain a petition for dissolution of marriage that satisfies the requirements of section 3105.63 of the Revised Code. The action for dissolution of ... |
Section 3105.091 | Conciliation procedures.
...blication of notice in an action for divorce, annulment, or legal separation, or at any time after the filing of a petition for dissolution of marriage, the court of common pleas, upon its own motion or the motion of one of the parties, may order the parties to undergo conciliation for the period of time not exceeding ninety days as the court specifies, and, if children are involved in the proceeding, the court may o... |
Section 3105.10 | Judgment - separation agreement.
...eas shall hear any of the causes for divorce or annulment charged in the complaint and may, upon proof to the satisfaction of the court, pronounce the marriage contract dissolved and both of the parties released from their obligations. (B)(1) A separation agreement providing for the support of children eighteen years of age or older is enforceable by the court of common pleas. (2) A separation agreement that was vo... |
Section 3105.12 | Proof of marriage.
...t have not been terminated by death, divorce, dissolution of marriage, or annulment remain valid on and after October 10, 1991. (3) Common law marriages that satisfy all of the following remain valid on and after October 10, 1991: (a) They came into existence prior to October 10, 1991, or come into existence on or after that date, in another state or nation that recognizes the validity of common law marriages in a... |
Section 3105.16 | Restoring name before marriage.
...When a divorce is granted the court of common pleas shall, if the person so desires, restore any name that the person had before the marriage. |
Section 3105.17 | Complaint for divorce or legal separation.
...he marriage may file a complaint for divorce or for legal separation, and when filed the other may file a counterclaim for divorce or for legal separation. The court of common pleas may grant divorces for the causes set forth in section 3105.01 of the Revised Code. The court of common pleas may grant legal separation on a complaint or counterclaim, regardless of whether the parties are living separately at the time t... |
Section 3105.171 | Equitable division of marital and separate property - distributive award.
...f the final hearing in an action for divorce or in an action for legal separation; (b) If the court determines that the use of either or both of the dates specified in division (A)(2)(a) of this section would be inequitable, the court may select dates that it considers equitable in determining marital property. If the court selects dates that it considers equitable in determining marital property, "during the marri... |
Section 3105.18 | Awarding spousal support - modification of spousal support.
...05.171 of the Revised Code. (B) In divorce and legal separation proceedings, upon the request of either party and after the court determines the division or disbursement of property under section 3105.171 of the Revised Code, the court of common pleas may award reasonable spousal support to either party. During the pendency of any divorce, or legal separation proceeding, the court may award reasonable tempora... |
Section 3105.21 | Order for disposition, care and maintenance of children.
...f of the causes in the complaint for divorce, annulment, or legal separation, the court of common pleas shall make an order for the disposition, care, and maintenance of the children of the marriage, as is in their best interests, and in accordance with section 3109.04 of the Revised Code. (B) Upon the failure of proof of the causes in the complaint, the court may make the order for the disposition, care, and mainte... |
Section 3105.31 | Causes for annulment.
...sband or wife was then and still is in force; (C) That either party has been adjudicated to be mentally incompetent, unless such party after being restored to competency cohabited with the other as husband or wife; (D) That the consent of either party was obtained by fraud, unless such party afterwards, with full knowledge of the facts constituting the fraud, cohabited with the other as husband or wife; (E) That t... |
Section 3105.32 | When action for annulment must be commenced and by what parties.
...An action to obtain a decree of nullity of a marriage must be commenced within the periods and by the parties as follows: (A) For the cause mentioned in division (A) of section 3105.31 of the Revised Code, by the party to the marriage who was married under the age at which persons may be joined in marriage as established by section 3101.01 of the Revised Code, within two years after arriving at such age; or by a par... |
Section 3105.34 | Restoring name before marriage.
...If the court determines that a marriage is void or that a judgment of nullity ought to be granted, the court may in its discretion, and regardless of whether or not a request therefor was included in the prayer of the complaint as a part of such judgment, restore any name that the person had before the marriage. |
Section 3105.41 | Definitions for sections 3105.41 to 3105.54.
...As used in sections 3105.41 to 3105.54 of the Revised Code: (A) "Collaborative family law communication" means any statement that occurs after the parties sign a collaborative family law participation agreement and before the collaborative family law process is concluded and that is made for the purpose of conducting, participating in, continuing, or reconvening a collaborative law process. (B) "Collaborativ... |
Section 3105.42 | Laws applicable to collaborative family law participation agreement.
...(A) Sections 3105.41 to 3105.54 of the Revised Code apply to a collaborative family law participation agreement that meets the requirements of section 3105.43 of the Revised Code and is signed on or after the effective date of this section. (B) A court may not order a party to participate in a collaborative family law process over that party's objection. |
Section 3105.43 | Collaborative family law participation agreements; mandatory inclusions.
...(A) A collaborative family law participation agreement must be in a record, be signed by the parties, and include all of the following: (1) A statement of the parties' intent to resolve a matter through a collaborative family law process under sections 3105.41 to 3105.55 of the Revised Code; (2) A description of the nature and scope of the matter; (3) The identity of the collaborative family lawyer who repre... |
Section 3105.44 | Collaborative family law process.
...(A) A collaborative family law process begins when the parties sign a collaborative family law participation agreement. (B) A collaborative family law process is concluded by any of the following: (1) A negotiated resolution of the matter as evidenced by a signed record; (2) A negotiated resolution of a portion of the matter as evidenced by a signed record in which the parties agree that the remaining port... |
Section 3105.45 | Representation by collaborative family lawyer.
...(A) Except as otherwise provided in division (C) of this section, a collaborative family lawyer may not appear before a court to represent a party in a proceeding related to the collaborative family law matter. A collaborative family lawyer representing a party that is a government or governmental subdivision, agency, or instrumentality is subject to disqualification under this division. (B) Except as otherwi... |
Section 3105.46 | Informal disclosure of information.
...During the collaborative family law process, at the request of another party, a party shall make timely, full, candid, and informal disclosure of information related to the collaborative matter without formal discovery and shall update promptly information that has materially changed. Parties may define the scope of disclosure, except as otherwise provided by law. |
Section 3105.47 | Applicability of professional responsibility provisions.
...Sections 3105.41 to 3105.54 of the Revised Code do not affect the professional responsibility obligations and standards applicable to a lawyer or other licensed professional or the statutory obligation of a person to report abuse or neglect of a child or adult. |
Section 3105.48 | Confidentiality of communications.
...A collaborative family law communication is confidential to the extent agreed by the parties in a signed record or as provided by the law of this state. |
Section 3105.49 | Privileged communications.
...(A) Subject to sections 3105.50 and 3105.51 of the Revised Code, a collaborative family law communication is privileged under division (B) of this section, is not subject to discovery, and is not admissible in evidence. (B) In a proceeding, the following privileges apply: (1) A party may refuse to disclose, and may prevent any other person from disclosing, a collaborative family law communication. (2) A nonp... |
Section 3105.50 | Waiver of privileges.
...(A) A privilege under section 3105.49 of the Revised Code may be waived in a record or orally during a proceeding if it is expressly waived by all parties and, in the case of the privilege of a nonparty participant, it is also expressly waived by the nonparty participant. (B) A person that discloses or makes a representation about a collaborative family law communication that prejudices another person in a p... |