Ohio Code 3117.05 – Petition for conciliation
(A) Prior to or during pendency of any action for divorce, annulment, or legal separation, one or both spouses may file in the court of common pleas a petition for conciliation, to preserve the marriage by effecting a reconciliation, or to amicably settle the controversy between the spouses, so as to avoid further litigation over the issues involved.
Terms Used In Ohio Code 3117.05
- Child: includes child by adoption. See Ohio Code 1.59
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
- Rule: includes regulation. See Ohio Code 1.59
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- state: means the state of Ohio. See Ohio Code 1.59
(B) The petition shall be captioned substantially as follows:
IN THE COURT OF COMMON PLEAS
OF _____________ COUNTY, OHIO
In Re: : No. ___________________
_______________________ :
and : PETITION FOR CONCILIATION
_______________________ :
(C) The petition shall:
(1) Allege 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;
(2) State the name and age of each minor child whose welfare may be affected by the controversy;
(3) State the names and addresses of the parties;
(4) Name as respondent any other person who has any relation to the controversy, stating his address if known to the petitioner;
(5) State any other information that the court by rule requires;
(6) Request the aid of the court to effect a reconciliation or an amicable settlement of the controversy between the parties.
(D) The clerk of the court of common pleas shall provide, at the expense of the county, blank forms for petitions for filing pursuant to this chapter. Any employee of the county engaged in conciliation duties shall assist any person at his request in the preparation and presentation of any such petition. All public officers in each county shall refer to the conciliation judge all petitions and complaints made to them in respect to controversies within the purview of this chapter.
(E) No fee shall be charged for filing the petition, nor shall any fee be charged by any officer for the performance of any duty pursuant to this chapter.
(F) Conciliation case files shall be closed, but may be opened for inspection by any party, his counsel, or other proper person, upon written authority of the conciliation judge.