reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2969 | Recovery of Offender's Profits Fund; Crime Victims Recovery Fund › Section 2969.26 | Claim or Appeal Subject to Grievance System of Confining Institution.

Effective:
March 17, 1998
Latest Legislation:
Senate Bill 111 - 122nd General Assembly
(A) If an inmate commences a civil action or appeal against a government entity or employee and if the inmate's claim in the civil action or the inmate's claim in the civil action that is being appealed is subject to the grievance system for the state correctional institution, jail, workhouse, or violation sanction center in which the inmate is confined, the inmate shall file both of the following with the court:
(1) An affidavit stating that the grievance was filed and the date on which the inmate received the decision regarding the grievance.
(2) A copy of any written decision regarding the grievance from the grievance system.
(B) If the civil action or appeal is commenced before the grievance system process is complete, the court shall stay the civil action or appeal for a period not to exceed one hundred eighty days to permit the completion of the grievance system process.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2969 | Recovery of Offender's Profits Fund; Crime Victims Recovery Fund › Section 2969.27 | Deductions to Be Made Before Judgment for Damages Paid to Inmate or Inmate's Attorney.

Effective:
October 17, 1996
Latest Legislation:
House Bill 455 - 121st General Assembly
If an inmate commences a civil action or appeal against a government entity or employee and is granted a judgment for damages in the civil action or appeal, the court shall order that the following be deducted and paid from the award on a pro rata basis before any payment is made to the inmate or the inmate's counsel:
(A) Any fine, court costs, or court-ordered restitution imposed upon the inmate for an offense for which the inmate is confined or for any previous offense committed by the inmate;
(B) The amount of an award of reparations made under sections 2743.51 to 2743.71 of the Revised Code to a victim of the inmate relative to the offense for which the inmate is confined or any previous offense committed by the inmate;
(C) Any other award ordered by a court against the inmate in any other criminal or civil action or proceeding in any court in this state.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2971 | Sentencing of Sexually Violent Predators › Section 2971.02 | Sexually Violent Predator Specification May Be Determined by Court or Jury.

Effective:
April 29, 2005
Latest Legislation:
House Bill 473 - 125th General Assembly
In any case in which a sexually violent predator specification is included in the indictment, count in the indictment, or information charging a violent sex offense or a designated homicide, assault, or kidnapping offense and in which the defendant is tried by a jury, the defendant may elect to have the court instead of the jury determine the sexually violent predator specification.
If the defendant does not elect to have the court determine the sexually violent predator specification, the defendant shall be tried before the jury on the charge of the offense and, if the offense is a designated homicide, assault, or kidnapping offense, on the sexual motivation specification that is included in the indictment, count in the indictment, or information charging the offense. Following a verdict of guilty on the charge of the offense and, if the offense is a designated homicide, assault, or kidnapping offense, on the related sexual motivation specification, the defendant shall be tried before the jury on the sexually violent predator specification.
If the defendant elects to have the court determine the sexually violent predator specification, the defendant shall be tried before the jury on the charge of the offense and, if the offense is a designated homicide, assault, or kidnapping offense, on the sexual motivation specification that is included in the indictment, count in the indictment, or information charging the offense. Following a verdict of guilty on the charge of the offense and, if the offense if a designated homicide, assault, or kidnapping offense, on the related sexual motivation specification, the court shall conduct a proceeding at which it shall determine the sexually violent predator specification.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2981 | Forfeiture › Section 2981.02 | Property Subject to Forfeiture.

