Chapter 3117 of Ohio Law gives the court power to establish a process to coordinate reconciliation (as much as that is humanly possible) Namely, Conciliation Procedures. However, these procedures will only be applied in counties where a majority of common pleas judges determine that certain conditions are met.
After
translating
§ 3117.01 9 (see below) into smaller sentences, I see the
law
says the common pleas judges shall determine if the:
1)
social
conditions render the conciliation procedures necessary to proper
consideration
of cases,
2)
social
conditions render the procedures necessary to effectuate conciliation
of
marital controversies,
3)
number
of domestic relations cases render the procedures necessary to proper
consideration
of such cases,
4)
number
of domestic relations cases render the procedures necessary to
effectuate
conciliation of marital controversies,
In my county last year, 8,379 marriage licenses were issued and 6,291 cases for divorce, dissolution, or legal separation were filed in domestic relations court. If one assumes that less than 25% of those case were dismissed, over 4,718 marriages ended. From whose perspective are these good social conditions? In my county, both the court administrator for the Court of Common Pleas and a staff attorney for the Legal Department for Domestic Relations Court can't find any record of judges ever making the determination (required by law) as to whether or not our county meets the conditions described in § 3117.01. If the goal of Ohio Law Chapter 3117 is to reconcile marriages, how bad does it have to get before the common pleas judges think it's time to start trying?
In my situation, I have a pastor who would be willing to be a witness, or aid the court in my controversy, or even serve as a conciliation counselor. He has an associate who has had success getting spouses to hear each other in ways which lead to reconciliation despite one side's resistance to "marriage counseling." This associate would also be willing to be called to the aid of the court in this controversy. (§ 3117.06 C, The court shall exclude all persons except ... persons called to the aid of the court in the controversy.)
The court could have these two helpers meet with my husband and me in front of the court's conciliation counselor, or they could designate the pastor as their conciliation counselor. When it was time to get married, the county authorized my pastor to perform my marriage ceremony. When it's time to get reconciled, couldn't they just as easily appoint him to serve as the conciliation counselor, so long as he's willing to comply with their requirements as described in law?
In layman's terms, § 3117.03 defines conciliation counselors duties: a) meet with the couple and make recommendations to a conciliation judge, b) hold hearings which may be at any time and place (§ 3117.06 (B), c) report to the court, d) provide assistance as may be relevant.
It looks
to
me like the Ohio Legislators didn't want to force couples into a
divorce.
They offered
the
opposite, a plan to attempt reconciliation!
§ 3117.02 Conciliation
judges.
(A) Judges elected under section
2301.03 of the Revised Code as judges of the court of common pleas,
division
of domestic relations, shall hear all conciliation cases.
(B) In counties having more than
one judge of the court of common pleas, but no division of domestic
relations,
the presiding judge or the judges of that court shall designate, in
January
of each year, one or more of their number to hear all conciliation
cases.
A conciliation judge may request that any case before him be assigned
by
the presiding judge for hearing or other proceedings by any other
common
pleas judge, whenever in the opinion of the conciliation judge the
assignment
is necessary to expedite any case. When any case is so assigned, the
judge
to whom it is assigned acts as a conciliation judge.
(C) The presiding judge of the
court
of common pleas may appoint a judge of the court of common pleas to act
as conciliation judge during any period when a conciliation judge is on
vacation, is absent, or is for any reason unable to perform his duties.
HISTORY: 133 v S 74 (Eff
11-19-69);
146 v H 151. Eff 12-4-95.
§ 3117.03 Appointment of
counselors;
duties.
In each county having a population
over one hundred thousand according to the latest federal decennial
census,
the court of common pleas may appoint one or more conciliation
counselors
to assist the court in carrying out its functions under this chapter.
Conciliation
counselors shall do any of the following, as the court may direct:
(A) Confer with the parties to
conciliation
proceedings, and make recommendations concerning such proceedings to
the
conciliation judge;
(B) Hold hearings in conciliation
cases;
(C) Cause such statistics to be
compiled, reports to be made, and records to be kept, as may be
relevant
to the work of the court in conciliation cases;
(D) Provide such other assistance
as may be relevant to the work of the court in conciliation cases.
