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OH HB238

Bill

Status

Passed

9/8/2010

Primary Sponsor

Denise Driehaus

Click for details

Origin

House of Representatives

128th General Assembly (2009-2010)

AI Summary

HB 238 Summary

  • Creates Putnam County Municipal Court (effective January 1, 2011) and Montgomery County Municipal Court (effective July 1, 2010), abolishing their respective county courts and transferring all pending cases, employees, and records to the new municipal courts.

  • Requires spouses in divorce and legal separation proceedings to fully disclose all marital property, separate property, assets, debts, income, and expenses; classifies nondisclosure as financial misconduct and permits courts to award up to three times the value of undisclosed property to the offended spouse.

  • Permits modification of property division in divorce or dissolution decrees only upon express written consent or agreement of both spouses; removes prohibition on municipal and county court judges receiving life insurance coverage from political subdivisions.

  • Changes Chardon, Lyndhurst, and Miamisburg Municipal Court judges from part-time to full-time positions; prohibits county court judges from retaining fees for performing marriage ceremonies.

  • Makes deputy sheriffs of Putnam County ex officio deputy bailiffs of the Putnam County Municipal Court; removes statutory notice about firearm possession restrictions from certain protection orders and modifies notice language for domestic violence temporary protection orders.

Legislative Description

To require the court in divorce or legal separation proceedings to require the spouses to fully disclose their assets and to include nondisclosure of assets as financial misconduct, to permit a court to modify a division of property in a divorce decree or decree of dissolution of marriage upon the express written consent or agreement of both spouses, to eliminate the prohibition against a municipal or county court judge being eligible for life insurance coverage from a county or other political subdivision, to change the statutory designation of the Chardon, Lyndhurst, and Miamisburg Municipal Court judges from part-time to full-time judges, to prohibit a county court judge from retaining a fee for performing a marriage ceremony, to remove the statutorily required notice regarding possessing or purchasing a firearm when subject to certain nondomestic violence protection orders issued as a pretrial condition of release, to modify the notice requirements regarding possessing or purchasing a firearm when subject to a domestic violence-related temporary protection order, to create the Putnam County Municipal Court in Ottawa on January 1, 2011, to establish one full-time judgeship in that court, to provide for the nomination of the judge by petition only, to abolish the Putnam County County Court on that date, to designate the Putnam County Clerk of Courts as the clerk of the Putnam County Municipal Court, to provide for the election for the Putnam County Municipal Court of one full-time judge in 2011, to make deputy sheriffs ex officio bailiffs of municipal courts, to create the Montgomery County Municipal Court on July 1, 2010; to abolish the Montgomery County County Court on that date; to designate the Montgomery County Clerk of Courts as the Clerk of the Montgomery County Municipal Court; to provide for the election for the Montgomery County Municipal Court of one full-time judge and one part-time judge in 2011 and one full-time and one part-time judge in 2013; and to abolish one of the four judgeships by December 31, 2015, and one of the remaining three judgeships by December 31, 2021.

Spousal separation-disclose all assets

Last Action

Effective Date

9/8/2010

Full Bill Text

No bill text available