Effective:
March 22, 2019
Latest Legislation:
House Bill 497 - 132nd General Assembly
(A) (1) The following property is subject to forfeiture to the state or a political subdivision under either the criminal or delinquency process in section 2981.04 of the Revised Code or the civil process in section 2981.05 of the Revised Code:
(a) Contraband involved in an offense;
(b) Proceeds derived from or acquired through the commission of an offense;
(c) An instrumentality that is used in or intended to be used in the commission or facilitation of any of the following offenses when the use or intended use, consistent with division (B) of this section, is sufficient to warrant forfeiture under this chapter:
(i) A felony;
(ii) A misdemeanor, when forfeiture is specifically authorized by a section of the Revised Code or by a municipal ordinance that creates the offense or sets forth its penalties;
(iii) An attempt to commit, complicity in committing, or a conspiracy to commit an offense of the type described in divisions (A)(3)(a) and (b) of this section.
(2) In determining whether an alleged instrumentality was used in or was intended to be used in the commission or facilitation of an offense or an attempt, complicity, or conspiracy to commit an offense in a manner sufficient to warrant its forfeiture, the trier of fact shall consider the following factors the trier of fact determines are relevant:
(a) Whether the offense could not have been committed or attempted but for the presence of the instrumentality;
(b) Whether the primary purpose in using the instrumentality was to commit or attempt to commit the offense;
(c) The extent to which the instrumentality furthered the commission of, or attempt to commit, the offense.
(B) The property described in division (F)(2) of section 2917.211 of the Revised Code is subject to forfeiture under the criminal or delinquency process in section 2981.04 of the Revised Code, if the forfeiture is ordered by the court imposing sentence or an order of disposition.
(C) This chapter does not apply to or limit forfeitures under Title XLV of the Revised Code, including forfeitures relating to section 2903.06 or 2903.08 of the Revised Code.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2981 | Forfeiture › Section 2981.07 | Interference With or Diminishing Forfeitable Property.

Effective:
September 30, 2011
Latest Legislation:
House Bill 86 - 129th General Assembly
(A) No person shall destroy, damage, remove, or transfer property that is subject to forfeiture or otherwise take any action in regard to property that is subject to forfeiture with purpose to do any of the following:
(1) Prevent or impair the state's or political subdivision's lawful authority to take the property into its custody or control under this chapter or to continue holding the property under its lawful custody or control;
(2) Impair or defeat the court's continuing jurisdiction over the person and property;
(3) Devalue property that the person knows, or has reasonable cause to believe, is subject to forfeiture proceedings under this chapter.
(B)(1) Whoever violates this section is guilty of interference with or diminishing forfeitable property.
(2) Except as otherwise provided in divisions (B)(3), (4), and (5) of this section, interference with or diminishing forfeitable property is a misdemeanor of the first degree.
(3) If the value of the property is one thousand dollars or more but less than seven thousand five hundred dollars, interference with or diminishing forfeitable property is a felony of the fifth degree.
(4) If the value of the property is seven thousand five hundred dollars or more but less than one hundred fifty thousand dollars, interference with or diminishing forfeitable property is a felony of the fourth degree.
(5) If the value of the property is one hundred fifty thousand dollars or more, interference with or diminishing forfeitable property is a felony of the third degree.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2981 | Forfeiture › Section 2981.08 | Right to Trial by Jury.

Effective:
July 1, 2007
Latest Legislation:
House Bill 241 - 126th General Assembly
Parties to a forfeiture action under this chapter have a right to trial by jury as follows:
(A) In a criminal forfeiture action, the defendant has the right to trial by jury.
(B) In a civil forfeiture action, the defendant, the state or political subdivision, and third party claimants have the right to trial by jury.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2981 | Forfeiture › Section 2981.09 | Forfeiture of Property as Instrumentality Where Value Disproportionate.

Effective:
April 6, 2017
Latest Legislation:
House Bill 347 - 131st General Assembly
(A) Property may not be forfeited as an instrumentality under this chapter to the extent that the amount or value of the property is disproportionate to the severity of the offense. The state or political subdivision shall have the burden of going forward with the evidence and the burden to prove by clear and convincing evidence that the amount or value of the property subject to forfeiture is proportionate to the severity of the offense.
(B) Contraband and any proceeds obtained from the offense are not subject to proportionality review under this section.
(C) In determining the severity of the offense for purposes of forfeiture of an instrumentality, the court shall consider all relevant factors including, but not limited to, the following:
(1) The seriousness of the offense and its impact on the community, including the duration of the activity and the harm caused or intended by the person whose property is subject to forfeiture;
(2) The extent to which the person whose property is subject to forfeiture participated in the offense;
(3) Whether the offense was completed or attempted;
(4) The extent to which the property was used in committing the offense;
(5) The sentence imposed for committing the offense that is the basis of the forfeiture, if applicable.
(D) In determining the value of the property that is an instrumentality and that is subject to forfeiture, the court shall consider relevant factors including, but not limited to, the following:
(1) The fair market value of the property;
(2) The value of the property to the person whose property is subject to forfeiture, including hardship to the person or to innocent persons if the property were forfeited. The burden shall be on the person whose property is subject to forfeiture to show the value of the property to that person and any hardship to that person.
2023 Ohio Revised Code › Title 29 | Crimes-Procedure › Chapter 2981 | Forfeiture › Section 2981.14 | Forfeiture Under Federal Law; Disposition of Proceeds.

