Helen Clare Wallace

Reconciling under Ohio Divorce Law through the Conciliation Process

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If you or your spouse filed for a dissolution, annulment, legal separation or divorce, but now one or both of you want to work on your marriage and potentially reconcile, there is an Ohio procedure in place to facilitate reconciliation. Your Dayton family lawyer can help you through the process.

Under the Ohio Revised Code, Section 3105.091, Conciliation Procedures, at any time after 30 days from the service of summons in an action for divorce, annulment, or legal separation, or after the filing of a petition for dissolution of marriage, the Court, either upon its own motion, or the motion of one of the parties, may order the parties to undergo the process of conciliation for a period of time (not to exceed 90 days). Through the conciliation process, the Court may order the parties to take part in family counseling if children are involved in the proceeding or marital counseling. The Court may name the counselor (chosen from public or private marriage counselors, family service agencies, community health services, physicians, licensed psychologists, or clergyman) and shall set forth the required type of counseling, the length of time for the counseling, and any other specific conditions required. The Court also directs and orders the manner in which the costs of any conciliation procedures and family counseling are paid. During the period of time of the conciliation process, no action for divorce, annulment or legal separation, in which conciliation or family counseling has been ordered, shall be heard or decided until the conciliation or family counseling has concluded and been reported to the Court.

In Montgomery County, Ohio, the conciliation process is begun by filing a Petition for Conciliation pursuant to Local Rule 4.35. A copy of the Petition is then taken to the Parent Education Department of the Court where a counselor conducts hearings and conferences on conciliation. If conciliation proceedings are not successful, the counselor files and order dismissing the conciliation petition, and the conciliation case is closed pursuant to Ohio Revised Code 3117.05.

The Petition for Conciliation must alleged facts showing a controversy between the spouses which may, unless a reconciliation or settlement is achieved, result in dissolution of the marriage or disruption of the household. The petition must also state the name and age of each minor child whose welfare may be affected by the controversy, the names and addresses of the parties, name as a respondent any other person who has any relation to the controversy (and his or her address if known), and request the aid of the court to effect a amicable settlement of the controversy between the parties or a reconciliation.

For more information about the Ohio conciliation process or for help with your Ohio divorce or dissolution, please contact Dayton divorce lawyer at Helen Wallace, Attorney at Law today by clicking on the preceding link, by e-mail to hw@helenwallacelaw.com or by telephone to (937) 654-6800.

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