2011 Ohio 2973
Ohio Ct. App.2011Background
- Married in 1956; moved to Noble County and acquired a home on about 80 acres in Caldwell.
- Roberta served as homemaker; John worked in construction/mining for ~40 years and retired.
- September 2009: Roberta moved out and filed for divorce; temporary orders issued; settlement negotiations failed.
- July 19, 2010: final divorce hearing; Roberta aged 71, John aged 74 with health issues; both had separate debts.
- Pensions and Social Security were marital assets; Roberta’s Social Security benefits were derived from John’s account.
- August 13, 2010: trial court granted divorce on incompatibility; divided pensions and real estate with buyout option for John.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the property division was an abuse of discretion | Novello contends division unjustly favored Roberta. | Novello argues court failed to properly apply 3105.171(F) factors to achieve fairness. | No abuse; division nearly equal and equitable under factors. |
| Whether there was ineffective assistance of counsel | Novello claims counsel deficient; trial unfair. | There is no constitutional right to effective counsel in civil divorce. | No merit; not cognizable in civil divorce. |
| Whether the court erred by not considering spousal support factors | Novello argues court should apply 3105.18(C)(1) in light of no spousal support awarded. | Spousal support factors not applicable since court did not award spousal support or retain jurisdiction. | No error; spousal support factors not triggered. |
Key Cases Cited
- Wolfe v. Wolfe, 46 Ohio St.2d 399 (1976) (starting point is an equal division unless inequitable)
- Cherry v. Cherry, 66 Ohio St.2d 348 (1981) (identifies statutory factors for equitable division)
- Bisker v. Bisker, 69 Ohio St.3d 608 (1997) (marital assets include vested pensions; division considerations)