reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3105 | Divorce, Alimony, Annulment, Dissolution of Marriage › Section 3105.12 | Proof of Marriage.

Effective:
May 7, 2004
Latest Legislation:
House Bill 272 - 125th General Assembly
(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 particular purpose.
(B)(1) On and after October 10, 1991, except as provided in divisions (B)(2) and (3) of this section, common law marriages are prohibited in this state, and the marriage of a man and woman may occur in this state only if the marriage is solemnized by a person described in section 3101.08 of the Revised Code and only if the marriage otherwise is in compliance with Chapter 3101. of the Revised Code.
(2) Common law marriages that occurred in this state prior to October 10, 1991, and that have not been terminated by death, divorce, dissolution of marriage, or annulment remain valid on and after October 10, 1991.
(3) Common law marriages that satisfy all of the following remain valid on and after October 10, 1991:
(a) They came into existence prior to October 10, 1991, or come into existence on or after that date, in another state or nation that recognizes the validity of common law marriages in accordance with all relevant aspects of the law of that state or nation.
(b) They have not been terminated by death, divorce, dissolution of marriage, annulment, or other judicial determination in this or another state or in another nation.
(c) They are not otherwise deemed invalid under section 3101.01 of the Revised Code.
(4) On and after October 10, 1991, all references in the Revised Code to common law marriages or common law marital relationships, including the references in sections 2919.25, 3113.31, and 3113.33 of the Revised Code, shall be construed to mean only common law marriages as described in divisions (B)(2) and (3) of this section.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3105 | Divorce, Alimony, Annulment, Dissolution of Marriage › Section 3105.16 | Restoring Name Before Marriage.

Effective:
October 25, 1978
Latest Legislation:
House Bill 349 - 112th General Assembly
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.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3105 | Divorce, Alimony, Annulment, Dissolution of Marriage › Section 3105.17 | Complaint for Divorce or Legal Separation.

Effective:
March 23, 2023
Latest Legislation:
Senate Bill 210 - 134th General Assembly
(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 separately at the time the complaint or counterclaim is filed, for the following causes:
(1) Either party had a husband or wife living at the time of the marriage from which legal separation is sought;
(2) Willful absence of the adverse party for one year;
(3) Adultery;
(4) Extreme cruelty;
(5) Fraudulent contract;
(6) Any gross neglect of duty;
(7) Habitual drunkenness;
(8) Imprisonment of the adverse party in a state or federal correctional institution at the time of filing the complaint;
(9) On the application of either party, when husband and wife have, without interruption for one year, lived separate and apart without cohabitation;
(10) Incompatibility, unless denied by either party.
(B) The filing of a complaint or counterclaim for legal separation or the granting of a decree of legal separation under this section does not bar either party from filing a complaint or counterclaim for a divorce or annulment or obtaining a divorce or annulment.
(C) A decree of legal separation may be terminated by the court upon a motion signed by both spouses.
Last updated February 8, 2023 at 12:56 PM
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3105 | Divorce, Alimony, Annulment, Dissolution of Marriage › Section 3105.21 | Order for Disposition, Care and Maintenance of Children.

Effective:
March 22, 2001
Latest Legislation:
Senate Bill 180 - 123rd General Assembly
(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 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 of common pleas that makes or modifies an order for child support under this section shall comply with Chapters 3119., 3121., 3123., and 3125. of the Revised Code. If any person required to pay child support under an order made under this section on or after April 15, 1985, or modified on or after December 1, 1986, is found in contempt of court for failure to make support payments under the order, the court that makes the finding, in addition to any other penalty or remedy imposed, shall assess all court costs arising out of the contempt proceeding against the person and require the person to pay any reasonable attorney's fees of any adverse party, as determined by the court, that arose in relation to the act of contempt.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3105 | Divorce, Alimony, Annulment, Dissolution of Marriage › Section 3105.31 | Causes for Annulment.

Effective:
September 24, 1963
Latest Legislation:
House Bill 467 - 105th General Assembly
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 either party was living and the marriage with such former husband or wife was then and still is in force;
(C) That either party has been adjudicated to be mentally incompetent, unless such party after being restored to competency cohabited with the other as husband or wife;
(D) That the consent of either party was obtained by fraud, unless such party afterwards, with full knowledge of the facts constituting the fraud, cohabited with the other as husband or wife;
(E) That the consent to the marriage of either party was obtained by force, unless such party afterwards cohabited with the other as husband or wife;
(F) That the marriage between the parties was never consummated although otherwise valid.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3105 | Divorce, Alimony, Annulment, Dissolution of Marriage › Section 3105.32 | When Action for Annulment Must Be Commenced and by What Parties.

