Evtimov v. Milanova

300 S.W.3d 110, 2009 Ark. App. 208, 2009 Ark. App. LEXIS 230
CourtCourt of Appeals of Arkansas
DecidedMarch 18, 2009
DocketCA 08-36
StatusPublished
Cited by19 cases

This text of 300 S.W.3d 110 (Evtimov v. Milanova) is published on Counsel Stack Legal Research, covering Court of Appeals of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Evtimov v. Milanova, 300 S.W.3d 110, 2009 Ark. App. 208, 2009 Ark. App. LEXIS 230 (Ark. Ct. App. 2009).

Opinions

KAREN R. BAKER, Judge.

| Appellant Ivan Evtimov appeals his decree of divorce from appellee Mariofanna Gueorgieva asserting three points of error: (1) The trial court erred in granting appel-lee a divorce where appellant presented insufficient evidence regarding residency and separation; (2) The trial court erred in refusing to award appellant alimony despite the significant difference in income and appellant’s limitation on future employment; (3) The trial court erred by failing to equally divide the marital property of the parties. We find no error and affirm.

Appellant Ivan Evtimov and appellee Mariofanna Gueorgieva were married in Bulgaria on or about December 19, 2001. Shortly after they were married, the couple moved to Little Rock, Arkansas, where appellee began working for the University of Arkansas at 12Little Rock. Appellee filed for a divorce on March 27, 2006, and a hearing was held on July 24, 2007. Appellant did not challenge the divorce; however, he contended that he should receive a portion of the tax refund from the last year of marriage, sought equity in the marital home, and requested spousal support.

In 2002, the parties purchased a Toyota Camry, which at the time of the hearing was in appellant’s possession and worth approximately $11,000. Appellee testified that the parties purchased a house in 2004, that the initial purchase of the home was $324,900, and that the parties owed slightly less on the house than it was worth. The testimony and evidence reflected that appellee had retirement accounts totaling $92,194 and marital debts totaling $32,700 excluding the home mortgage.

Appellee also testified that appellant contributed nothing to her education as she received her position prior to the parties’ marriage. She, however, had contributed to his education, spending a great deal of money on many language and business courses for him during the marriage. Despite her expenditures and efforts to assist appellant in obtaining satisfactory work, and her expectations that he would contribute to the marriage financially, he continued to refuse to work. In addition to his failure to contribute to the marital assets, appellee explained that appellant had wasted marital assets, particularly by destruction to the marital home and incurring marital debt. She also explained that appellant had used her checking account without her authorization, asserting that he was stealing from her.

| sAppeIlee’s daughter reaffirmed appellant’s lack of contribution to the marital assets. She added that appellant had many private teachers in addition to the English courses he took at the University. When he was enrolled in English classes, he would ask her for help in writing essays and with grammar; however, despite the fact that she helped him “a lot” and made herself available to assist him in learning the language, she could not characterize him as “eager” to learn the English language.

At the hearing, appellant listed a variety of ideas that either appellee or he had suggested as avenues of income for appellant. Appellant contended that he was unable to work for two months of those years of marriage due to an infection in his leg. Appellant contradicted appellee’s testimony that he did not contribute by stating that he sometimes gave money to her, but many times she rejected receiving any money from him. He also disputed her testimony that he had destroyed the house; instead, he asserted that he was attempting to maintain the house by doing yard and electrical work to avoid her using maintenance people. As for the allegations of his stealing, he categorically denied that he stole from her. His explanation was that he was using her checking account to pay some of his expenses. While appellee opined that appellant was capable of working, appellant insisted that his limitations with the English language restricted his earning capacity. In his affidavit of financial means, he indicated that he netted $339.41 biweekly with expenses of $1070 a month.

The trial court found that appellant had not contributed to the marital household. |4On appeal, appellant does not challenge that finding. Instead, he challenges the trial court’s denial of alimony arguing that it was error to deny his requested alimony based upon the difference in income and future earning capacity.

While the trial court did not award alimony, he did order appellee to pay appellant an amount equal to one-half of her retirement fund, minus one-half the value of the couple’s consumer debt and one-half the value of the car awarded to appellant, in the form of a monthly payment in the amount of $470 for sixty months at six percent interest. The distribution of assets to appellant totaled $24,000, and the court placed all payment of the debt obligation upon appellee.

Residency

Appellant’s first assertion of error is that the trial court erred in granting appellee a divorce where appellant presented insufficient evidence regarding residency and separation. To obtain a divorce, a plaintiff must prove residency in the state by either herself or the defendant for sixty days before the commencement of the action and residency in the state for three full months before the final judgment granting the decree of divorce. Ark.Code Ann. § 9-12-307(a)(l)(A) (Repl. 2006).

Residency must be proven and corroborated in every instance. Ark.Code Ann. § 9 — 12—306(c)(1) (Repl.2006); Hodges v. Hodges, 27 Ark.App. 250, 770 S.W.2d 164 (1989). If a trial court renders a divorce decree without obtaining sufficient proof and corroboration of residency, the decree has been entered without jurisdiction. Araneda v. Araneda, 48 Ark.App. 236, 894 S.W.2d 146 (1995). We recognize that, where it is plain that there is no collusion, corroboration of residency need only be slight. Hodges, supra. But, by the same token, residency for the required period is jurisdictional and, dealing as it does with the power and right of the trial court to act, corroborating evidence of residency should not be speculative and vague in scope. Araneda v. Araneda, supra. Proof of residency must be corroborated in every action for divorce regardless of the defendant’s admission. Ark.Code Ann. § 9-12-306(b) (Repl.2006); Hodges, supra. The purpose of the rule requiring corroboration is to prevent the procuring of divorces though collusion, and when it is plain that there is no collusion, the corroboration of residence only needs to be slight. Hodges, supra.

The evidence of the parties’ residence sufficiently corroborates residence in this case. The record contains appellee’s W-2 statements from 2002-2006 with each listing a Little Rock address as the employee’s residence, the notarized deed to the house which was filed in 2004, and a letter enclosing the “Owner’s Policy of Title Insurance” sent to appellee’s Little Rock address and dated April 7, 2005. As for evidence of the separation, a witness for appellee testified that appellant lived for six to eight months by himself, and specifically that they had lived separate and apart since the filing of the petition. The petition was filed on March 27, 2006. Paragraph four alleged that the parties had been living separate and apart since January 9, 2006, and appellant admitted that allegation in his answer. Accordingly, the trial court did not err in finding residency and adequate |fievidence of separation.

Alimony

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Evtimov v. Milanova
300 S.W.3d 110 (Court of Appeals of Arkansas, 2009)

Cite This Page — Counsel Stack

Bluebook (online)
300 S.W.3d 110, 2009 Ark. App. 208, 2009 Ark. App. LEXIS 230, Counsel Stack Legal Research, https://law.counselstack.com/opinion/evtimov-v-milanova-arkctapp-2009.