Ohio Revised Code Search
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Section 3105.31 | Causes for annulment.
...rriage: (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 either party was living and the marriage with such former husband or wife was then and st... |
Section 3105.32 | When action for annulment must be commenced and by what parties.
...r guardian of the party adjudicated mentally incompetent at any time before the death of either party; (D) For the cause mentioned in division (D) of section 3105.31 of the Revised Code, by the party aggrieved within two years after the discovery of the facts constituting fraud; (E) For the cause mentioned in division (E) of section 3105.31 of the Revised Code, by the party aggrieved within two years from the date ... |
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.
... include a lawyer who is a public official and who does not represent individuals other than public officials in their official capacities. (E) "Collaborative matter" or "matter" means a dispute, transaction, claim, problem, or issue for resolution that arises under Title XXXI of the Revised Code and is described in a collaborative family law participation agreement. The term includes a dispute, claim, or issu... |
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.
... 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 represents each party in the collaborative family law process; (4) A statement b... |
Section 3105.44 | Collaborative family law process.
...ly law matter without the agreement of all parties; (b) In a pending proceeding related to the collaborative family law matter, does any of the following: (i) Initiates a pleading, motion, order to show cause, or request for a conference with the court; (ii) Requests that the proceeding be put on the court's docket; (iii) Takes similar action requiring notice to be sent to the parties; (iv) Except as otherw... |
Section 3105.45 | Representation by collaborative family lawyer.
...party that is a government or governmental subdivision, agency, or instrumentality is subject to disqualification under this division. (B) Except as otherwise provided in division (C) of this section, a lawyer in a law firm with which the collaborative family lawyer is associated may not appear before a court to represent a party in a proceeding related to the collaborative family law matter if the collaborat... |
Section 3105.46 | Informal disclosure of information.
...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.
...vised 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.
... 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.
...sed 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 proceeding may not assert a privilege under section... |
Section 3105.51 | Communications not subject to privilege.
...mmit 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 communication do not app... |
Section 3105.52 | Effect of finding of intent to make an agreement.
...t as if the parties had entered into a valid collaborative family law participation agreement. |
Section 3105.53 | Electronic signatures.
...sede 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.
...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 into an action for dissol... |
Section 3105.63 | Separation agreement provisions.
... 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 residential pa... |
Section 3105.64 | Time of court appearance after filing petition.
...issolution 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 for divorce is converted to an action for dissolution of marriage pursuant to section 3... |
Section 3105.65 | Power of court.
...n 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 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 inc... |
Section 3105.71 | Prohibiting cancellation of health insurance during pendency prior to court determination of responsibility.
...nulment, 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 terminate or cause the termination of such c... |
Section 3105.73 | Award of attorney's fees and litigation expenses - factors considered - payment.
... 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 the par... |
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... |