Effective:
April 6, 2017
Latest Legislation:
House Bill 347 - 131st General Assembly
(A) Subject to division (B) of this section, nothing in this chapter precludes the head of a law enforcement agency that seizes property from seeking forfeiture under federal law. If the property is forfeitable under this chapter and federal forfeiture is not sought, the property is subject only to this chapter.
(B) A law enforcement agency or prosecuting authority shall not directly or indirectly transfer or refer any property seized by the agency or authority to any federal law enforcement authority or other federal agency for purposes of forfeiture under federal law unless the value of the seized property exceeds o ne hundred thousand dollars, excluding the potential value of the sale of contraband, or the property is being transferred or referred for federal criminal forfeiture proceedings.
(C) Any law enforcement agency that receives moneys from a sale of forfeited property under federal law shall deposit, use, and account for the amounts, including any interest derived, in accordance with applicable federal law. If the state highway patrol or the investigative unit of the department of public safety receives such federal forfeiture moneys, the appropriate official shall deposit all interest or other earnings derived from the investment of the moneys into the highway patrol treasury contraband fund, the highway patrol justice contraband fund, the investigative unit treasury contraband fund, or the investigative unit justice contraband fund, whichever is appropriate.
(D) There is hereby created in the state treasury the highway patrol treasury contraband fund, the highway patrol justice contraband fund, the investigative unit treasury contraband fund, and the investigative unit justice contraband fund. Each fund shall consist of moneys received under division (C) of this section and shall be used in accordance with any federal or other requirements associated with moneys received.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3101 | Marriage › Section 3101.01 | Persons Who May Be Joined in Marriage - Minor to Obtain Consent.

Effective:
April 8, 2019
Latest Legislation:
House Bill 511 - 132nd General Assembly
(A) Except as provided in section 3101.02 of the Revised Code, only male persons of the age of eighteen years, and only female persons of the age of eighteen years, not nearer of kin than second cousins, and not having a husband or wife living, may be joined in marriage. A marriage may only be entered into by one man and one woman.
(B)(1) Any marriage between persons of the same sex is against the strong public policy of this state. Any marriage between persons of the same sex shall have no legal force or effect in this state and, if attempted to be entered into in this state, is void ab initio and shall not be recognized by this state.
(2) Any marriage entered into by persons of the same sex in any other jurisdiction shall be considered and treated in all respects as having no legal force or effect in this state and shall not be recognized by this state.
(3) The recognition or extension by the state of the specific statutory benefits of a legal marriage to nonmarital relationships between persons of the same sex or different sexes is against the strong public policy of this state. Any public act, record, or judicial proceeding of this state, as defined in section 9.82 of the Revised Code, that extends the specific statutory benefits of legal marriage to nonmarital relationships between persons of the same sex or different sexes is void ab initio. Nothing in division (B)(3) of this section shall be construed to do either of the following:
(a) Prohibit the extension of specific benefits otherwise enjoyed by all persons, married or unmarried, to nonmarital relationships between persons of the same sex or different sexes, including the extension of benefits conferred by any statute that is not expressly limited to married persons, which includes but is not limited to benefits available under Chapter 4117. of the Revised Code;
(b) Affect the validity of private agreements that are otherwise valid under the laws of this state.
(4) Any public act, record, or judicial proceeding of any other state, country, or other jurisdiction outside this state that extends the specific benefits of legal marriage to nonmarital relationships between persons of the same sex or different sexes shall be considered and treated in all respects as having no legal force or effect in this state and shall not be recognized by this state.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3101 | Marriage › Section 3101.02 | Condition of Consent by Juvenile Court for Persons Age Seventeen.

Effective:
April 8, 2019
Latest Legislation:
House Bill 511 - 132nd General Assembly
(A) If both persons to be joined in marriage are the age of seventeen years, they may be joined in marriage only if the juvenile court has filed a consent to the marriage under section 3101.04 of the Revised Code.
(B) If only one person is the age of seventeen years, that person may be joined in marriage only if both of the following apply:
(1) The juvenile court has filed a consent to the marriage under section 3101.04 of the Revised Code.
(2) The other person to be joined in marriage is not more than four years older.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3101 | Marriage › Section 3101.04 | Consent by Juvenile Court.

