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.
Structure Ohio Revised Code
Title 31 | Domestic Relations-Children
Chapter 3105 | Divorce, Alimony, Annulment, Dissolution of Marriage
Section 3105.01 | Divorce Causes.
Section 3105.011 | Jurisdiction Over Domestic Relations Matters.
Section 3105.02 | Prohibited Acts.
Section 3105.04 | Residence of Spouse.
Section 3105.06 | Notice of Pendency of Action by Publication When Residence Unknown.
Section 3105.08 | Converting Divorce Action Into Dissolution Action.
Section 3105.091 | Conciliation Procedures.
Section 3105.10 | Judgment - Separation Agreement.
Section 3105.12 | Proof of Marriage.
Section 3105.16 | Restoring Name Before Marriage.
Section 3105.17 | Complaint for Divorce or Legal Separation.
Section 3105.171 | Equitable Division of Marital and Separate Property - Distributive Award.
Section 3105.18 | Awarding Spousal Support - Modification of Spousal Support.
Section 3105.21 | Order for Disposition, Care and Maintenance of Children.
Section 3105.31 | Causes for Annulment.
Section 3105.32 | When Action for Annulment Must Be Commenced and by What Parties.
Section 3105.34 | Restoring Name Before Marriage.
Section 3105.41 | Definitions for Sections 3105.41 to 3105.54.
Section 3105.42 | Laws Applicable to Collaborative Family Law Participation Agreement.
Section 3105.43 | Collaborative Family Law Participation Agreements; Mandatory Inclusions.
Section 3105.44 | Collaborative Family Law Process.
Section 3105.45 | Representation by Collaborative Family Lawyer.
Section 3105.46 | Informal Disclosure of Information.
Section 3105.47 | Applicability of Professional Responsibility Provisions.
Section 3105.48 | Confidentiality of Communications.
Section 3105.49 | Privileged Communications.
Section 3105.50 | Waiver of Privileges.
Section 3105.51 | Communications Not Subject to Privilege.
Section 3105.52 | Effect of Finding of Intent to Make an Agreement.
Section 3105.53 | Electronic Signatures.
Section 3105.54 | Short Title.
Section 3105.61 | Jurisdiction.
Section 3105.62 | Residency Requirement.
Section 3105.63 | Separation Agreement Provisions.
Section 3105.64 | Time of Court Appearance After Filing Petition.
Section 3105.65 | Power of Court.
Section 3105.73 | Award of Attorney's Fees and Litigation Expenses - Factors Considered - Payment.
Section 3105.80 | Property Division Orders Involving Public Retirement Program Definitions.
Section 3105.81 | Order for Equitable Division of Property to Require Compliance With Provisions.
Section 3105.82 | Requirements of Order.
Section 3105.821 | Monthly Benefit.
Section 3105.83 | Commencing Payments.
Section 3105.84 | Defraying Administrative Costs.
Section 3105.85 | Limit on Withholding.
Section 3105.86 | Terminating Alternate Payee Rights.
Section 3105.87 | Disclosing Participant's Personal History Record.
Section 3105.88 | Transmitting Order to Retirement Program.
Section 3105.89 | Court Retains Jurisdiction - Modification of Orders.