Effective:
September 24, 1963
Latest Legislation:
House Bill 467 - 105th General Assembly
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 parent, guardian, or other person having charge of such party at any time before such party has arrived at such age;
(B) For the cause mentioned in division (B) of section 3105.31 of the Revised Code, by either party during the life of the other or by such former husband or wife;
(C) For the cause mentioned in division (C) of section 3105.31 of the Revised Code, by the party aggrieved or a relative or 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 of the said marriage;
(F) For the cause mentioned in division (F) of section 3105.31 of the Revised Code, by the party aggrieved within two years from the date of the marriage.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3105 | Divorce, Alimony, Annulment, Dissolution of Marriage › Section 3105.34 | Restoring Name Before Marriage.

Effective:
October 25, 1978
Latest Legislation:
House Bill 349 - 112th General Assembly
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.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3105 | Divorce, Alimony, Annulment, Dissolution of Marriage › Section 3105.42 | Laws Applicable to Collaborative Family Law Participation Agreement.

Effective:
March 22, 2013
Latest Legislation:
House Bill 461 - 129th General Assembly
(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.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3105 | Divorce, Alimony, Annulment, Dissolution of Marriage › Section 3105.43 | Collaborative Family Law Participation Agreements; Mandatory Inclusions.

Effective:
March 22, 2013
Latest Legislation:
House Bill 461 - 129th General Assembly
(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 represents each party in the collaborative family law process;
(4) A statement by each collaborative family lawyer confirming the lawyer's representation of a party in the collaborative family law process.
(B) Parties to a collaborative family law participation agreement may agree to include additional provisions not inconsistent with sections 3105.41 to 3105.54 of the Revised Code.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3105 | Divorce, Alimony, Annulment, Dissolution of Marriage › Section 3105.44 | Collaborative Family Law Process.

Effective:
March 22, 2013
Latest Legislation:
House Bill 461 - 129th General Assembly
(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 portions of the matter will not be resolved in the collaborative family law process;
(3) Termination of the process under division (C) of this section.
(C) A collaborative family law process terminates when any of the following occurs:
(1) A party gives notice in a record that the collaborative family law process is ended.
(2) A party does either of the following:
(a) Begins a proceeding related to the collaborative family 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 otherwise provided by division (E)(2) of this section, discharges a collaborative family lawyer.
(3) A collaborative family lawyer withdraws from further representation of a party.
(4) Termination occurs in any other way provided for in the collaborative family law participation agreement.
(D) A party may terminate a collaborative family law process with or without cause. A notice of termination need not specify a reason for terminating the process.
(E)(1) A collaborative family lawyer who is discharged or who withdraws shall give prompt notice in a record of the discharge or withdrawal to all other parties.
(2) Notwithstanding the discharge or withdrawal of a collaborative family lawyer, a 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 representation of a party in the collaborative family law process.
(F) A collaborative family law process does not terminate if, with the consent of all parties, a party requests a court to approve a negotiated resolution of the matter or any portion of the matter as evidenced by a signed record.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3105 | Divorce, Alimony, Annulment, Dissolution of Marriage › Section 3105.45 | Representation by Collaborative Family Lawyer.

Effective:
March 22, 2013
Latest Legislation:
House Bill 461 - 129th General Assembly
(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 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 is disqualified from doing so under division (A) of this section.
(C) A collaborative family lawyer or a lawyer in a law firm with which the collaborative family lawyer is associated may represent a party for the following purposes:
(1) To ask a court to approve an agreement resulting from the collaborative family law process;
(2) To seek or defend an emergency order to protect the health, safety, welfare, or interests of a party or of a family or household member of a party if a successor lawyer is not immediately available to represent the party or family or household member of the party. If a successor lawyer is not immediately available to represent the party or family or household member of the party, divisions (A) and (B) of this section do not apply until a successor lawyer assumes representation of the party or family or household member of the party or reasonable measures are taken to protect the health, safety, welfare, or interests of the party or family or household member of the party.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3105 | Divorce, Alimony, Annulment, Dissolution of Marriage › Section 3105.46 | Informal Disclosure of Information.