Effective:
April 8, 2019
Latest Legislation:
House Bill 511 - 132nd General Assembly
When the juvenile court files a consent to marriage pursuant to the juvenile rules, the probate court may issue a license not earlier than fourteen calendar days after the juvenile court files the consent, notwithstanding either or both the contracting parties for the marital relation are the age of seventeen years. The license shall not issue until section 3101.05 of the Revised Code has been complied with.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3101 | Marriage › Section 3101.041 | Determining Whether to File Consent.

Effective:
April 8, 2019
Latest Legislation:
House Bill 511 - 132nd General Assembly
In determining whether to file the consent under section 3101.04 of the Revised Code, the juvenile court shall do all of the following:
(A) Consult with any of the following for each party to the intended marriage who is seventeen years of age:
(1) A parent;
(2) A surviving parent;
(3) A parent who is designated the residential parent and legal custodian by a court of competent jurisdiction;
(4) A guardian;
(5) Either of the following who has been awarded permanent custody by a court exercising juvenile jurisdiction:
(a) An adult person;
(b) The department of job and family services or any child welfare organization certified by the department.
(B) Appoint an attorney as guardian ad litem for each party to the intended marriage who is seventeen years of age ;
(C) Determine all of the following:
(1) Each party to the intended marriage who is seventeen years of age has entered the armed services of the United States, has become employed and self-subsisting, or has otherwise become independent from the care and control of the party's parent, guardian, or custodian.
(2) For each party to the intended marriage who is seventeen years of age, the decision of that party to marry is free from force or coercion.
(3) The intended marriage and the emancipation under section 3101.042 of the Revised Code is in the best interests of each party to the intended marriage who is seventeen years of age.
Last updated September 27, 2023 at 1:20 PM
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3101 | Marriage › Section 3101.042 | Order Specifying That Party Has the Capacity of an Eighteen-Year-Old Person.

Effective:
April 8, 2019
Latest Legislation:
House Bill 511 - 132nd General Assembly
When the juvenile court files a consent to marriage pursuant to the juvenile rules, the court shall also issue an order regarding each party to the marriage who is seventeen years of age. The court order shall specify that the party has the capacity of an eighteen-year-old person as described in section 3109.011 of the Revised Code.
Last updated May 6, 2021 at 12:39 PM
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3101 | Marriage › Section 3101.051 | Deleting Social Security Numbers Prior to Inspecting Records.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
(A) Except as provided in division (B) of this section, a probate court shall make available to any person for inspection the records pertaining to the issuance of marriage licenses as provided under section 149.43 of the Revised Code.
(B) Before it makes available to a person any records pertaining to the issuance of a marriage license as described in division (A) of this section, subject to division (C) of this section, a probate court shall delete or otherwise remove any social security numbers of the parties to a marriage so that they are not available to the person inspecting the records.
(C) Division (B) of this section does not apply in any of the following circumstances:
(1) If the records in question are inspected by authorized personnel of the division of child support in the department of job and family services under section 5101.37 of the Revised Code;
(2) If the records in question are inspected by law enforcement personnel for purposes of a criminal investigation;
(3) If the records in question with the social security numbers are necessary for use in a civil or criminal trial and the release of the records with the social security numbers is ordered by a court with jurisdiction over the trial;
(4) If the records in question are inspected by either party to the marriage to which the records pertain;
(5) If the court possessed the records in question prior to the effective date of this section.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3101 | Marriage › Section 3101.06 | Denying License.

