Ohio law convert petition for divorce

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.

UNIFORM DOMESTIC RELATIONS FORMS

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. 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 Amended by rd General Assembly File No. Amended by nd General Assembly File No.

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.

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.

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Actions for legal separation shall be brought in the proper county for commencement of actions pursuant to the Rules of Civil Procedure. When a person files a petition for divorce or for legal separation, the residence of the spouse does not preclude the use of sections 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.

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 The action for dissolution of marriage then shall proceed in accordance with sections 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.

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 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. 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. 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.

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, , 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 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.

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 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;.

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. A As used in this section: 1 "Distributive award" means any payment or payments, in real or personal property, that are payable in a lump sum or over time, in fixed amounts, that are made from separate property or income, and that are not made from marital property and do not constitute payments of spousal support, as defined in section If the court selects dates that it considers equitable in determining marital property, "during the marriage" means the period of time between those dates selected and specified by the court.

B In divorce proceedings, the court shall, and in legal separation proceedings upon the request of either spouse, the court may, determine what constitutes marital property and what constitutes separate property. In either case, upon making such a determination, the court shall divide the marital and separate property equitably between the spouses, in accordance with this section. For purposes of this section, the court has jurisdiction over all property, excluding the social security benefits of a spouse other than as set forth in division F 9 of this section, in which one or both spouses have an interest.


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C 1 Except as provided in this division or division E of this section, the division of marital property shall be equal. If an equal division of marital property would be inequitable, the court shall not divide the marital property equally but instead shall divide it between the spouses in the manner the court determines equitable.

In making a division of marital property, the court shall consider all relevant factors, including those set forth in division F of this section. D Except as otherwise provided in division E of this section or by another provision of this section, the court shall disburse a spouse's separate property to that spouse. If a court does not disburse a spouse's separate property to that spouse, the court shall make written findings of fact that explain the factors that it considered in making its determination that the spouse's separate property should not be disbursed to that spouse.

E 1 The court may make a distributive award to facilitate, effectuate, or supplement a division of marital property. The court may require any distributive award to be secured by a lien on the payor's specific marital property or separate property. F In making a division of marital property and in determining whether to make and the amount of any distributive award under this section, the court shall consider all of the following factors: 1 The duration of the marriage;.

G In any order for the division or disbursement of property or a distributive award made pursuant to this section, the court shall make written findings of fact that support the determination that the marital property has been equitably divided and shall specify the dates it used in determining the meaning of "during the marriage. H Except as otherwise provided in this section, the holding of title to property by one spouse individually or by both spouses in a form of co-ownership does not determine whether the property is marital property or separate property.

I A division or disbursement of property or a distributive award made under this section is not subject to future modification by the court except upon the express written consent or agreement to the modification by both spouses. J The court may issue any orders under this section that it determines equitable, including, but not limited to, either of the following types of orders: 1 An order granting a spouse the right to use the marital dwelling or any other marital property or separate property for any reasonable period of time;.

Amended by st General Assembly File No. Amended by th General AssemblyFile No. Effective Date: ; HB A As used in this section, "spousal support" means any payment or payments to be made to a spouse or former spouse, or to a third party for the benefit of a spouse or a former spouse, that is both for sustenance and for support of the spouse or former spouse.

B In divorce and legal separation proceedings, upon the request of either party and after the court determines the division or disbursement of property under section During the pendency of any divorce, or legal separation proceeding, the court may award reasonable temporary spousal support to either party. An award of spousal support may be allowed in real or personal property, or both, or by decreeing a sum of money, payable either in gross or by installments, from future income or otherwise, as the court considers equitable.