HISTORY: 133 v S 74. Eff 11-19-69.
§ 3117.04 Assistance of
probation
officer.
The probation officer in every
county
shall, upon request of the conciliation judge, in order to carry out
the
purposes of this chapter, make investigations and reports and render
other
assistance in conciliation cases, within the limits of the powers and
duties
granted and imposed by the laws of this state relating to probation
officers.
HISTORY: 133 v S 74. Eff 11-19-69.
§ 3117.05 Petition;
referral
of complaints; files to be closed.
(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.
(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 any 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.
§ 3117.06 Hearing and
conferences;
court order.
(A) The conciliation judge shall
fix a reasonable time and place for hearing on the petition within
thirty
days after the date it is filed, and shall cause such manner of notice
of the filing of the petition and the time and place for hearing as he
finds necessary to be given to the parties and respondents. The court
may
issue a citation to any party or respondent requiring him to appear at
the time and place stated in the citation, and may require the
attendance
of witnesses as in other civil cases.
(B) The court may be convened and
hearings held pursuant to this chapter at any time and place within the
county, and the hearing may be had in chambers or otherwise, except
that
if any party, prior to hearing, objects to a different time or place,
the
time and place for hearing shall be that provided by law for the trial
of civil actions.
(C) Hearings and conferences in
conciliation proceedings shall be held in private. The court shall
exclude
all persons except officers and employees of the court, the parties and
respondents and their counsel, witnesses, and persons called to the aid
of the court in the controversy. Conferences may be held with each
party
separately, and counsel for one party may be excluded from a hearing or
conference when the other party is present without counsel.
(D) Hearings and conferences shall
be conducted as informally as possible, and a series of hearings or
conferences
may be held if it appears necessary to effect a reconciliation or
amicable
settlement of the controversy between the spouses. The court may, with
the consent of the parties, recommend or invoke the aid of physicians,
psychologists, clergymen, or other specialists, or persons with
expertise
in the matter in controversy. Such aid shall be at the expense of the
parties,
unless the board of county commissioners authorizes and provides for
payment
for such aid.
(E) Upon hearing, the conciliation
judge may make such orders in respect to the conduct of the spouses and
the subject matter of the controversy as the court finds necessary to
preserve
the marriage or implement the reconciliation of the spouses. Such
orders
shall not be effective for more than thirty days, unless the parties
consent
to a longer time or to a continuation. Any reconciliation agreement
between
the parties may be reduced to writing and, with the consent of the
parties;
a court order may be made pursuant to this section requiring the
parties
to comply therewith.
§ 3117.07 Other actions
deferred
pending conciliation.
During the period beginning with
the filing of the petition for conciliation and continuing until
expiration
of any court order made pursuant to division (E) of section 3117.06 of
the Revised Code, neither spouse may file or proceed with any action
for
divorce, annulment, or legal separation. The pendency of an action for
divorce, annulment, or legal separation does not bar proceedings for
conciliation
under this chapter.
§ 3117.08 Transfer and
disposition
of conciliation matters; jurisdiction.
(A) Whenever it appears at any
time
during pendency of an action for divorce, annulment, or legal
separation
that conciliation proceedings may prevent dissolution of the marriage
or
disruption of the household, the court may transfer the matter to the
conciliation
judge for proceedings pursuant to this chapter, and the original action
shall be stayed pending completion of conciliation proceedings.
(B) Whenever there is a minor
child
of one or both spouses whose welfare may be affected by the
controversy,
the conciliation judge shall entertain all conciliation cases properly
brought before him. Whenever there is no such minor child, but it
appears
that reconciliation of the spouses or amicable settlement of the
controversy
may be achieved, and that conciliation cases involving children will
not
be seriously impeded by acceptance of the case, the conciliation judge
may accept and dispose of conciliation cases in the same manner as in
cases
involving the welfare of children.
(C) The conciliation judge has
jurisdiction
over the controversy, the parties, such of the minor children of the
parties
whose welfare may be affected by the controversy, and all persons
having
any relation to the controversy, in all conciliation cases properly
before
him pursuant to this chapter.