Effective:
April 9, 1981
Latest Legislation:
House Bill 965 - 113th General Assembly
No marriage license shall be granted when either of the applicants is under the influence of an intoxicating liquor or controlled substance or is infected with syphilis in a form that is communicable or likely to become communicable.
Last updated November 3, 2021 at 3:11 PM
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3101 | Marriage › Section 3101.07 | Expiration Date of License.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
No marriage license shall be effective nor shall it authorize the performance of a marriage ceremony after the expiration of sixty days from the date of issuance. This provision shall be printed on each license in prominent type.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3101 | Marriage › Section 3101.08 | Who May Solemnize Marriages.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
An ordained or licensed minister of any religious society or congregation within this state who is licensed to solemnize marriages, a judge of a county court in accordance with section 1907.18 of the Revised Code, a judge of a municipal court in accordance with section 1901.14 of the Revised Code, a probate judge in accordance with section 2101.27 of the Revised Code, the mayor of a municipal corporation anywhere within this state, the superintendent of Ohio deaf and blind education services, or any religious society in conformity with the rules of its church, may join together as husband and wife any persons who are not prohibited by law from being joined in marriage.
Last updated October 3, 2023 at 2:15 PM
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3101 | Marriage › Section 3101.09 | Prohibition.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
No person, except those legally authorized, shall attempt to solemnize a marriage, and no marriage shall be solemnized without the issuance of a license.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3101 | Marriage › Section 3101.10 | License to Solemnize Marriages.

Effective:
December 29, 2023
Latest Legislation:
Senate Bill 131 - 134th General Assembly
A minister upon producing to the secretary of state, credentials of the minister's being a regularly ordained or licensed minister of any religious society or congregation, shall be entitled to receive from the secretary of state a license authorizing the minister to solemnize marriages in this state so long as the minister continues as a regular minister in that society or congregation. A minister shall produce for inspection the minister's license to solemnize marriages upon demand of any party to a marriage at which the minister officiates or proposes to officiate or upon demand of any probate judge. The secretary of state shall issue a license to solemnize marriages in this state in accordance with Chapter 4796. of the Revised Code to a minister if either of the following applies:
(A) The minister holds a license in another state.
(B) The minister has satisfactory work experience, a government certification, or a private certification as described in that chapter as a minister who solemnizes marriages in a state that does not issue a license to solemnize marriages.
Last updated December 29, 2023 at 7:09 AM
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3101 | Marriage › Section 3101.11 | Recording License to Solemnize Marriages.

Effective:
June 4, 1976
Latest Legislation:
House Bill 740 - 111th General Assembly
The secretary of state shall enter the name of a minister licensed to solemnize marriages upon a record kept in the office of the secretary of state.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3101 | Marriage › Section 3101.12 | Evidence of Recording.

Effective:
June 4, 1976
Latest Legislation:
House Bill 740 - 111th General Assembly
When the name of a minister licensed to solemnized marriages is entered upon the record by the secretary of state, such record and the license issued under section 3101.10 of the Revised Code shall be evidence that such minister is authorized to solemnize marriages in this state.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3101 | Marriage › Section 3101.13 | Marriage Record.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
Except as otherwise provided in this section, a certificate of every marriage solemnized shall be transmitted by the authorized person solemnizing the marriage, within thirty days after the solemnization, to the probate judge of the county in which the marriage license was issued. If, in accordance with section 2101.27 of the Revised Code, a probate judge solemnizes a marriage and if the probate judge issued the marriage license to the husband and wife, the probate judge shall file a certificate of that solemnized marriage in the probate judge's office within thirty days after the solemnization. All of the transmitted and filed certificates shall be consecutively numbered and recorded in the order in which they are received.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3101 | Marriage › Section 3101.14 | Notice on License of Penalty for Failure to Return Certificate of Solemnized Marriage.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
Every marriage license shall have printed upon it in prominent type the notice that, unless the person solemnizing the marriage returns a certificate of the solemnized marriage to the probate court that issued the marriage license within thirty days after performing the ceremony, or, if the person solemnizing the marriage is a probate judge who is acting in accordance with section 2101.27 of the Revised Code and who issued the marriage license to the husband and wife, unless that probate judge files a certificate of the solemnized marriage in the probate judge's office within thirty days after the solemnization, the person or probate judge is guilty of a minor misdemeanor and, upon conviction, may be punished by a fine of fifty dollars. An envelope suitable for returning the certificate of marriage, and addressed to the proper probate court, shall be given with each license, except that this requirement does not apply if a marriage is to be solemnized by a probate judge who is acting in accordance with section 2101.27 of the Revised Code and who issued the marriage license to the husband and wife.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3101 | Marriage › Section 3101.15 | Applying to Correct Marriage Certificate.

