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Ohio Statutes, Title 31

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Title 31, Title 31. Domestic Relations-Children

15 chapters · 879 sections in this title.

All chapters in Title 31879 Ch 3119, Chapter 3119 | Calculation Of Child …127 Ch 3123, Chapter 3123 | Defaults Under Child …116 Ch 3121, Chapter 3121 | Collection and Disbur…95 Ch 3111, Chapter 3111 | Parentage90 Ch 3107, Chapter 3107 | Adoption81 Ch 3109, Chapter 3109 | Children81 Ch 3115, Chapter 3115 | Uniform Interstate Fa…78 Ch 3105, Chapter 3105 | Divorce, Alimony, Ann…52 Ch 3125, Chapter 3125 | Title IV-D Child Supp…47 Ch 3127, Chapter 3127 | Uniform Child Custody…41 Ch 3113, Chapter 3113 | Neglect, Abandonment,…30 Ch 3101, Chapter 3101 | Marriage18 Ch 3103, Chapter 3103 | Husband And Wife9 Ch 3117, Chapter 3117 | Conciliation Of Marit…8

52 sections·Filtered byTitle 31✕Ch 3105✕

Ohio Rev. Code Ann. § 3105.01 Divorce causes
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The court of common pleas may grant divorces for the following causes:(A) Either party had a husband or wife living at the time of the marriage from which the divorce is sought;(B) Willful absence of the adverse party for one year;(C) Adultery;(D) Extreme cruelty;(E) Fraudulent c…
Ohio Rev. Code Ann. § 3105.011 Jurisdiction over domestic relations matters
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(A) The court of common pleas including divisions of courts of domestic relations, has full equitable powers and jurisdiction appropriate to the determination of all domestic relations matters. This section is not a determination by the general assembly that such equitable powers…
Ohio Rev. Code Ann. § 3105.02 Prohibited acts
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No person shall advertise, print, publish, distribute, or circulate a circular, pamphlet, card, handbill, advertisement, printed paper, book, newspaper, or notice, or cause such to be done, with the intent to procure or aid in procuring divorces or dissolutions of marriage, eithe…
Ohio Rev. Code Ann. § 3105.03 Venue
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The plaintiff in actions for divorce and annulment shall have been a resident of the state at least six months immediately before filing the complaint. Actions for divorce and annulment shall be brought in the proper county for commencement of action pursuant to the Rules of Civi…

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Ohio Rev. Code Ann. § 3105.04 Residence of spouse

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When a person files a petition for divorce or legal separation, the residence of the spouse does not preclude the use of sections 3105.01 to 3105.21 of the Revised Code.

Ohio Rev. Code Ann. § 3105.06 Notice of pendency of action by publication when residence unknown

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If the residence of a defendant in an action for divorce, annulment, or legal separation is unknown, or if the defendant is not a resident of this state or is a resident of this state but absent from the state, notice of the pendency of the action shall be given by publication as…

Ohio Rev. Code Ann. § 3105.08 Converting divorce action into dissolution action

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At any time before a final judgment is entered in a divorce action, the spouses may convert the action for divorce into an action for dissolution of marriage by filing a motion with the court in which the divorce action is pending for conversion of the divorce action. The motion …

Ohio Rev. Code Ann. § 3105.091 Conciliation procedures

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(A) At any time after thirty days from the service of summons or first publication of notice in an action for divorce, annulment, or legal separation, or at any time after the filing of a petition for dissolution of marriage, the court of common pleas, upon its own motion or the …

Ohio Rev. Code Ann. § 3105.10 Judgment - separation agreement

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(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…

Ohio Rev. Code Ann. § 3105.12 Proof of marriage

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(A) Except as provided in division (B) of this section, proof of cohabitation and reputation of the marriage of a man and woman is competent evidence to prove their marriage, and, in the discretion of the court, that proof may be sufficient to establish their marriage for a parti…

Ohio Rev. Code Ann. § 3105.16 Restoring name before marriage

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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.

