Ohio Revised Code Search
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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.
...he Revised Code. (2) "During the marriage" means whichever of the following is applicable: (a) Except as provided in division (A)(2)(b) of this section, the period of time from the date of the marriage through the date of the final hearing in an action for divorce or in an action for legal separation; (b) If the court determines that the use of either or both of the dates specified in division (A)(2)(a) of this... |
Section 3105.21 | Order for disposition, care and maintenance of children.
...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 disposition, care, and maintenance of any dependent child of the marriage as is in the child's best interest, and in accordance with section 3109.04 of the Revised Code. (C) Any court... |
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.
...government or governmental subdivision, agency, or instrumentality. (H) "Nonparty participant" means a person, other than a party and the party's collaborative family lawyer, that the parties expressly designate in writing, in a collaborative family law participation agreement or an amendment to that agreement, to participate in a collaborative family law process. (I) "Party" means a person that signs a collab... |
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.
...continues if the unrepresented party engages a successor collaborative family lawyer, and, in a signed record, all parties consent to continue the process by reaffirming the collaborative family law participation agreement, the collaborative family law participation agreement is amended to identify the successor collaborative family lawyer, and the successor collaborative family lawyer confirms the lawyer's rep... |
Section 3105.45 | Representation by collaborative family lawyer.
...overnment 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 collaborative family lawyer... |
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.
...ess 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 proceeding based on what would be a felony if commi... |
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.
...n pleas may grant a dissolution of marriage. |
Section 3105.62 | Residency requirement.
...es 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 into an action for ... |
Section 3105.63 | Separation agreement provisions.
...)(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 re... |
Section 3105.64 | Time of court appearance after filing petition.
...g 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 for divorce is converted to an action for dissolution of marriage ... |
Section 3105.65 | Power of court.
...oes 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 spouses and of the report of the investigator pursuant to the Rules of Civil Procedure, the court appr... |
Section 3105.71 | Prohibiting cancellation of health insurance during pendency prior to court determination of responsibility.
...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 terminate or cause the terminatio... |
Section 3105.73 | Award of attorney's fees and litigation expenses - factors considered - payment.
... 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 parties, and any other relevant factors... |