Effective:
May 15, 1996
Latest Legislation:
House Bill 266 - 121st General Assembly
A person who is not a party to a marriage, when both parties to the marriage are deceased or otherwise unable to correct the certificate of marriage of the parties, and who claims that the facts stated in a certificate of marriage filed in this state are not true may file an application for correction of the certificate in the probate court of the county in which the certificate was filed.
In the application, the applicant shall set forth all of the available facts required on a certificate of marriage and the reasons for making the application, including the reason for the unavailability of the parties to the marriage. The applicant shall verify the application. On the filing of an application under this section, the court may fix a date for a hearing on the application. The date shall not be less than seven days after the filing date. The application shall be supported by the affidavit of at least one person having knowledge of the facts stated in the application, by documentary evidence, or by other evidence as the court considers sufficient. The probate judge may refuse to accept an affidavit or evidence that appears to be submitted for the purpose of falsifying the certificate of marriage. If the probate judge is satisfied that the facts are as stated, the judge shall make an order correcting the certificate of marriage and shall file it in the judge's office.
This section shall not apply to and shall not limit the ability of the parties to a marriage to correct a certificate of marriage in accordance with procedures followed by the probate court.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3101 | Marriage › Section 3101.99 | Penalty.

Effective:
April 11, 1991
Latest Legislation:
Senate Bill 3 - 118th General Assembly
(A) Whoever violates division (B) of section 3101.05 of the Revised Code is guilty of a violation of section 2921.13 of the Revised Code. Whoever violates any other provision of section 3101.05 of the Revised Code is guilty of a minor misdemeanor.
(B) Whoever violates section 3101.09 of the Revised Code shall be fined five hundred dollars and imprisoned not more than six months.
(C) Whoever violates section 3101.13 of the Revised Code shall be fined not more than fifty dollars.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3103 | Husband and Wife › Section 3103.03 | Married Persons' Obligations of Support.

Effective:
July 6, 2009
Latest Legislation:
Senate Bill 196 - 127th General Assembly
(A) Each married person must support the person's self and spouse out of the person's property or by the person's labor. If a married person is unable to do so, the spouse of the married person must assist in the support so far as the spouse is able. The biological or adoptive parent of a minor child must support the parent's minor children out of the parent's property or by the parent's labor.
(B) Notwithstanding section 3109.01 of the Revised Code and to the extent provided in section 3119.86 of the Revised Code, the parental duty of support to children shall continue beyond the age of majority as long as the child continuously attends on a full-time basis any recognized and accredited high school. That duty of support shall continue during seasonal vacation periods.
(C) If a married person neglects to support the person's spouse in accordance with this section, any other person, in good faith, may supply the spouse with necessaries for the support of the spouse and recover the reasonable value of the necessaries supplied from the married person who neglected to support the spouse unless the spouse abandons that person without cause.
(D) If a parent neglects to support the parent's minor child in accordance with this section and if the minor child in question is unemancipated, any other person, in good faith, may supply the minor child with necessaries for the support of the minor child and recover the reasonable value of the necessaries supplied from the parent who neglected to support the minor child.
(E) If a decedent during the decedent's lifetime has purchased an irrevocable preneed funeral contract pursuant to section 4717.34 of the Revised Code, then the duty of support owed to a spouse pursuant to this section does not include an obligation to pay for the funeral expenses of the deceased spouse. This division does not preclude a surviving spouse from assuming by contract the obligation to pay for the funeral expenses of the deceased spouse.
Last updated October 3, 2023 at 2:37 PM
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3103 | Husband and Wife › Section 3103.031 | Assuming Parental Duty of Support.

Effective:
March 22, 2001
Latest Legislation:
Senate Bill 180 - 123rd General Assembly
A biological parent of a child, a man determined to be the natural father of a child under sections 3111.01 to 3111.18 or 3111.20 to 3111.85 of the Revised Code, a parent who adopts a minor child pursuant to Chapter 3107. of the Revised Code, or a parent whose signed acknowledgment of paternity has become final pursuant to section 2151.232, 3111.25, or 3111.821 of the Revised Code assumes the parental duty of support for that child. Notwithstanding section 3109.01 of the Revised Code and to the extent provided in section 3119.86 of the Revised Code, the parental duty of support to the child shall continue beyond the age of majority as long as the child continuously attends on a full-time basis any recognized and accredited high school. That duty of support shall continue during seasonal vacation periods.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3103 | Husband and Wife › Section 3103.04 | Interest in the Property of the Other.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Neither husband nor wife has any interest in the property of the other, except as mentioned in section 3103.03 of the Revised Code, the right to dower, and the right to remain in the mansion house after the death of either. Neither can be excluded from the other's dwelling, except upon a decree or order of injunction made by a court of competent jurisdiction.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3103 | Husband and Wife › Section 3103.05 | Contracts.

