In re MARRIAGE OF HIGHTOWER 830 N.E.2d 862 (2005) CASE BRIEF

In re MARRIAGE OF HIGHTOWER

830 N.E.2d 862 (2005)

NATURE OF THE CASE: Belinda (W) challenged a judgment of divorce on grounds of irreconcilable differences as well as child support and dissipation.

FACTS: H and W were married in 1984 and had a son in 1989. W filed a petition for dissolution of marriage in 2001, listing 'irreconcilable differences' as the ground for dissolution. The parties reached a settlement, which was reduced to writing and signed by both parties and their attorneys. W then informed the trial court that she intended to amend her pleadings to request dissolution on grounds other than those listed in her initial petition. Permission was granted. W then filed for dissolution of marriage, listing adultery as the ground for dissolution. D denied that the parties should be granted dissolution on the ground of adultery, because W 'has forgiven and condoned any purported acts of adultery.' At trial H testified that he and W began marital counseling in 1995. H admitted that he had fathered a child with another woman. H testified that W forgave him for his infidelity and that they resided together as husband and wife, shared the same room, shared domestic duties, and had an intimate relationship until W filed for divorce in May 2001. W testified that H had never told her that he fathered Lauren. W first learned of Lauren's existence in 1995 or 1996 from a private investigator but was unable to confirm that Lauren was H's daughter until April 2001, when she received a copy of the Hamilton County, Ohio, court document. The trial court concluded that H proved the defense of condonation. W appealed.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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