Effective:
March 22, 2013
Latest Legislation:
House Bill 461 - 129th General Assembly
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.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3105 | Divorce, Alimony, Annulment, Dissolution of Marriage › Section 3105.47 | Applicability of Professional Responsibility Provisions.

Effective:
March 22, 2013
Latest Legislation:
House Bill 461 - 129th General Assembly
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.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3105 | Divorce, Alimony, Annulment, Dissolution of Marriage › Section 3105.48 | Confidentiality of Communications.

Effective:
March 22, 2013
Latest Legislation:
House Bill 461 - 129th General Assembly
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.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3105 | Divorce, Alimony, Annulment, Dissolution of Marriage › Section 3105.49 | Privileged Communications.

Effective:
March 22, 2013
Latest Legislation:
House Bill 461 - 129th General Assembly
(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 nonparty participant may refuse to disclose, and may prevent any other person from disclosing, a collaborative family law communication of the nonparty participant.
(C) Evidence or information that is otherwise admissible or subject to discovery does not become inadmissible or protected from discovery solely by reason of its disclosure or use in a collaborative family law process.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3105 | Divorce, Alimony, Annulment, Dissolution of Marriage › Section 3105.50 | Waiver of Privileges.

Effective:
March 22, 2013
Latest Legislation:
House Bill 461 - 129th General Assembly
(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 proceeding may not assert a privilege under section 3105.49 of the Revised Code relating to that communication.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3105 | Divorce, Alimony, Annulment, Dissolution of Marriage › Section 3105.52 | Effect of Finding of Intent to Make an Agreement.

Effective:
March 22, 2013
Latest Legislation:
House Bill 461 - 129th General Assembly
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 participating in a collaborative family law process. If a court makes such a finding, sections 3105.41 to 3105.54 of the Revised Code apply to the same extent as if the parties had entered into a valid collaborative family law participation agreement.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3105 | Divorce, Alimony, Annulment, Dissolution of Marriage › Section 3105.53 | Electronic Signatures.

Effective:
March 22, 2013
Latest Legislation:
House Bill 461 - 129th General Assembly
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).
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3105 | Divorce, Alimony, Annulment, Dissolution of Marriage › Section 3105.54 | Short Title.

Effective:
March 22, 2013
Latest Legislation:
House Bill 461 - 129th General Assembly
Sections 3105.41 to 3105.54 of the Revised Code may be cited as the "Ohio collaborative family law act."
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3105 | Divorce, Alimony, Annulment, Dissolution of Marriage › Section 3105.62 | Residency Requirement.

Effective:
June 13, 1990
Latest Legislation:
Senate Bill 25 - 118th General Assembly
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 into an action for dissolution of marriage pursuant to section 3105.08 of the Revised Code. For purposes of service of process, both parties in an action for dissolution of marriage shall be considered as defendants and subject to service of process as defendants pursuant to the Rules of Civil Procedure.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3105 | Divorce, Alimony, Annulment, Dissolution of Marriage › Section 3105.64 | Time of Court Appearance After Filing Petition.

Effective:
March 22, 2013
Latest Legislation:
House Bill 461 - 129th General Assembly
(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 spouse seeks dissolution of the marriage.
(B) If an action for divorce is converted to an action for dissolution of marriage pursuant to section 3105.08 of the Revised Code and if the conversion occurs more than thirty days after the filing of the original petition in the divorce action, the appearance and acknowledgement requirements of division (A) of this section may be satisfied at the time of the conversion or at a time that is not more than ninety days after the conversion.
(C) If a petition for dissolution is filed after the spouses have successfully completed a collaborative family law process pursuant to sections 3105.41 to 3105.54 of the Revised Code, the appearance and acknowledgement requirements of division (A) of this section may be satisfied at any time that is not more than ninety days after the filing of the petition.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3105 | Divorce, Alimony, Annulment, Dissolution of Marriage › Section 3105.65 | Power of Court.

