Loading chat...

OH HB461

Bill

Status

Passed

3/22/2013

Primary Sponsor

Kevin Bacon

Click for details

Origin

House of Representatives

129th General Assembly (2011-2012)

AI Summary

HB 461 Summary

  • Establishes the Ohio Collaborative Family Law Act (sections 3105.41-3105.54) to provide a voluntary, non-litigation process for resolving family law disputes when parties sign a participation agreement and are represented by collaborative family lawyers.

  • Prohibits collaborative family lawyers from appearing in court on related matters if the collaborative process fails, unless seeking to approve a settlement agreement or protecting a party's health and safety in an emergency.

  • Creates privilege protecting collaborative family law communications from discovery and admissibility in proceedings, with exceptions for public records, threats/crimes, and certain family law disputes involving abuse or neglect.

  • Clarifies attorney-client privilege in section 2317.02 to specify that privilege is waived when a client voluntarily reveals attorney-client communications in a non-privileged context, rather than just by testifying.

  • Modifies spousal support modification standards in section 3105.18 to require that changed circumstances be substantial, not previously considered, and to direct courts to honor parties' voluntary agreements and respect original jurisdictional limits unless parties agree otherwise.

Legislative Description

To establish a statutory collaborative family law process to aid in the resolution of family law disputes, to clarify when an order of spousal support may be modified, and to clarify the circumstances under which a client's statements may compel an attorney to testify regarding attorney-client communications.

Family law disputes-collaborative family process to resolve

Last Action

Effective Date

3/22/2013

Full Bill Text

No bill text available