(A) Except as provided in division (B) or (C) of this section, not less than thirty nor more than ninety days after the filing of a petition for dissolution of marriage, both spouses shall appear before the court, and each spouse shall acknowledge under oath that that spouse voluntarily entered into the separation agreement appended to the petition, that that spouse is satisfied with its terms, and that that spouse seeks dissolution of the marriage.
(B) If an action for divorce is converted to an action for dissolution of marriage pursuant to section 3105.08 of the Revised Code and if the conversion occurs more than thirty days after the filing of the original petition in the divorce action, the appearance and acknowledgement requirements of division (A) of this section may be satisfied at the time of the conversion or at a time that is not more than ninety days after the conversion.
(C) If a petition for dissolution is filed after the spouses have successfully completed a collaborative family law process pursuant to sections 3105.41 to 3105.54 of the Revised Code, the appearance and acknowledgement requirements of division (A) of this section may be satisfied at any time that is not more than ninety days after the filing of the petition.
Notes of Decisions
Cited in 10
cases (2 in the last 5 years), 1981–2022 · leading case: Ashley v. Ashley, 439 N.E.2d 911 (Ohio Ct. App. 8th Dist. 1981).
Ashley v. Ashley, 439 N.E.2d 911 (Ohio Ct. App. 8th Dist. 1981). · cites it 4דSee R.C. 3105.64 and 3105.65. While R.C. 3105.”
Damschroeder v. Williams (In re Williams), 398 B.R. 464 (Bankr. N.D. Ohio 2008). · cites it 2ד” O.R.C. § 3105.64(A). It is further provided by statute that, “[i]f, at the time of the hearing, either spouse is not satisfied with the separation agreement .”
In re Murphy, 461 N.E.2d 910 (Ohio Ct. App. 1st Dist. 1983). “” R.C. 3105.64 (time of court appearance after filing petition): “Not less than thirty nor more than ninety days after the filing of a petition for dissolution of marriage, both spouses shall appear before the court and each spouse shall acknowledge under oath that he has…”
In re Adams, 543 N.E.2d 797 (Ohio 1989). “R.C. 3105.64. If either spouse expresses dissatisfaction with the agreement or does not want the marriage dissolved, the court must dismiss the petition and refuse to validate the proposed separation agreement.”
Post v. Post, 586 N.E.2d 185 (Ohio Ct. App. 2d Dist. 1990). “§3105.64. Thereafter, Mrs. Post's appeal from the dissolution decree was dismissed for want of prosecution, Mrs.”
In re J.M. v. A.M., 2022-Ohio-1092. · cites it 7דR.C. 3105.64(A). If either spouse becomes dissatisfied with the separation agreement, the court must dismiss the petition for dissolution and refuse to validate the proposed separation agreement.”
Starr v. Starr, 498 N.E.2d 1092 (Ohio Ct. App. 12th Dist. 1985). · cites it 4דOn August 4,1983, appellant filed a complaint seeking a declaratory judgment that the judgment entry of June 7, 1979 was and remains void due to failure of the court below to comply with the waiting requirements of R.C. 3105.64. On July 13, 1984, the trial court held that…”
Northridge Local Schs. Bd. of Edn. v. Montgomery Cty. Bd. of Revision, 2022-Ohio-495. · cites it 2דle, including detaining a juvenile; -7- (5) The time within which a commitment hearing must be held; (6) The time by which a warrant must be issued; (7) The time within which discovery or any aspect of discovery must be completed; (8) The time within which a party must be…”
Smith v. Smith, 654 N.E.2d 1342 (Ohio Ct. App. 4th Dist. 1995). · cites it 14ד” Second Assignment of Error: *64 “The trial court erred in considering the ninety (90) day limit in RC 3105.64 in conjunction with RC 3105.65 to be a mandatory time limit imposed upon the court.”
Leonti v. Leonti, 456 N.E.2d 584 (Ohio Ct. App. 9th Dist. 1983). “R.C. 3105.64. If the parties cannot agree upon the terms of the separation agreement, the court must dismiss the petition.”
Ohio Rev. Code § 3105.64(A): 3 cases
Damschroeder v. Williams (In re Williams), 398 B.R. 464 (Bankr. N.D. Ohio 2008). “” O.R.C. § 3105.64(A). It is further provided by statute that, “[i]f, at the time of the hearing, either spouse is not satisfied with the separation agreement .”
In re J.M. v. A.M., 2022-Ohio-1092. “R.C. 3105.64(A). If either spouse becomes dissatisfied with the separation agreement, the court must dismiss the petition for dissolution and refuse to validate the proposed separation agreement.”
Smith v. Smith, 654 N.E.2d 1342 (Ohio Ct. App. 4th Dist. 1995). “” Second Assignment of Error: *64 “The trial court erred in considering the ninety (90) day limit in RC 3105.64 in conjunction with RC 3105.65 to be a mandatory time limit imposed upon the court.”
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