Ohio Rev. Code Ann. § 3105.17 Complaint for divorce or legal separation

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(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…

Ohio Rev. Code Ann. § 3105.171 Equitable division of marital and separate property - distributive award

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(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…

Ohio Rev. Code Ann. § 3105.18 Awarding spousal support - modification of spousal support

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(A) As used in this section, "spousal support" means any payment or payments to be made to a spouse or former spouse, or to a third party for the benefit of a spouse or a former spouse, that is both for sustenance and for support of the spouse or former spouse. "Spousal support" …

Ohio Rev. Code Ann. § 3105.21 Order for disposition, care and maintenance of children

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(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 …

Ohio Rev. Code Ann. § 3105.31 Causes for annulment

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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 Revi…

Ohio Rev. Code Ann. § 3105.32 When action for annulment must be commenced and by what parties

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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…

Ohio Rev. Code Ann. § 3105.34 Restoring name before marriage

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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 th…

Ohio Rev. Code Ann. § 3105.41 Definitions for sections 3105.41 to 3105.54

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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…

Ohio Rev. Code Ann. § 3105.42 Laws applicable to collaborative family law participation agreement

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(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 pa…

Ohio Rev. Code Ann. § 3105.43 Collaborative family law participation agreements; mandatory inclusions

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(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 R…

Ohio Rev. Code Ann. § 3105.44 Collaborative family law process

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(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 nego…

Ohio Rev. Code Ann. § 3105.45 Representation by collaborative family lawyer

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(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 governme…

Ohio Rev. Code Ann. § 3105.46 Informal disclosure of information

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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 cha…

Ohio Rev. Code Ann. § 3105.47 Applicability of professional responsibility provisions

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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.

Ohio Rev. Code Ann. § 3105.48 Confidentiality of communications

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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.

Ohio Rev. Code Ann. § 3105.49 Privileged communications

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(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 pa…

Ohio Rev. Code Ann. § 3105.50 Waiver of privileges

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(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 p…

Ohio Rev. Code Ann. § 3105.51 Communications not subject to privilege

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(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 …

Ohio Rev. Code Ann. § 3105.52 Effect of finding of intent to make an agreement

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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 indicat…

Ohio Rev. Code Ann. § 3105.53 Electronic signatures

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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…

Ohio Rev. Code Ann. § 3105.54 Short title

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Sections 3105.41 to 3105.54 of the Revised Code may be cited as the "Ohio collaborative family law act."

Ohio Rev. Code Ann. § 3105.61 Jurisdiction

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The court of common pleas may grant a dissolution of marriage.

Ohio Rev. Code Ann. § 3105.62 Residency requirement

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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 th…

Ohio Rev. Code Ann. § 3105.63 Separation agreement provisions

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(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 chil…

Ohio Rev. Code Ann. § 3105.64 Time of court appearance after filing petition

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(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 volu…

Ohio Rev. Code Ann. § 3105.65 Power of court

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(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 …

Ohio Rev. Code Ann. § 3105.71 Prohibiting cancellation of health insurance during pendency prior to court determination of responsibility

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(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 insuran…

Ohio Rev. Code Ann. § 3105.73 Award of attorney's fees and litigation expenses - factors considered - payment

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(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…

Ohio Rev. Code Ann. § 3105.80 Property division orders involving public retirement program definitions

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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 or…

Ohio Rev. Code Ann. § 3105.81 Order for equitable division of property to require compliance with provisions

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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 or…

Ohio Rev. Code Ann. § 3105.82 Requirements of order

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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 de…

Ohio Rev. Code Ann. § 3105.821 Monthly benefit

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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 benef…

Ohio Rev. Code Ann. § 3105.83 Commencing payments

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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 Chapte…

Ohio Rev. Code Ann. § 3105.84 Defraying administrative costs

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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 re…

Ohio Rev. Code Ann. § 3105.85 Limit on withholding

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(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 …

Ohio Rev. Code Ann. § 3105.86 Terminating alternate payee rights

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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 …

Ohio Rev. Code Ann. § 3105.87 Disclosing participant's personal history record

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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.

Ohio Rev. Code Ann. § 3105.88 Transmitting order to retirement program

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The clerk of courts shall transmit a certified copy of an order described in section 3105.81 of the Revised Code to each public retirement program named in the order. If the clerk of courts fails to transmit an order, the public retirement program named in the order is not requir…

Ohio Rev. Code Ann. § 3105.89 Court retains jurisdiction - modification of orders

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Notwithstanding division (I) of section 3105.171 of the Revised Code:(A) The court shall retain jurisdiction 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 310…