(A) If, at the time of the hearing, either spouse is not satisfied with the separation agreement or does not wish a dissolution of the marriage and if neither spouse files a motion pursuant to division (C) of this section to convert the action to an action for divorce, the court shall dismiss the petition and refuse to validate the proposed separation agreement.
(B) If, upon review of the testimony of both spouses and of the report of the investigator pursuant to the Rules of Civil Procedure, the court approves the separation agreement and any amendments to it agreed upon by the parties, it shall grant a decree of dissolution of marriage that incorporates the separation agreement. If the separation agreement contains a plan for the exercise of shared parenting by the spouses, the court shall review the plan in accordance with the provisions of division (D)(1) of section 3109.04 of the Revised Code that govern the review of a pleading or motion requesting shared parenting jointly submitted by both spouses to a marriage. A decree of dissolution of marriage has the same effect upon the property rights of the parties, including rights of dower and inheritance, as a decree of divorce. The court has full power to enforce its decree and retains jurisdiction to modify all matters pertaining to the allocation of parental rights and responsibilities for the care of the children, to the designation of a residential parent and legal custodian of the children, to child support, to parenting time of parents with the children, and to visitation for persons who are not the children's parents. The court, only in accordance with division (E)(2) of section 3105.18 of the Revised Code, may modify the amount or terms of spousal support. The court may modify the division of property provided in the separation agreement only upon the express written consent or agreement of both spouses.
(C) At any time before a decree of dissolution of marriage has been granted under division (B) of this section, either spouse may convert the action for dissolution of marriage into a divorce action by filing a motion with the court in which the action for dissolution of marriage is pending for conversion of the action for dissolution of marriage. The motion shall contain a complaint for divorce that contains grounds for a divorce and that otherwise complies with the Rules of Civil Procedure and this chapter. The divorce action then shall proceed in accordance with the Rules of Civil Procedure in the same manner as if the motion had been the original complaint in the action, including, but not limited to, the issuance and service of summons pursuant to Civil Rules 4 to 4.6, except that no court fees shall be charged upon conversion of the action for dissolution of marriage into a divorce action under this division.
Notes of Decisions
Cited in 88
cases (16 in the last 5 years), 1981–2026 · leading case: Morris v. Morris (Slip Opinion), 2016 Ohio 5002 (Ohio 2016).
Morris v. Morris (Slip Opinion), 2016 Ohio 5002 (Ohio 2016). · cites it 14דSee R.C. 3105.65. The court has no unilateral authority to modify any provision of the separation agreement.”
Knapp v. Knapp, 493 N.E.2d 1353 (Ohio 1986). · cites it 7דSince dissolutions are restricted to cases where both parties agree to its terms, the courts have no authority to modify those terms, except as authorized by R.C. 3105.65. That statute, as originally enacted, stated in part: “(B) * * * The court has full power to enforce its…”
Colley v. Colley, 538 N.E.2d 410 (Ohio 1989). · cites it 14דThe court’s statutory authority to modify the terms of a marriage dissolution is granted in R.C. 3105.65(B). R.C. 3105.65(B), as originally enacted in 1974, provided in pertinent part: “* * * The court has full power to enforce its decree, and retains jurisdiction to modify all…”
In re Adams, 543 N.E.2d 797 (Ohio 1989). · cites it 9דSee R.C. 3105.65. The court, however, cannot unilaterally change the provisions of the agreement.”
McClain v. McClain, 473 N.E.2d 811 (Ohio 1984). · cites it 7ד65(B) empowers the court to grant a decree of dissolution of marriage incorporating a separation agreement.”
In re Whitman, 690 N.E.2d 535 (Ohio 1998). · cites it 4דThe statute provides for relief from the final judgment in strictly limited circumstances because both parties agreed and consented to the terms of the separation agreement and dissolution of the marriage. Courts retain only limited jurisdiction in dissolution proceedings.”
Alban v. Alban, 439 N.E.2d 963 (Ohio Ct. App. 1981). · cites it 8ד” R.C. 3105.65(B) provides for the granting of a decree of dissolution of marriage incorporating the separation agreement when appropriate, and further that “[t]he court has full power to enforce its decree, and retains jurisdiction to modify all matters of custody, child…”
Smith v. Smith, 2019 Ohio 129 (Ohio Ct. App. 2019). · cites it 6ד65(B) outlines a court's jurisdiction following the entry of a decree of dissolution: The court has full power to enforce its decree and retains jurisdiction to modify all matters pertaining to the allocation of parental rights and responsibilities for the care of the children,…”
In Re A.G., 2014 Ohio 2597 (Ohio 2014). · cites it 2דR.C. 3105.65(B); see also Loetz v. Loetz, 63 Ohio St.”
Damschroeder v. Williams (In Re Williams), 398 B.R. 464 (Bankr. N.D. Ohio 2008). · cites it 4ד” O.R.C. § 3105.65(A). The Defendant, thus, had every opportunity to raise his concerns during the course of the Parties’ divorce, but choose to remain silent instead.”
Braatz v. Braatz, 706 N.E.2d 1218 (Ohio 1999). · cites it 2ד” *49 R.C. 3105.65, the section that authorizes continuing jurisdiction in dissolution cases, lists “allocation of parental rights and responsibilities,” “designation of a residential parent and legal custodian,” and “visitation” separately, indicating that none of these terms…”
Scholler v. Scholler, 462 N.E.2d 158 (Ohio 1984). · cites it 2ד” Finally, R.C. 3105.65(B) provides: “If, upon review of the testimony of both spouses, and of the report of the investigator pursuant to Civil Rules, the court approves the separation agreement and any amendments thereto agreed upon by the parties, it shall grant a decree of…”
Morris v. Morris (Slip Opinion), 2016 Ohio 5002 (Ohio 2016). “See R.C. 3105.65. The court has no unilateral authority to modify any provision of the separation agreement.”
Damschroeder v. Williams (In Re Williams), 398 B.R. 464 (Bankr. N.D. Ohio 2008). “” O.R.C. § 3105.65(A). The Defendant, thus, had every opportunity to raise his concerns during the course of the Parties’ divorce, but choose to remain silent instead.”
Morris v. Morris (Slip Opinion), 2016 Ohio 5002 (Ohio 2016). “See R.C. 3105.65. The court has no unilateral authority to modify any provision of the separation agreement.”
Colley v. Colley, 538 N.E.2d 410 (Ohio 1989). “The court’s statutory authority to modify the terms of a marriage dissolution is granted in R.C. 3105.65(B). R.C. 3105.65(B), as originally enacted in 1974, provided in pertinent part: “* * * The court has full power to enforce its decree, and retains jurisdiction to modify all…”
In re Adams, 543 N.E.2d 797 (Ohio 1989). “See R.C. 3105.65. The court, however, cannot unilaterally change the provisions of the agreement.”
Knapp v. Knapp, 493 N.E.2d 1353 (Ohio 1986). “Since dissolutions are restricted to cases where both parties agree to its terms, the courts have no authority to modify those terms, except as authorized by R.C. 3105.65. That statute, as originally enacted, stated in part: “(B) * * * The court has full power to enforce its…”
McClain v. McClain, 473 N.E.2d 811 (Ohio 1984). “65(B) empowers the court to grant a decree of dissolution of marriage incorporating a separation agreement.”
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