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Kimberly G. Kochaniec v. Robert J. Kochaniec

October 28, 2011

KIMBERLY G. KOCHANIEC PLAINTIFF-APPELLEE
v.
ROBERT J. KOCHANIEC DEFENDANT-APPELLANT



(Civil Appeal from Common Pleas Court, Domestic Relations Division) T.C. CASE NO. 09-DR-834

The opinion of the court was delivered by: Grady, P.J.:

Cite as Kochaniec v. Kochaniec,

OPINION

{¶1} Defendant, Robert Kochaniec, appeals from a final order of the domestic relations division of the court of common pleas overruling his objections to a magistrate's decision and granting an annulment to Plaintiff, Kimberly Kochaniec.

{¶2} Robert*fn1 and Kimberly were married in Marion, Virginia in September of 1989. Two children were born during Kimberly and Robert's marriage, A., who was born in May of 1991, and B., who was born in September of 1998.

{¶3} At the time he married Kimberly, Robert was married to his first wife, Karen L. Kochaniec. Robert and Karen subsequently were divorced in April of 1992.

{¶4} On August 31, 2009, Kimberly commenced an action against Robert, seeking an annulment of her marriage to Robert or, in the alternative, a divorce from Robert. She based her request on the fact that Robert was married to another woman at the time that he married Kimberly.

{¶5} Kimberly filed a motion for summary judgment on her claim to have her marriage to Robert annulled pursuant to R.C. 3105.31(B). On December 23, 2009, the magistrate granted Kimberly's request for an annulment. (Dkt. 27.) Robert filed objections to the magistrate's decision. (Dkt. 31.) The trial court overruled these objections on March 17, 2010. (Dkt. 37A.)

{¶6} Robert filed a motion to modify temporary orders on March 30, 2010, seeking an award of temporary spousal support and an interim award of attorney fees. (Dkt. 38.) The magistrate overruled the motion and Robert filed objections to the magistrate's decision, which the trial court overruled. (Dkt. 39, 42, 50.)

{¶7} On September 29, 2010, following a hearing, the magistrate issued a decision regarding custody, child support, and property division. (Dkt. 59.) Robert filed objections and supplemental objections to the magistrate's decision, which the trial court overruled. (Dkt. 60, 66, 68, 69.) Robert filed a timely notice of appeal.

SECOND ASSIGNMENT OF ERROR

{¶8} "THE TRIAL COURT ERRED IN CHOOSING AN ANNULMENT INSTEAD OF A DIVORCE."

{¶9} R.C. 3105.01 sets forth the causes for divorce and provides, in part:

{ΒΆ10} "The court of common pleas may grant divorces for the ...


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