(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.
(2) A separation agreement that was voluntarily entered into by the parties may be enforceable by the court of common pleas upon the motion of either party to the agreement, if the court determines that it would be in the interests of justice and equity to require enforcement of the separation agreement.
(3) If a court of common pleas has a division of domestic relations, all cases brought for enforcement of a separation agreement under division (B)(1) or (2) of this section shall be assigned to the judges of that division.
(C) A plea of condonation or recrimination is not a bar to a divorce.
(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.
"Dower" as used in this section has the meaning set forth in section 2103.02 of the Revised Code.
Notes of Decisions
Cited in 32
cases (6 in the last 5 years), 1954–2026 · leading case: State ex rel. Heyside v. Calabrese, 2022 Ohio 1245 (Ohio Ct. App. 2022).
State ex rel. Heyside v. Calabrese, 2022 Ohio 1245 (Ohio Ct. App. 2022). · cites it 12דR.C. 3105.10, titled “[a]nswer, hearing, and judgment,” provides in part, (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…”
Thomasson v. Thomasson (Slip Opinion), 2018 Ohio 2417 (Ohio 2018). · cites it 2ד10(B)(1); see also R.C. 3105.10(B)(2) (providing for judicial enforcement of parties’ separation agreement); Greiner v.”
Schneider v. Schneider, 674 N.E.2d 769 (Ohio Ct. App. 1996). · cites it 4דR.C. 3105.10(B)(2) provides the authority for a court to enforce separation agreements.”
Adams v. Adams, 2018 Ohio 944 (Ohio Ct. App. 2018). · cites it 6ד{¶ 17} The separation agreement contains the following relevant paragraphs in Section 24: The parties acknowledge that they have two adult children, to wit: Zachary and Joshua.”
Hahn v. Hahn, 2012 Ohio 2001 (Ohio Ct. App. 2012). · cites it 3דAccord R.C. 3105.10(B)(2) (“A separation agreement that was voluntarily entered into by the parties may be enforceable by the court * * * upon the motion of either party to the agreement, if the court determines that it would be in the interests of justice and equity to require…”
Golan-Elliott v. Elliott, 2017 Ohio 8524 (Ohio Ct. App. 2017). · cites it 2ד{¶18} However, “R.C. 3105.10(B)(2) provides the authority for trial courts to enforce a separation agreement, stating: ‘a separation agreement that was -10- Case No.”
Kell v. Verderber, 2013 Ohio 4223 (Ohio Ct. App. 2013). · cites it 2ד” Additionally, R.C. 3105.10(B)(2) states that “[a] separation agreement that was voluntarily entered into by the parties may be enforceable by the court of common pleas upon the motion of either party to the agreement, if the court determines that it would be in the interests…”
Condit v. Condit, 943 N.E.2d 1041 (Ohio Ct. App. 2010). “To the contrary, R.C. 3105.10(A) provides that “[t]he court of common pleas shall hear any of the causes for divorce * * * 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…”
Thomas v. Thomas, 449 N.E.2d 478 (Ohio Ct. App. 1982). “(See R.C. 3105.10[D].) For the reasons set forth herein-above, we hereby specifically overrule appellant’s third assignment of error.”
Rohrbacher v. Rohrbacher, 615 N.E.2d 338 (Ohio Ct. App. 1992). “See, also, R.C. 3105.10(B). In the case at bar, the original order of the court issued in 1977 was never modified.”
Rainer v. Rainer, 2012 Ohio 6268 (Ohio Ct. App. 2012). · cites it 4דFirst, under R.C. 3105.10(B)(2), the court has the discretion of adopting a negotiated separation agreement if, in the court's opinion, “it would be in the interests of justice and equity”.”
Snell v. Snell, 2014 Ohio 3285 (Ohio Ct. App. 2014). “See also R.C. 3105.10(B)(2). Additionally, “[a] separation agreement that is the product of duress will be held to be unenforceable.”
Condit v. Condit, 943 N.E.2d 1041 (Ohio Ct. App. 2010). “To the contrary, R.C. 3105.10(A) provides that “[t]he court of common pleas shall hear any of the causes for divorce * * * 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…”
Adams v. Adams, 2018 Ohio 944 (Ohio Ct. App. 2018). “{¶ 17} The separation agreement contains the following relevant paragraphs in Section 24: The parties acknowledge that they have two adult children, to wit: Zachary and Joshua.”
Rohrbacher v. Rohrbacher, 615 N.E.2d 338 (Ohio Ct. App. 1992). “See, also, R.C. 3105.10(B). In the case at bar, the original order of the court issued in 1977 was never modified.”
State ex rel. Heyside v. Calabrese, 2022 Ohio 1245 (Ohio Ct. App. 2022). “R.C. 3105.10, titled “[a]nswer, hearing, and judgment,” provides in part, (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…”
Adams v. Adams, 2018 Ohio 944 (Ohio Ct. App. 2018). “{¶ 17} The separation agreement contains the following relevant paragraphs in Section 24: The parties acknowledge that they have two adult children, to wit: Zachary and Joshua.”
State ex rel. Heyside v. Calabrese, 2022 Ohio 1245 (Ohio Ct. App. 2022). “R.C. 3105.10, titled “[a]nswer, hearing, and judgment,” provides in part, (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…”
— Ohio Rev. Code § 3105.10(B)(2) — 12 cases
Thomasson v. Thomasson (Slip Opinion), 2018 Ohio 2417 (Ohio 2018). “10(B)(1); see also R.C. 3105.10(B)(2) (providing for judicial enforcement of parties’ separation agreement); Greiner v.”
Schneider v. Schneider, 674 N.E.2d 769 (Ohio Ct. App. 1996). “R.C. 3105.10(B)(2) provides the authority for a court to enforce separation agreements.”
Hahn v. Hahn, 2012 Ohio 2001 (Ohio Ct. App. 2012). “Accord R.C. 3105.10(B)(2) (“A separation agreement that was voluntarily entered into by the parties may be enforceable by the court * * * upon the motion of either party to the agreement, if the court determines that it would be in the interests of justice and equity to require…”
Golan-Elliott v. Elliott, 2017 Ohio 8524 (Ohio Ct. App. 2017). “{¶18} However, “R.C. 3105.10(B)(2) provides the authority for trial courts to enforce a separation agreement, stating: ‘a separation agreement that was -10- Case No.”
State ex rel. Heyside v. Calabrese, 2022 Ohio 1245 (Ohio Ct. App. 2022). “R.C. 3105.10, titled “[a]nswer, hearing, and judgment,” provides in part, (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…”
— Ohio Rev. Code § 3105.10(B)(3) — 3 cases
State ex rel. Heyside v. Calabrese, 2022 Ohio 1245 (Ohio Ct. App. 2022). “R.C. 3105.10, titled “[a]nswer, hearing, and judgment,” provides in part, (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…”
Kell v. Verderber, 2013 Ohio 4223 (Ohio Ct. App. 2013). “” Additionally, R.C. 3105.10(B)(2) states that “[a] separation agreement that was voluntarily entered into by the parties may be enforceable by the court of common pleas upon the motion of either party to the agreement, if the court determines that it would be in the interests…”
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