Ohio Revised Code Search
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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... |
Section 3105.51 | Communications not subject to privilege.
...ect, abandonment, or exploitation of a child, unless a children's or protective service agency or an adult protective services agency is a party to or otherwise participates in the collaborative family law process. (C) There is no privilege under section 3105.49 of the Revised Code if the communication is sought in connection with or offered in any criminal proceeding involving a felony, a delinquent child pr... |
Section 3105.52 | Effect of finding of intent to make an agreement.
... family law process. If a court makes such a finding, sections 3105.41 to 3105.54 of the Revised Code apply to the same extent as if the parties had entered into a valid collaborative family law participation agreement. |
Section 3105.53 | Electronic signatures.
...of the Revised Code modify, limit, and supersede the "Electronic Signatures in Global and National Commerce Act," 114 Stat. 464, 15 U.S.C. 7001, et seq., but do not modify, limit, or supersede section 101(c) of that act, 15 U.S.C. 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that act, 15 U.S.C. 7003(b). |
Section 3105.54 | Short title.
...Sections 3105.41 to 3105.54 of the Revised Code may be cited as the "Ohio collaborative family law act." |
Section 3105.61 | Jurisdiction.
...The court of common pleas may grant a dissolution of marriage. |
Section 3105.62 | Residency requirement.
...One of the spouses in an action for dissolution of marriage shall have been a resident of the state for at least six months immediately before filing the petition. Actions for dissolution of marriage shall be brought in the proper county for commencement of actions pursuant to the Rules of Civil Procedure. An action for dissolution of marriage may be brought pursuant to a motion for conversion of a divorce action int... |
Section 3105.63 | Separation agreement provisions.
...or a division of all property; spousal support; if there are minor children of the marriage, the allocation of parental rights and responsibilities for the care of the minor children, the designation of a residential parent and legal custodian of the minor children, child support, and parenting time rights; and, if the spouses so desire, an authorization for the court to modify the amount or terms of spousal s... |
Section 3105.64 | Time of court appearance after filing petition.
...es shall appear before the court, and each spouse shall acknowledge under oath that that spouse voluntarily entered into the separation agreement appended to the petition, that that spouse is satisfied with its terms, and that that spouse seeks dissolution of the marriage. (B) If an action for divorce is converted to an action for dissolution of marriage pursuant to section 3105.08 of the Revised Code and if ... |
Section 3105.65 | Power of court.
...al custodian of the children, to child support, to parenting time of parents with the children, and to visitation for persons who are not the children's parents. The court, only in accordance with division (E)(2) of section 3105.18 of the Revised Code, may modify the amount or terms of spousal support. The court may modify the division of property provided in the separation agreement only upon the express writ... |
Section 3105.71 | Prohibiting cancellation of health insurance during pendency prior to court determination of responsibility.
...ents under division (A) of this section fails to provide that coverage in accordance with that division, the court shall issue an order that includes all of the following: (1) A requirement that the party make payment to that party's spouse in the amount of any premium that party failed to pay or contribution that party failed to make that resulted in that party's failure to provide health insurance coverage in comp... |
Section 3105.73 | Award of attorney's fees and litigation expenses - factors considered - payment.
... income, any award of temporary spousal support, the conduct of the parties, and any other relevant factors the court deems appropriate. (B) In any post-decree motion or proceeding that arises out of an action for divorce, dissolution, legal separation, or annulment of marriage or an appeal of that motion or proceeding, the court may award all or part of reasonable attorney's fees and litigation expenses to either p... |
Section 3105.80 | Property division orders involving public retirement program definitions.
...ant under sections 742.01 to 742.61 or Chapter 145., 3307., 3309., or 5505. of the Revised Code or any payment that is to be made under a contract a participant has entered into for the purposes of an alternative retirement plan. "Benefit" also includes all amounts received or to be received under a plan of payment elected under division (E)(1) of section 145.46, division (B) of section 3307.60, or division (B... |
Section 3105.81 | Order for equitable division of property to require compliance with provisions.
...A court that issues an order under section 3105.171 or 3105.65 of the Revised Code that provides for a division of property that includes a benefit or lump sum payment and requires one or more payments from a public retirement program to an alternate payee shall include in the order a requirement that the payments be made in accordance with and subject to limitations set forth in sections 3105.82 to 3105.90 of the Re... |
Section 3105.82 | Requirements of order.
...ment program, the name and address of each public retirement program that is potentially subject to the order; (C) Set forth the names, social security numbers, and current addresses of the participant and alternate payee; (D) Specify the amount to be paid to the alternate payee as one of the following: (1) As both a monthly dollar amount should the participant elect a benefit and as a one-time payment should the ... |
Section 3105.821 | Monthly benefit.
...yee from a monthly benefit shall be whichever of the following applies: (A) If the participant is receiving a monthly benefit, the monthly benefit shall be the benefit the participant is receiving at the time the decree of divorce or dissolution becomes final; (B) If the participant has applied for but is not yet receiving a monthly benefit, the monthly benefit shall be the benefit for which the participant i... |
Section 3105.83 | Commencing payments.
...lege under sections 742.01 to 742.61 or Chapter 145., 3305., 3307., 3309., or 5505. of the Revised Code that is not provided in those sections or chapters. An order described in section 3105.81 of the Revised Code shall not require a public retirement program to take any action or provide any benefit, allowance, or payment not authorized under the law governing the public retirement program. |
Section 3105.84 | Defraying administrative costs.
...An order described in section 3105.81 of the Revised Code shall authorize the board of the public retirement program that is or will be paying the benefit or lump sum payment to withhold from any benefit or payment that is subject to an order an amount determined by the public retirement program to be necessary to defray the cost of administering the order. This amount shall be divided equally between the participant... |
Section 3105.85 | Limit on withholding.
...(A) The total of the amounts described in division (D) of section 3105.82 and section 3105.84 of the Revised Code shall not exceed fifty per cent of the amount of a benefit or lump sum payment, or if withholding is to be made from more than one benefit or lump sum payment, fifty per cent of the total of the benefits or lump sum payments. (B) If a participant's benefit or lump sum payment is or will be subject to mor... |
Section 3105.86 | Terminating alternate payee rights.
...pant under sections 742.01 to 742.61 or Chapter 145., 3305., 3307., 3309., or 5505. of the Revised Code. |
Section 3105.87 | Disclosing participant's personal history record.
...The court may order a public retirement program or the Ohio public employees deferred compensation program to provide information from a participant's personal history record necessary to determine the amounts described in division (D) of section 3105.82 of the Revised Code. |
Section 3105.88 | Transmitting order to retirement program.
...d in the order. If the clerk of courts fails to transmit an order, the public retirement program named in the order is not required to administer the order. The public retirement program shall retain an order in accordance with section 145.571, 742.462, 3305.21, 3307.371, 3309.671, or 5505.261 of the Revised Code. If the public retirement program returns to the clerk of courts an order in accordance with section 1... |
Section 3105.89 | Court retains jurisdiction - modification of orders.
...rt shall retain jurisdiction to modify, supervise, or enforce the implementation of an order described in section 3105.81 of the Revised Code. (B) The court may modify an order issued under section 3105.171 or 3105.65 of the Revised Code that was effective prior to the effective date of this section for the purpose of enforcing the order or carrying into effect the manifest intentions of the parties. A modified ord... |