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.
Notes of Decisions
Cited in 11
cases (1 in the last 5 years), 1953–2022 · leading case: McInnis v. Hyatt Legal Clinics, 461 N.E.2d 1295 (Ohio 1984).
McInnis v. Hyatt Legal Clinics, 461 N.E.2d 1295 (Ohio 1984). “Appellants argue that an attorney cannot commit legal malpractice when he complies with the notice provision of R.C. 3105.06, which pertains to service by publication.”
Johnson v. Johnson, 621 N.E.2d 530 (Ohio Ct. App. 1993). · cites it 5דOn the basis of this contention, he further contends that because Ohio permits service by publication upon domestic relations defendants who are not residents of Ohio, Ohio must afford full faith and credit to the Illinois decree that issued after mere publication service upon…”
Demianczuk v. Demianczuk, 485 N.E.2d 785 (Ohio Ct. App. 1984). “R.C. 3105.06 authorizes service by publication for divorce proceedings when the defendant’s residence is unknown.”
State ex rel. Blevins v. Mowrey, 543 N.E.2d 99 (Ohio 1989). · cites it 2דR.C. 3105.06 3 and Civ. R. 4.4. However, the relator has been found by the trial court to be indigent and she cannot afford to pay for service of process by publication.”
Ferrie v. Ferrie, 440 N.E.2d 1229 (Ohio Ct. App. 1981). “The service of process on an out of state defendant in a divorce action is provided for in R.C. 3105.06 which states that if the defendant is not a resident of this state, notice shall be given by publication as provided by the Civil Rules.”
Zatko v. Zatko, 136 N.E.2d 358 (Ohio Ct. App. 1953). · cites it 4דIt is to be observed that the “having due regard” clause in Section 3105.06, Revised Code, is omitted in Section 3105.”
Torres v. Torres, 447 N.E.2d 1318 (Ohio Ct. App. 1982). · cites it 2דR.C. 3105.06; 2 Civ. R. 4.4(A). 3 Because Mrs.”
Lelak v. Lelak, 2022-Ohio-3458. “05 (which refers to contracts that parties enter into during marriage and imposes a confidential relationship) and R.C. 3105.06 (which refers to separation agreements and does not impose such a relationship).”
Rolls v. Rolls, 223 N.E.2d 604 (Ohio 1967). · cites it 2דJurisdiction over the nonresident defendant was obtained pursuant to Section 3105.06, Revised Code. The defendant by her answer consented to the jurisdiction of the court.”
Draper v. Draper, 151 N.E.2d 379 (Ohio Ct. App. 1958). “Further, that the plaintiff did know the defendant’s address at the time of the filing of his petition or could have with reasonable diligence ascertained same and that the defendant has not been properly served by publication as required by Statute, §3105.06 R. C.” With…”
Gehelo v. Gehelo, 160 Ohio St. (N.S.) 243 (Ohio 1953). · cites it 4דThereafter on January 2, 1952, the husband filed an affidavit for service of summons on the wife by publication, and the statutory publication for sis consecutive weeks was commenced as now provided by Section 8003-7, General Code, Section 3105.06, Revised Code. Part of this…”
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