Effective:
September 8, 2010
Latest Legislation:
House Bill 238 - 128th General Assembly
(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 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 incorporates the separation agreement. If the separation agreement contains a plan for the exercise of shared parenting by the spouses, the court shall review the plan in accordance with the provisions of division (D)(1) of section 3109.04 of the Revised Code that govern the review of a pleading or motion requesting shared parenting jointly submitted by both spouses to a marriage. A decree of dissolution of marriage has the same effect upon the property rights of the parties, including rights of dower and inheritance, as a decree of divorce. The court has full power to enforce its decree and retains jurisdiction to modify all matters pertaining to the allocation of parental rights and responsibilities for the care of the children, to the designation of a residential parent and legal custodian of the children, to child support, to parenting time of parents with the children, and to visitation for persons who are not the children's parents. The court, only in accordance with division (E)(2) of section 3105.18 of the Revised Code, may modify the amount or terms of spousal support. The court may modify the division of property provided in the separation agreement only upon the express written consent or agreement of both spouses.
(C) At any time before a decree of dissolution of marriage has been granted under division (B) of this section, either spouse may convert the action for dissolution of marriage into a divorce action by filing a motion with the court in which the action for dissolution of marriage is pending for conversion of the action for dissolution of marriage. The motion shall contain a complaint for divorce that contains grounds for a divorce and that otherwise complies with the Rules of Civil Procedure and this chapter. The divorce action then shall proceed in accordance with the Rules of Civil Procedure in the same manner as if the motion had been the original complaint in the action, including, but not limited to, the issuance and service of summons pursuant to Civil Rules 4 to 4.6, except that no court fees shall be charged upon conversion of the action for dissolution of marriage into a divorce action under this division.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3105 | Divorce, Alimony, Annulment, Dissolution of Marriage › Section 3105.71 | Prohibiting Cancellation of Health Insurance During Pendency Prior to Court Determination of Responsibility.

Effective:
June 4, 1997
Latest Legislation:
Senate Bill 67 - 122nd General Assembly
(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 terminate or cause the termination of such coverage for which the spouse and dependents would otherwise be eligible until the court determines that the party is no longer responsible for providing such health insurance coverage for that party's spouse and dependents.
(B) If the party responsible for providing health insurance coverage for that party's spouse and dependents under division (A) of this section fails to provide that coverage in accordance with that division, the court shall issue an order that includes all of the following:
(1) A requirement that the party make payment to that party's spouse in the amount of any premium that party failed to pay or contribution that party failed to make that resulted in that party's failure to provide health insurance coverage in compliance with division (A) of this section;
(2) A requirement that the party make payment to that party's spouse for reimbursement of any hospital, surgical, and medical expenses incurred as a result of that party's failure to comply with division (A) of this section;
(3) A requirement that, if the party fails to comply with divisions (B)(1) and (2) of this section, the employer of the party deduct from the party's earnings an amount necessary to make any payments required under divisions (B)(1) and (2) of this section.
(C) If the party responsible for providing health insurance coverage for that party's spouse and dependents under division (A) of this section cancels or otherwise terminates or causes the termination of such coverage for which the spouse and dependents would otherwise be eligible, the spouse may apply to the insurer, health insuring corporation, or other third-party payer that provided the coverage for a policy or contract of health insurance. The spouse and dependents shall have the same rights and be subject to the same limitations as a person applying for or covered under a converted or separate policy under section 3923.32 of the Revised Code upon the divorce, annulment, dissolution of marriage, or the legal separation of the spouse from the named insured.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3105 | Divorce, Alimony, Annulment, Dissolution of Marriage › Section 3105.73 | Award of Attorney's Fees and Litigation Expenses - Factors Considered - Payment.

Effective:
April 27, 2005
Latest Legislation:
House Bill 36 - 125th General Assembly
(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 the parties, and any other relevant factors the court deems appropriate.
(B) In any post-decree motion or proceeding that arises out of an action for divorce, dissolution, legal separation, or annulment of marriage or an appeal of that motion or proceeding, the 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' income, the conduct of the parties, and any other relevant factors the court deems appropriate, but it may not consider the parties' assets.
(C) The court may specify whether the award of attorney's fees and litigation expenses under this section is payable in gross or by installments. The court may make an award of attorney's fees and litigation expenses under this section in addition to making an award of attorney's fees and litigation expenses under any other provision of the Revised Code or of the Rules of Civil Procedure.
(D) Nothing in this section prevents an award of attorney's fees and litigation expenses from being designated as spousal support, as defined in section 3105.18 of the Revised Code.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3105 | Divorce, Alimony, Annulment, Dissolution of Marriage › Section 3105.80 | Property Division Orders Involving Public Retirement Program Definitions.

