Matyas v. Matyas

2025 Ohio 5100
CourtOhio Court of Appeals
DecidedNovember 10, 2025
Docket2025-T-0007
StatusPublished

This text of 2025 Ohio 5100 (Matyas v. Matyas) 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
Matyas v. Matyas, 2025 Ohio 5100 (Ohio Ct. App. 2025).

Opinion

[Cite as Matyas v. Matyas, 2025-Ohio-5100.]

IN THE COURT OF APPEALS OF OHIO ELEVENTH APPELLATE DISTRICT TRUMBULL COUNTY

KELLY JO MATYAS, CASE NO. 2025-T-0007

Plaintiff-Appellant, Civil Appeal from the - vs - Court of Common Pleas, Domestic Relations Division WILLIAM FRANKLIN MATYAS,

Defendant-Appellee. Trial Court No. 2022 DR 00228

OPINION AND JUDGMENT ENTRY

Decided: November 10, 2025 Judgment: Affirmed in part and reversed in part; remanded

Jennifer J. Ciccone, The Ciccone Law Firm, LLC, 3685 Stutz Drive, Suite 100, Canfield, OH 44406 (For Plaintiff-Appellant).

Lynn Sfara Bruno, 412 Boardman-Canfield Road, Youngstown, OH 44512; and Rhys B. Cartwright-Jones, 42 North Phelps Street, Youngstown, OH 44503 (For Defendant- Appellee).

MATT LYNCH, J.

{¶1} Appellant, Kelly Jo Matyas, appeals the judgment of the Trumbull County

Court of Common Pleas, Domestic Relations Division, whereby the court issued a decree

of divorce between her and appellee, William Franklin Matyas. The parties were married

on July 6, 2020, and separated in August 2022. One child was born as issue of the

marriage and was three years old at the time of the final divorce hearing. The issues on

appeal concern the termination of marriage date, disposition of the marital residence and

other assets, and child support. We affirm in part and reverse in part. {¶2} Kelly initially filed for divorce on October 26, 2022. William counterclaimed

on November 18, 2022. The proceedings were stayed for a considerable amount of time

due to Kelly’s August 31, 2022 bankruptcy filing. Kelly voluntarily dismissed her divorce

complaint with prejudice on May 10, 2024. The matter proceeded on William’s

counterclaim for divorce after he obtained relief from the stay in Kelly’s bankruptcy case.

The final divorce hearing was held on October 28, 2024. Both parties appeared with

counsel, as did the court-appointed guardian ad litem for the minor child.

{¶3} The trial court issued its judgment entry and decree of divorce on February

19, 2025, granting the parties a divorce on the grounds of incompatibility and having lived

separate and apart without cohabitation and without interruption for a period greater than

one year. The court rejected Kelly’s request for a de facto termination of marriage date,

ordered the sale of the marital residence, distributed marital assets and debts, and

ordered William to pay child support.

{¶4} Kelly filed a timely notice of appeal, raising four assignments of error for our

review.

{¶5} Kelly’s first assignment of error concerns the termination of marriage date:

[1.] The Trial Court erred and abused its discretion by failing to find a de facto termination date of the marriage as August 2022, resulting in an inequitable division of marital property.

{¶6} At trial, Kelly requested that the trial court adopt a de facto termination date

of August 2022, coinciding with the parties’ separation. The court denied this request,

instead finding the date of trial, October 28, 2024, was equitable in this matter. The court

found that William “has been unable to disentangle himself from this marriage” due to

delays resulting from Kelly’s bankruptcy proceedings and its effect on William’s credit.

PAGE 2 OF 16

Case No. 2025-T-0007 {¶7} Kelly argues that the trial court’s findings are not supported by credible

evidence and resulted in an inequitable division of marital property. She contends the

uncontroverted evidence establishes that the parties physically and financially separated

in August 2022. William responds that the trial court acted well within its broad discretion

by insisting on documented proof of financial and residential separation before adopting

an earlier termination date.

{¶8} “In any order for the division or disbursement of property . . ., the court shall

make written findings of fact that support the determination that the marital property has

been equitably divided and shall specify the dates it used in determining the meaning of

‘during the marriage.’” R.C. 3105.171(G). The term “during the marriage” may be defined

as “the period of time from the date of the marriage through the date of the final hearing,”

R.C. 3105.171(A)(2)(a), or, if the court finds the date of the final hearing would be

inequitable, “the court may select dates that it considers equitable in determining marital

property,” R.C. 3105.171(A)(2)(b).

