Momotaz v. Sattar

Citations

• 193 N.E.3d 1144
• 2022 Ohio 2676

Syllabus

Divorce marriage valid subject-matter jurisdiction Civ.R. 44.1(B) foreign law expert opinion Bangladesh Mohammedan Muslim Nikah Nama contract telephonic ceremony solemnization witnesses offer acceptance cohabitation consummated child registration expert legal opinion spousal support duration de facto amount factors property division equitable attorney fees discretion R.C. 3105.171 R.C. 3105.171(A)(2) R.C. 3105.171(C)(1) R.C. 3105.171(F) R.C. 3105.18(C)(1) R.C. 3105.73(A). Upheld trial court's summary-judgment decision finding that the Muslim marriage between husband and wife was valid under Bangladesh law and that the trial court had subject-matter jurisdiction over the parties' divorce. Under applicable foreign law, the alleged lack of a valid registration did not invalidate the marriage. The trial court did not abuse its discretion in determining the amount and duration of spousal support, making an equitable property division, and awarding some attorney fees to wife. Nothing in R.C. 3105.18 requires the court to use a de facto termination date in determining spousal support, and the duration of the marriage is only one factor to consider when determining what amount of spousal support is appropriate. The record demonstrated that the trial court considered the requisite statutory factors under R.C. 3105.18(C)(1), 3105.171(F), and 3105.73(A). The judgment of the trial court was affirmed.