Any award of spousal support made under this section shall terminate upon the death of either party, unless the order containing the award expressly provides otherwise. C 1 In determining whether spousal support is appropriate and reasonable, and in determining the nature, amount, and terms of payment, and duration of spousal support, which is payable either in gross or in installments, the court shall consider all of the following factors: a The income of the parties, from all sources, including, but not limited to, income derived from property divided, disbursed, or distributed under section D In an action brought solely for an order for legal separation under section E If a continuing order for periodic payments of money as alimony is entered in a divorce or dissolution of marriage action that is determined on or after May 2, , and before January 1, , or if a continuing order for periodic payments of money as spousal support is entered in a divorce or dissolution of marriage action that is determined on or after January 1, , the court that enters the decree of divorce or dissolution of marriage does not have jurisdiction to modify the amount or terms of the alimony or spousal support unless the court determines that the circumstances of either party have changed and unless one of the following applies: 1 In the case of a divorce, the decree or a separation agreement of the parties to the divorce that is incorporated into the decree contains a provision specifically authorizing the court to modify the amount or terms of alimony or spousal support.

F 1 For purposes of divisions D and E of this section and subject to division F 2 of this section, a change in the circumstances of a party includes, but is not limited to, any increase or involuntary decrease in the party's wages, salary, bonuses, living expenses, or medical expenses, or other changed circumstances so long as both of the following apply: a The change in circumstances is substantial and makes the existing award no longer reasonable and appropriate. Absent an agreement of the parties, the court shall not modify the continuing jurisdiction of the court as contained in the original decree.

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G If any person required to pay alimony under an order made or modified by a court on or after December 1, , and before January 1, , or any person required to pay spousal support under an order made or modified by a court on or after January 1, , is found in contempt of court for failure to make alimony or spousal 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 shall 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.

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 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 C Any court of common pleas that makes or modifies an order for child support under this section shall comply with Chapters If any person required to pay child support under an order made under this section on or after April 15, , or modified on or after December 1, , 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.

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 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;.

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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.

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 B For the cause mentioned in division B of section C For the cause mentioned in division C of section D For the cause mentioned in division D of section E For the cause mentioned in division E of section F For the cause mentioned in division F of section 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.

As used in sections A "Collaborative family law communication" means any statement that occurs after the parties sign a collaborative family law participation agreement and before the collaborative family law process is concluded and that is made for the purpose of conducting, participating in, continuing, or reconvening a collaborative law process. B "Collaborative family law participation agreement" means an agreement by persons to participate in a collaborative family law process.

C "Collaborative family law process" means a procedure intended to resolve a matter without intervention by a court in which parties sign a collaborative family law participation agreement and are represented by collaborative family lawyers. D "Collaborative family lawyer" means a lawyer who represents a party in a collaborative family law process but does not include a lawyer who is a public official and who does not represent individuals other than public officials in their official capacities.

E "Collaborative matter" or "matter" means a dispute, transaction, claim, problem, or issue for resolution that arises under Title XXXI of the Revised Code and is described in a collaborative family law participation agreement. The term includes a dispute, claim, or issue in a proceeding. F "Family or household member" has the same meaning as in section G "Law firm" means an association of lawyers who practice law together in a partnership, professional corporation, sole proprietorship, limited liability company, or other association, lawyers employed in a legal services organization, the legal department of a corporation or other organization, or the legal department of a government or governmental subdivision, agency, or instrumentality.

H "Nonparty participant" means a person, other than a party and the party's collaborative family lawyer, that the parties expressly designate in writing, in a collaborative family law participation agreement or an amendment to that agreement, to participate in a collaborative family law process.

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I "Party" means a person that signs a collaborative family law participation agreement and whose consent is necessary to resolve a matter. J "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.

K "Proceeding" means a judicial, administrative, arbitral, or other adjudicative process before a court, including related prehearing and posthearing motions, conferences, and discovery. L "Public official" means an officer or employee of the state or any political subdivision of the state. M "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. N "Related to a collaborative family law matter" or "related to a matter" means involving the same parties, transaction or occurrence, nucleus of operative fact, claim, issue, or dispute as a matter.

O "Sign" means, with present intent to authenticate or adopt a record, to do either of the following: 1 Execute or adopt a tangible symbol;. Added by th General AssemblyFile No. A Sections B A court may not order a party to participate in a collaborative family law process over that party's objection. 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 B Parties to a collaborative family law participation agreement may agree to include additional provisions not inconsistent with sections 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;.

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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. 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.