Effective:
January 7, 2013
Latest Legislation:
Senate Bill 343 - 129th General Assembly
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 Revised Code.
(B) "Benefit" means a periodic payment under a pension, annuity, allowance, or other type of benefit, other than a survivor benefit, that has been or may be granted to a participant under sections 742.01 to 742.61 or Chapter 145., 3307., 3309., or 5505. of the Revised Code or any payment that is to be made under a contract a participant has entered into for the purposes of an alternative retirement plan. "Benefit" also includes all amounts received or to be received under a plan of payment elected under division (E)(1) of section 145.46, division (B) of section 3307.60, or division (B)(4) of section 3309.46 of the Revised Code.
(C) "Lump sum payment" means a payment of accumulated contributions standing to a participant's credit under sections 742.01 to 742.61 or Chapter 145., 3307., 3309., or 5505. of the Revised Code or pursuant to a contract a participant has entered into for the purposes of an alternative retirement plan and any other payment made or that may be made to a participant under those sections or chapters on withdrawal of a participant's contributions. "Lump sum payment" includes a lump 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 Chapter 3305. of the Revised Code.
(E) "Personal history record" has the same meaning as in sections 145.27, 742.41, 3305.20, 3307.20, 3309.22, and 5505.04 of the Revised Code.
(F) "Public retirement program" means the public employees retirement system, Ohio police and fire pension fund, school employees retirement system, state teachers retirement system, state highway patrol retirement system, or an entity providing an alternative retirement plan under Chapter 3305. of the Revised Code.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3105 | Divorce, Alimony, Annulment, Dissolution of Marriage › Section 3105.81 | Order for Equitable Division of Property to Require Compliance With Provisions.

Effective:
January 1, 2002
Latest Legislation:
House Bill 535 - 123rd General Assembly
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 Revised Code.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3105 | Divorce, Alimony, Annulment, Dissolution of Marriage › Section 3105.82 | Requirements of Order.

Effective:
October 27, 2006
Latest Legislation:
House Bill 98 - 125th General Assembly
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 public retirement program that is potentially subject to the order;
(C) Set forth the names, social security numbers, and current addresses of the participant and alternate payee;
(D) Specify the amount to be paid to the alternate payee as one of the following:
(1) As both a monthly dollar amount should the participant elect a benefit and as a one-time payment should the participant elect a lump sum payment;
(2) As a percentage of a fraction determined as follows of a monthly benefit or lump sum payment:
(a) The numerator of the fraction shall be the number of years during which the participant was both a contributing member of a public retirement program and married to the alternate payee.
(b) The denominator, which shall be determined by the public retirement program at the time the participant elects to take the benefit or payment, shall be the participant's total years of service credit or, in the case of a participant in a retirement plan established under section 145.81, 3307.81, or 3309.81 or Chapter 3305. of the Revised Code, years of participation in the plan.
(E) If the participant is eligible for more than one benefit or lump sum payment, specify in accordance with division (D) of this section the amount, if any, to be paid to the alternate payee from each benefit or lump sum payment.
(F) Require an individual who is a participant or alternate payee to notify the public retirement program in writing of a change in the individual's mailing address;
(G) Notify the alternate payee of the following:
(1) The payee's right to payment under the order is conditional on the participant's right to a benefit payment or lump sum payment;
(2) The possible reduction under section 145.571, 742.462, 3307.371, 3309.671, or 5505.261 of the Revised Code of the amount paid to the alternate payee;
(3) The possible termination of the payee's rights as described in section 3105.86 of the Revised Code.
(H) Apply to payments made by the public retirement program after retention of an order under section 145.571, 742.462, 3305.21, 3307.371, 3309.671, or 5505.261 of the Revised Code.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3105 | Divorce, Alimony, Annulment, Dissolution of Marriage › Section 3105.821 | Monthly Benefit.

