Botello v. Gonzalez

Citations

• 2025 Ohio 1390

Syllabus

Following our prior remand, the trial court failed to comply with our appellate mandate when it considered appellant's immigration status and English-language skills in determining whether she had established residency under R.C. 3105.03 for purposes of a divorce. Because the trial court's credibility finding was based on appellant's failure to respond to questions regarding her immigration status, the trial court's findings that appellant was not credible and did not establish that her domiciliary residence was in Ohio were clearly erroneous and an abuse of discretion. The trial court further abused its discretion in concluding that grounds for divorce were not established. Judgment reversed; remanded for issuance of a final judgment and decree of divorce.