Effective:
March 23, 2023
Latest Legislation:
Senate Bill 210 - 134th General Assembly
(A) A husband or wife may enter into any agreement or transaction with either of the following:
(1) The other spouse, subject to the general rules that control the actions of persons occupying the confidential relations with each other;
(2) With any other person, which either might if unmarried.
(B) An agreement under division (A)(1) of this section that alters the legal relations between the spouses shall comply with section 3103.061 of the Revised Code.
Last updated February 8, 2023 at 12:54 PM
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3103 | Husband and Wife › Section 3103.06 | Contracts Affecting Marriage.

Effective:
March 23, 2023
Latest Legislation:
Senate Bill 210 - 134th General Assembly
(A) A husband and wife may, by any contract with each other, do any of the following:
(1) Enter into a postnuptial agreement that alters their legal relations with each other;
(2) Modify or terminate an antenuptial or postnuptial agreement or any other agreement that alters their legal relations with each other;
(3) Agree to an immediate separation and make provisions for the division of property and support of either of them and their children during the separation.
(B) An agreement under division (A)(1) or (2) of this section shall comply with section 3103.061 of the Revised Code.
Last updated February 8, 2023 at 12:55 PM
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3103 | Husband and Wife › Section 3103.061 | Requirements for Agreements Altering Legal Relations Between Spouses.

Effective:
March 23, 2023
Latest Legislation:
Senate Bill 210 - 134th General Assembly
Any agreement altering legal relations between spouses established under division (A)(1) of section 3103.05 or division (A)(1) or (2) of section 3103.06 of the Revised Code shall be valid and enforceable, with or without consideration, if all of the following apply:
(A) The agreement is in writing and signed by both spouses ;
(B) The agreement is entered into freely without fraud, duress, coercion, or overreaching ;
(C) There was full disclosure, or full knowledge, and understanding of the nature, value, and extent of the property of both spouses ;
(D) The terms do not promote or encourage divorce or profiteering by divorce.
Last updated February 8, 2023 at 5:27 PM
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3105 | Divorce, Alimony, Annulment, Dissolution of Marriage › Section 3105.01 | Divorce Causes.

Effective:
October 6, 1994
Latest Legislation:
House Bill 571 - 120th General Assembly
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 contract;
(F) Any gross neglect of duty;
(G) Habitual drunkenness;
(H) Imprisonment of the adverse party in a state or federal correctional institution at the time of filing the complaint;
(I) Procurement of a divorce outside this state, by a husband or wife, by virtue of which the party who procured it is released from the obligations of the marriage, while those obligations remain binding upon the other party;
(J) On the application of either party, when husband and wife have, without interruption for one year, lived separate and apart without cohabitation;
(K) Incompatibility, unless denied by either party.
A plea of res judicata or of recrimination with respect to any provision of this section does not bar either party from obtaining a divorce on this ground.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3105 | Divorce, Alimony, Annulment, Dissolution of Marriage › Section 3105.011 | Jurisdiction Over Domestic Relations Matters.

Effective:
October 17, 2019
Latest Legislation:
House Bill 166 - 133rd General Assembly
(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 and jurisdiction do not exist with respect to any such matter.
(B) For purposes of this section, "domestic relations matters" means both of the following:
(1) Any matter committed to the jurisdiction of the division of domestic relations of common pleas courts under section 2301.03 of the Revised Code, as well as a complaint for child support and allocation of parental rights and responsibilities, including the enforcement and modification of such orders;
(2) Actions and proceedings under Chapters 3105., 3109., 3111., 3113., 3115., 3119., 3121., 3123., 3125., and 3127. of the Revised Code, actions pursuant to section 2151.231 of the Revised Code, all actions removed from the jurisdiction of the juvenile court pursuant to section 2151.233 of the Revised Code, and all matters transferred by the juvenile court pursuant to section 2151.235 of the Revised Code.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3105 | Divorce, Alimony, Annulment, Dissolution of Marriage › Section 3105.02 | Prohibited Acts.

