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OH HB461
Bill
Status
3/22/2013
Primary Sponsor
Kevin Bacon
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AI Summary
HB 461 Summary
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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.
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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.
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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.
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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.
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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