{¶9} “‘Equity may occasionally require valuation as of the date of the de facto

termination of the marriage. The circumstances of a particular case may make a date

prior to trial more equitable for the recognition, determination and valuation of relative

equities in marital assets.’” Marini v. Marini, 2006-Ohio-3775, ¶ 11 (11th Dist.), quoting

Berish v. Berish, 69 Ohio St.2d 318, 320 (1982). “‘Generally, trial courts use a de facto

termination of marriage date when the parties separate, make no attempt at reconciliation,

continually maintain separate residences, separate business activities and/or separate

bank accounts. . . . Courts should be reluctant to use a de facto termination of marriage

date solely because one spouse vacates the marital home. . . . Rather, a trial court may

use a de facto termination of marriage date when the evidence clearly and bilaterally PAGE 3 OF 16

Case No. 2025-T-0007 shows that it is appropriate based upon the totality of the circumstances.’” Id. at ¶ 13,

quoting Harris v. Harris, 2003-Ohio-5350, ¶ 11 (11th Dist.). “The ‘decision is discretionary

and will not be reversed on appeal absent an abuse of discretion.’” Id., quoting Stafinsky

v. Stafinsky, 116 Ohio App.3d 781, 785 (11th Dist. 1996). An abuse of discretion occurs

when the court’s judgment is “unreasonable, arbitrary or unconscionable.” Blakemore v.

Blakemore, 5 Ohio St.3d 217, 219 (1983).

{¶10} The record demonstrates that the trial court’s decision not to use a de facto

termination of marriage date was neither unreasonable, arbitrary, nor unconscionable.

The court’s finding that Kelly’s bankruptcy prolonged the joint financial entanglement is

supported by William’s testimony regarding the impact of Kelly’s bankruptcy, which halted

the divorce proceedings and introduced ongoing credit risk. Kelly did not produce any

evidence that the parties closed joint accounts or signed legal instruments demonstrating

a financial separation in August 2022. We therefore conclude the court’s decision not to

use a de facto termination of marriage date was within its sound discretion.

{¶11} The first assignment of error is without merit.

{¶12} Kelly’s second assignment of error concerns the trial court’s disposition of

the marital residence:

[2.] The Trial Court erred and abused its discretion and committed reversible error by asserting jurisdiction over the Oregon Avenue residence—acquired prior to the marriage—and awarding a separate property interest to [William] without making the required findings as to the existence or value of a marital interest in the property, in violation of R.C. 3105.171 and established precedent.

{¶13} The parties purchased a home at 731 Oregon Avenue, McDonald, Ohio in

April 2020, approximately two to three months prior to their July 6, 2020 wedding. The

PAGE 4 OF 16

Case No. 2025-T-0007 trial court denied Kelly’s request to be awarded the residence and instead ordered that it

be sold subject to William’s separate property interest.

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Related

Stafinsky v. Stafinsky
689 N.E.2d 112 (Ohio Court of Appeals, 1996)
Barkley v. Barkley
694 N.E.2d 989 (Ohio Court of Appeals, 1997)
Jajola v. Jajola, Unpublished Decision (1-29-2004)
2004 Ohio 370 (Ohio Court of Appeals, 2004)
Ostmann v. Ostmann
858 N.E.2d 831 (Ohio Court of Appeals, 2006)
Harris v. Harris, Unpublished Decision (9-30-2003)
2003 Ohio 5350 (Ohio Court of Appeals, 2003)
Marini v. Marini, Unpublished Decision (7-21-2006)
2006 Ohio 3775 (Ohio Court of Appeals, 2006)
Cherry v. Cherry
421 N.E.2d 1293 (Ohio Supreme Court, 1981)
Berish v. Berish
432 N.E.2d 183 (Ohio Supreme Court, 1982)
Blakemore v. Blakemore
450 N.E.2d 1140 (Ohio Supreme Court, 1983)

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Bluebook (online)
2025 Ohio 5100, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matyas-v-matyas-ohioctapp-2025.