Sargsyan v. Martirosyan


[Cite as Sargsyan v. Martirosyan, 2021-Ohio-4576.] IN THE COURT OF APPEALS OF OHIO TENTH APPELLATE DISTRICT Sergey Sargsyan, : Plaintiff-Appellee, : No. 21AP-2 v. : (C.P.C. No. 18DR-3012) Gayane Martirosyan, : (REGULAR CALENDAR) Defendant-Appellant : D E C I S I O N Rendered on December 28, 2021 On brief: Trolinger Law Offices, LLC, and Christopher L. Trolinger, for appellant. Argued: Christopher L. Trolinger. On brief: Sergey Sargsyan, pro se. Argued: Sergey Sargsyan. APPEAL from the Franklin County Court of Common Pleas, Division of Domestic Relations KLATT, J. {¶ 1} Defendant-appellant, Gayane Martirosyan, appeals from a judgment entry- decree of divorce entered by the Franklin County Court of Common Pleas, Division of Domestic Relations. For the following reasons, we affirm that judgment. {¶ 2} Appellant and plaintiff-appellee, Sergey Sargsyan, were married on July 27, 1999 in Yerevan, Armenia. The parties immigrated to the United States that same year; one child, a son, was born of the marriage.1 In 2002, the parties immigrated to Canada and 1 The son, born May 10, 2001, was emancipated at the time of trial. No. 21AP-2 2 resided together until appellee moved out in November 2008. On July 28, 2009, appellant filed what she captions in her merit brief as an "Application for corollary relief"2 in the Superior Court of Justice Family Court Branch in Ontario, Canada. That filing included appellant's averment that the parties had "lived separate and apart since November 1, 2008." Appellant sought spousal support, sole custody of the parties' minor child, child support, and property equalization. Id. {¶ 3} On February 24, 2011, the Canadian court entered an order granting the parties joint custody of their son and obligating appellee to pay child support and spousal support to appellant retroactive to January 1, 2009; the order did not divide the marital estate nor grant the parties a divorce. In October 2013, appellant purchased a home in Canada. Appellant tendered a fairly substantial down payment and obtained a mortgage. Appellee's name was not on the purchase documentation or the deed. {¶ 4} In July 2017, appellee and the parties' son moved to Columbus, Ohio. Appellant remained in Canada and sold her home in September 2017. Following satisfaction of the mortgage, appellant realized a profit from the sale. Appellant did not split the net proceeds with appellee; rather, she used the proceeds to purchase a home in Columbus. {¶ 5} On August 6, 2018, appellee filed a complaint for divorce, designating September 13, 2017 as the date the parties separated. Appellant answered the complaint on September 7, 2018, listing October 2008 as the date of separation; she did not file a counterclaim. On December 10, 2018, the parties appeared pro se before the trial court. During that proceeding, the parties inquired about the procedures involved in enforcing the Canadian child support and spousal support orders and indicated their desire to obtain a divorce. When questioned about their real estate holdings, appellee averred that he owned no real estate; appellant stated that she sold …

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Source: All recent Immigration Decisions In All the U.S. Courts of Appeals