Ohio Revised Code Search
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Section 3105.10 | Judgment - separation agreement.
...(A) The court of common pleas 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 separa... |
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.
...(A) Either party to the 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 sep... |
Section 3105.171 | Equitable division of marital and separate property - distributive award.
...(A) As used in this section: (1) "Distributive award" means any payment or payments, in real or personal property, that are payable in a lump sum or over time, in fixed amounts, that are made from separate property or income, and that are not made from marital property and do not constitute payments of spousal support, as defined in section 3105.18 of the Revised Code. (2) "During the marriage" means whichever of... |
Section 3105.21 | Order for disposition, care and maintenance of children.
...(A) Upon satisfactory proof 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 dis... |
Section 3105.31 | Causes for annulment.
...A marriage may be annulled for any of the following causes existing at the time of the marriage: (A) That the party in whose behalf it is sought to have the marriage annulled was under the age at which persons may be joined in marriage as established by section 3101.01 of the Revised Code, unless after attaining such age such party cohabited with the other as husband or wife; (B) That the former husband or wife of ... |
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... |
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.
...Even though a collaborative family 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 partic... |
Section 3105.53 | Electronic signatures.
...Sections 3105.41 to 3105.54 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 3105.81 | 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.
...An order described in section 3105.81 of the Revised Code shall meet all of the following requirements: (A) Be on the form created under section 3105.90 of the Revised Code; (B) Set forth the name and address of the public retirement program subject to the order or, if the court determines that the participant has contributions on deposit with more than one public retirement program, the name and address of each pu... |
Section 3105.83 | Commencing payments.
...Payments under an order described in section 3105.81 of the Revised Code shall commence as provided under section 145.571, 742.462, 3305.21, 3307.371, 3309.671, or 5505.261 of the Revised Code. An alternate payee has no right or privilege 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... |