Effective:
January 1, 2002
Latest Legislation:
House Bill 535 - 123rd General Assembly
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 participant has applied for but is not yet receiving a monthly benefit, the monthly benefit shall be the benefit for which the participant is eligible;
(C) If the participant has not applied for a benefit, the monthly benefit shall be the benefit calculated at the time the participant elects to take it.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3105 | Divorce, Alimony, Annulment, Dissolution of Marriage › Section 3105.83 | Commencing Payments.

Effective:
January 1, 2002
Latest Legislation:
House Bill 535 - 123rd General Assembly
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 3105.81 of the Revised Code shall not require a public retirement program to take any action or provide any benefit, allowance, or payment not authorized under the law governing the public retirement program.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3105 | Divorce, Alimony, Annulment, Dissolution of Marriage › Section 3105.84 | Defraying Administrative Costs.

Effective:
January 1, 2002
Latest Legislation:
House Bill 535 - 123rd General Assembly
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 and the alternate payee.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3105 | Divorce, Alimony, Annulment, Dissolution of Marriage › Section 3105.85 | Limit on Withholding.

Effective:
January 1, 2002
Latest Legislation:
House Bill 535 - 123rd General Assembly
(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 more than one order described in section 3105.81 of the Revised Code, the public retirement program shall not withhold an aggregate amount for all the orders that exceeds fifty per cent of the benefit or lump sum payment.
(C) If a participant's benefit or lump sum payment is or will be subject to an order described in section 3105.81 of the Revised Code and one or more withholding orders under section 3111.23 or 3113.21 of the Revised Code, the public retirement program shall not withhold from a benefit or lump sum payment an aggregate amount for all orders described in section 3105.81 of the Revised Code that exceeds the difference between fifty per cent of the benefit or payment and the percentage of the benefit or payment that is or will be paid under orders described in section 3111.23 or 3113.21 of the Revised Code.
(D) The public retirement program that is or will be paying the benefit or lump sum payment shall act in accordance with section 145.571, 742.462, 3305.21, 3307.371, 3309.671, or 5505.261 of the Revised Code.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3105 | Divorce, Alimony, Annulment, Dissolution of Marriage › Section 3105.86 | Terminating Alternate Payee Rights.

Effective:
January 1, 2002
Latest Legislation:
House Bill 535 - 123rd General Assembly
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.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3105 | Divorce, Alimony, Annulment, Dissolution of Marriage › Section 3105.87 | Disclosing Participant's Personal History Record.

Effective:
October 16, 2009
Latest Legislation:
House Bill 1 - 128th General Assembly
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.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3105 | Divorce, Alimony, Annulment, Dissolution of Marriage › Section 3105.88 | Transmitting Order to Retirement Program.

Effective:
January 1, 2002
Latest Legislation:
House Bill 535 - 123rd General Assembly
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 required to administer the order.
The public retirement program shall retain an order in accordance with section 145.571, 742.462, 3305.21, 3307.371, 3309.671, or 5505.261 of the Revised Code.
If the public retirement program returns to the clerk of courts an order in accordance with section 145.571, 742.462, 3305.21, 3307.371, 3309.671, or 5505.261 of the Revised Code, the clerk of courts shall notify the counsel of record that the order was not retained by the public retirement program.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3105 | Divorce, Alimony, Annulment, Dissolution of Marriage › Section 3105.89 | Court Retains Jurisdiction - Modification of Orders.

Effective:
January 1, 2002
Latest Legislation:
House Bill 535 - 123rd General Assembly
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 3105.171 or 3105.65 of the Revised Code that was effective prior to the effective date of this section for the purpose of enforcing the order or carrying into effect the manifest intentions of the parties. A modified order must meet the requirements of section 3105.82 of the Revised Code.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3105 | Divorce, Alimony, Annulment, Dissolution of Marriage › Section 3105.90 | Form for Court Orders.

Effective:
January 1, 2002
Latest Legislation:
House Bill 535 - 123rd General Assembly
The state retirement systems, the Ohio state bar association, and the Ohio domestic relations judges association shall jointly create a form to be used by courts for orders described in section 3105.81 of the Revised Code. Each state retirement system shall, by rule adopted in accordance with section 111.15 of the Revised Code, adopt the form created under this section.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3105 | Divorce, Alimony, Annulment, Dissolution of Marriage › Section 3105.99 | Penalty.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
(A) Whoever violates section 3105.02 of the Revised Code shall be fined not less than twenty-five nor more than five hundred dollars or imprisoned not more than six months, or both.