Effective:
August 1, 1975
Latest Legislation:
House Bill 370 - 111th General Assembly
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, either in this state or elsewhere. This section does not apply to the printing or publishing of a notice or advertisement authorized by law.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3105 | Divorce, Alimony, Annulment, Dissolution of Marriage › Section 3105.03 | Venue.

Effective:
January 1, 1991
Latest Legislation:
House Bill 514 - 118th General Assembly
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 Civil Procedure. The court of common pleas shall hear and determine the case, whether the marriage took place, or the cause of divorce or annulment occurred, within or without the state.
Actions for legal separation shall be brought in the proper county for commencement of actions 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 3105.04 | Residence of Spouse.

Effective:
January 1, 1991
Latest Legislation:
House Bill 514 - 118th General Assembly
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.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3105 | Divorce, Alimony, Annulment, Dissolution of Marriage › Section 3105.06 | Notice of Pendency of Action by Publication When Residence Unknown.

Effective:
January 1, 1991
Latest Legislation:
House Bill 514 - 118th General Assembly
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 provided by the Rules of Civil Procedure.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3105 | Divorce, Alimony, Annulment, Dissolution of Marriage › Section 3105.08 | Converting Divorce Action Into Dissolution Action.

Effective:
June 13, 1990
Latest Legislation:
Senate Bill 25 - 118th General Assembly
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 shall contain a petition for dissolution of marriage that satisfies the requirements of section 3105.63 of the Revised Code. The action for dissolution of marriage then shall proceed in accordance with sections 3105.61 to 3105.65 of the Revised Code with both spouses designated as petitioners. No court fees or costs normally charged upon the filing of an action shall be charged upon the conversion of the action for divorce into an action for dissolution of marriage under this section.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3105 | Divorce, Alimony, Annulment, Dissolution of Marriage › Section 3105.091 | Conciliation Procedures.

Effective:
April 11, 1991
Latest Legislation:
Senate Bill 3 - 118th General Assembly
(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 motion of one of the parties, may order the parties to undergo conciliation for the period of time not exceeding ninety days as the court specifies, and, if children are involved in the proceeding, the court may order the parties to take part in family counseling during the course of the proceeding or for any reasonable period of time as directed by the court. An order requiring conciliation shall set forth the conciliation procedure and name the conciliator. The conciliation procedures may include without limitation referrals to the conciliation judge as provided in Chapter 3117. of the Revised Code, public or private marriage counselors, family service agencies, community health services, physicians, licensed psychologists, or clergymen. The court, in its order requiring the parties to undergo family counseling, may name the counselor and shall set forth the required type of counseling, the length of time for the counseling, and any other specific conditions required by it. The court shall direct and order the manner in which the costs of any conciliation procedures and of any family counseling are to be paid.
(B) No action for divorce, annulment, or legal separation, in which conciliation or family counseling has been ordered, shall be heard or decided until the conciliation or family counseling has concluded and been reported to the court.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3105 | Divorce, Alimony, Annulment, Dissolution of Marriage › Section 3105.10 | Judgment - Separation Agreement.

Effective:
January 1, 1991
Latest Legislation:
House Bill 514 - 118th General Assembly
(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 agreement providing for the support of children eighteen years of age or older is enforceable by the court of common pleas.
(2) A separation agreement that was voluntarily entered into by the parties may be enforceable by the court of common pleas upon the motion of either party to the agreement, if the court determines that it would be in the interests of justice and equity to require enforcement of the separation agreement.
(3) If a court of common pleas has a division of domestic relations, all cases brought for enforcement of a separation agreement under division (B)(1) or (2) of this section shall be assigned to the judges of that division.
(C) A plea of condonation or recrimination is not a bar to a divorce.
(D) Upon the granting of a divorce, on a complaint or counterclaim, by force of the judgment, each party shall be barred of all right of dower in real estate situated within this state of which the other was seized at any time during coverture.
(E) Upon the granting of a judgment for legal separation, when by the force of the judgment real estate is granted to one party, the other party is barred of all right of dower in the real estate and the court may provide that each party shall be barred of all rights of dower in the real estate acquired by either party at any time subsequent to the judgment.
"Dower" as used in this section has the meaning set forth in section 2103.02 of the Revised Code.