Ohio Revised Code Search
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Section 3105.49 | Privileged communications.
...ative 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 nonparty participant may refuse to disclose, and may prevent any other person f... |
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.
...(A) There is no privilege under section 3105.49 of the Revised Code for a collaborative family law communication that is any of the following: (1) Available to the public under section 149.43 of the Revised Code or made during a session of a collaborative family law process that is open, or is required by law to be open, to the public; (2) A threat or statement of a plan to inflict bodily injury or commit a... |
Section 3105.52 | Effect of finding of intent to make an agreement.
...law participation agreement fails to meet the requirements of section 3105.43 of the Revised Code, a court may find that the parties intended to enter into a collaborative family law participation agreement if the parties signed a record indicating an intention to enter into a collaborative family law participation agreement and the parties reasonably believed they were participating in a collaborative family ... |
Section 3105.53 | Electronic signatures.
...e 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.
...x 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 into an action for dissolution of marriage pursuant to section 3105.08 of the Revised Code. For purposes of service of... |
Section 3105.63 | Separation agreement provisions.
...mences receipt of the moneys and income credited to the account in accordance with that law, rules, and plan. (B) An amended separation agreement may be filed at any time prior to or during the hearing on the petition for dissolution of marriage. Upon receipt of a petition for dissolution of marriage, the court may cause an investigation to be made pursuant to the Rules of Civil Procedure. (C)(1) If a petition fo... |
Section 3105.64 | Time of court appearance after filing petition.
..., not less than thirty nor more than ninety days after the filing of a petition for dissolution of marriage, both spouses 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 fo... |
Section 3105.65 | Power of court.
... divorce, the court shall dismiss the petition and refuse to validate the proposed separation agreement. (B) If, upon review of the testimony of both spouses and of the report of the investigator pursuant to the Rules of Civil Procedure, the court approves the separation agreement and any amendments to it agreed upon by the parties, it shall grant a decree of dissolution of marriage that incorporates the sepa... |
Section 3105.71 | Prohibiting cancellation of health insurance during pendency prior to court determination of responsibility.
... otherwise be eligible until the court determines that the party is no longer responsible for providing such health insurance coverage for that party's spouse and dependents. (B) If the party responsible for providing health insurance coverage for that party's spouse and dependents under division (A) of this section fails to provide that coverage in accordance with that division, the court shall issue an order that ... |
Section 3105.73 | Award of attorney's fees and litigation expenses - factors considered - payment.
...he court finds the award equitable. In determining whether an award is equitable, the court may consider the parties' marital assets and 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 a... |
Section 3105.80 | Property division orders involving public retirement program definitions.
...sum payment under section 145.384, 742.26, 3307.352, or 3309.344 of the Revised Code. (D) "Participant" means a member, contributor, retirant, or disability benefit recipient who is or will be entitled to a benefit or lump sum payment under sections 742.01 to 742.61 or Chapter 145., 3307., 3309., or 5505. of the Revised Code or an employee who elects to participate in an alternative retirement plan under Chap... |
Section 3105.81 | Order for equitable division of property to require compliance with provisions.
...res 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 Revised Code. |
Section 3105.82 | Requirements of order.
...1, 742.462, 3307.371, 3309.671, or 5505.261 of the Revised Code of the amount paid to the alternate payee; (3) The possible termination of the payee's rights as described in section 3105.86 of the Revised Code. (H) Apply to payments made by the public retirement program after retention of an order under section 145.571, 742.462, 3305.21, 3307.371, 3309.671, or 5505.261 of the Revised Code. |
Section 3105.821 | Monthly benefit.
...efit for which the participant is eligible; (C) If the participant has not applied for a benefit, the monthly benefit shall be the benefit calculated at the time the participant elects to take it. |
Section 3105.83 | Commencing payments.
...evised 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.
...hall 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 and the alternate payee. |
Section 3105.85 | Limit on withholding.
...2, 3305.21, 3307.371, 3309.671, or 5505.261 of the Revised Code. |
Section 3105.86 | Terminating alternate payee rights.
...An alternate payee's rights under an order described in section 3105.81 of the Revised Code shall terminate on the earlier of the following: (A) The death of the participant; (B) The death of the alternate payee; (C) The termination of a benefit paid to a participant 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.
...2, 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 145.571, 742.462, 3305.21, 3307.371, 3309.671, or 5505.261 of the Revised Code, the clerk of courts shall notify the counsel of record that the order was not retained by the public retirement program. |
Section 3105.89 | Court retains jurisdiction - modification of orders.
...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 order must meet the requirements... |
Section 3105.90 | Form for court orders.
...ach state retirement system shall, by rule adopted in accordance with section 111.15 of the Revised Code, adopt the form created under this section. |