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The Legislative Service Commission staff updates the Revised Code on an ongoing basis, as it completes its act review of enacted legislation. Updates may be slower during some times of the year, depending on the volume of enacted legislation.

Ohio Revised Code Search

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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.

...ict bodily injury or commit a crime of violence; (3) Intentionally used to plan a crime, commit or attempt to commit a crime, or conceal an ongoing crime or ongoing criminal activity; (4) In an agreement resulting from the collaborative family law process, evidenced by a record signed by all parties to the agreement. (B) The privileges under section 3105.49 of the Revised Code for a collaborative family law ...

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 3105.61 | 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.

...(A)(1) A petition for dissolution of marriage shall be signed by both spouses and shall have attached and incorporated a separation agreement agreed to by both spouses. The separation agreement shall provide for 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 ...

Section 3105.64 | Time of court appearance after filing petition.

...(A) Except as provided in division (B) or (C) of this section, 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 sp...

Section 3105.65 | Power of court.

...(A) If, at the time of the hearing, either spouse is not satisfied with the separation agreement or does not wish a dissolution of the marriage and if neither spouse files a motion pursuant to division (C) of this section to convert the action to an action for divorce, the court shall dismiss the petition and refuse to validate the proposed separation agreement. (B) If, upon review of the testimony of both sp...

Section 3105.71 | Prohibiting cancellation of health insurance during pendency prior to court determination of responsibility.

...(A) If a party to an action for divorce, annulment, dissolution of marriage, or legal separation was the named insured or subscriber under, or the policyholder, certificate holder, or contract holder of, a policy, contract, or plan of health insurance that provided health insurance coverage for that party's spouse and dependents immediately prior to the filing of the action, that party shall not cancel or otherwise t...

Section 3105.73 | Award of attorney's fees and litigation expenses - factors considered - payment.

...(A) In an action for divorce, dissolution, legal separation, or annulment of marriage or an appeal of that action, a court may award all or part of reasonable attorney's fees and litigation expenses to either party if the 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 t...

Section 3105.80 | Property division orders involving public retirement program definitions.

...As used in this section and sections 3105.81 to 3105.90 of the Revised Code: (A) "Alternate payee" means a party in an action for divorce, legal separation, annulment, or dissolution of marriage who is to receive one or more payments from a benefit or lump sum payment under an order issued under section 3105.171 or 3105.65 of the Revised Code that is in compliance with sections 3105.81 to 3105.90 of the Revis...

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 3105.821 | Monthly benefit.

...The monthly benefit used under division (D)(2) of section 3105.82 of the Revised Code to determine the amount to be paid an alternate payee 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 part...

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...

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.

...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.