Ostanek v. Ostanek
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The Supreme Court reversed the judgment of the court of appeals to the extent it determined that an order of the domestic relations court had improperly modified a divorce decree and was void, holding that any error in the domestic relations court in exercising its jurisdiction in violation of Ohio Rev. Code 3105.171(I) rendered the order voidable, not void.
Appellee moved to vacate an order adopted by the domestic relations court that set forth how his federal retirement benefits would be shared with Appellant, his former spouse, asserting that the order had improperly modified the divorce decree's division of marital property. The domestic relations court denied the motion to vacate. The court of appeals reversed in part, concluding that the domestic relations court lacked jurisdiction to modify the divorce decree. The Supreme Court reversed, holding that the court of appeals erred in determining that the order in this case was void because it modified the prior divorce decree. Rather, the error in the exercise of the court's subject-matter jurisdiction rendered the error voidable, not void ab initio.
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