Condit v. Condit

943 N.E.2d 1041, 190 Ohio App. 3d 634
CourtOhio Court of Appeals
DecidedOctober 27, 2010
DocketNo. C-100213
StatusPublished
Cited by13 cases

This text of 943 N.E.2d 1041 (Condit v. Condit) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Condit v. Condit, 943 N.E.2d 1041, 190 Ohio App. 3d 634 (Ohio Ct. App. 2010).

Opinion

Dinkelacker, Judge.

{¶ 1} Defendant-appellant, James J. Condit Jr., appeals from a divorce decree ending his marriage to plaintiff-appellee, Kathleen Condit. We find no merit in his seven assignments of error, and we affirm the trial court’s judgment.

I. Facts and Procedure

{¶ 2} The parties were married in 1978. In 2004, they entered into a separation agreement that became incorporated into a decree of legal separation. The parties’ primary reason for seeking a legal separation at that time instead of a divorce was James’s need for insurance coverage through Kathleen’s employer.

{¶ 3} The decree stated that the court had approved the separation agreement and had incorporated it into the decree “all subject to the further jurisdiction of this Court.” In the separation agreement, James had agreed to pay Kathleen $1,500 per month in spousal support for seven years. The agreement also stated that “such spousal support shall not be subject to further review of the Court.”

{¶ 4} In January 2008, Kathleen filed a complaint for divorce. While the divorce proceedings were pending, James asked the court to modify the spousal-support order in the legal-separation decree. A magistrate recommended that spousal support remain the same. She stated that “[sjpousal support was addressed in the [legal-separation] Decree and there was no retention of jurisdiction, therefore the matter is barred by res judicata and the spousal support order * * * shall remain as previously ordered.”1

[638]*638{¶ 5} James objected to the magistrate’s decision, and the trial court overruled the objections. It stated, “The issue of spousal support was specifically addressed in the parties’ prior Decree of Legal Separation * * *. This court did not retain jurisdiction over the issue of spousal support regarding either spouse, therefore, the Magistrate did not err in finding that the issue of any spousal support order cannot now be addressed by this Court.”

{¶ 6} James appealed from the court’s judgment entry overruling his objections to the magistrate’s decision. We dismissed the appeal due to the lack of a final, appealable order.2 The trial court subsequently journalized a divorce decree, which incorporated the decree of legal separation. This appeal followed.

II. Modification of Spousal Support in a Decree of Legal Separation

{¶ 7} In his first three assignments of error, James takes issue with the trial court’s denial of his motion to modify spousal support. He argues that the trial court did have jurisdiction to modify spousal support and that a modification was appropriate under the circumstances. Specifically, he argues that a modification was justified because once the parties were divorced, Kathleen could no longer provide insurance for him through her employer and he will incur great expense to obtain insurance for himself. While we agree that the trial court did have jurisdiction to modify spousal support, we hold that a modification was not warranted under the circumstances.

{¶ 8} As a general rule, the doctrine of res judicata bars the relitigation of issues involved in a decree of legal separation, such as the date of the termination of the marriage.3 But R.C. 3105.18(D) specifically states that “[i]n an action brought solely for an order for legal separation under section 3105.17 of the Revised Code, any continuing order for periodic payments of money entered pursuant to this section is subject to further order of the court upon changed circumstances of either party.” R.C. 3105.18(D) is in contrast to R.C. 3105.18(E), which states that an order for periodic payments in a divorce or dissolution is modifiable only if the court retains jurisdiction to modify it.4

{¶ 9} Because the original order of spousal support was in a decree of legal separation, not in a divorce decree, the trial court retained jurisdiction to modify it regardless of whether it had explicitly retained jurisdiction to modify.5 [639]*639We note that we have found a case in which the court held otherwise, but it relied on subsection (E) and completely ignored subsection (D).6 Therefore, we do not find that case to be persuasive.

{¶ 10} Thus, the trial court erred in finding that it did not have jurisdiction to modify the amount of spousal support in the decree of legal separation. Nevertheless, the trial court may have been right for the wrong reasons.7

{¶ 11} A separation agreement is a contract between the parties. Its interpretation is generally a matter of law, and it is subject to the same rules of construction that govern other contracts.8 The court’s primary objective in construing a separation agreement is to give effect to the parties’ intent, which can be found in the language they have chosen to employ.9 If the terms of a separation agreement are unambiguous, a court must give the terms their plain, ordinary meanings, and it need not go beyond the plain language of the agreement to determine the parties’ rights and obligations.10

{¶ 12} In this case, the separation agreement stated that James would pay Kathleen $1,500 per month in spousal support for seven years. It specifically stated that spousal support “was not subject to further review by the Court.”

{¶ 13} Actions for divorce are purely statutory,11 and the parties in this case could not waive the court’s statutory jurisdiction.12 But they could waive the right to seek modification of spousal support as a contractual matter between [640]*640themselves. The plain language of the agreement shows that the parties’ intent was that spousal support would not be modifiable, and we must give effect to their contractual language.13

{¶ 14} Consequently, we hold that the trial court did not err in denying James’s motion to modify spousal support. We overrule his first, second, and third assignments of error.

III. Grounds for Divorce — Living Separate and Apart

{¶ 15} In his fourth, fifth, and seventh assignments of error, James takes issue with the trial court’s decision granting a divorce on the basis that the parties had “without interruption for one year, lived separate and apart without cohabitation” under R.C. 3105.01(J). We find no merit in his arguments under these assignments of error.

A. Corroborating Evidence

{¶ 16} Civ.R. 75(M) provides that a “judgment for divorce, annulment, or legal separation shall not be granted upon the testimony or admission of a party not supported by other credible evidence.” Thus, the court cannot grant a divorce unless a party’s evidence of grounds is corroborated by another witness or other independent evidence.14

{¶ 17} Corroborating evidence must pertain to material elements essential to the proof of the ground for divorce set out in the complaint, but it is not required for each and every material fact.15 The evidence “must merely substantiate the testimony of a party, but need not support it in every detail.” 16

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Cite This Page — Counsel Stack

Bluebook (online)
943 N.E.2d 1041, 190 Ohio App. 3d 634, Counsel Stack Legal Research, https://law.counselstack.com/opinion/condit-v-condit-ohioctapp-2010.