In Re Marriage of Sellers

Appellant Beth Ann Sellers appeals from a postjudgment order reducing spousal support. Among the several grounds raised, she attacks the court’s failure to issue a statement of decision after respondent, Michael F. Sellers, requested one. Husband contends there was no error because subsequent to his request, he filed a written waiver of a statement of decision, and the court deemed it waived. We agree with wife that the court was required to issue a statement of decision, and its failure to do so is reversible error.

FACTS

Since the opinion is limited to the failure to render a statement of decision, we recite only those facts necessary to resolve that issue. A judgment dissolving the parties’ almost 22-year marriage was filed in July 2001. It contained detailed provisions for spousal support and calendared a review hearing for one year later. The parties submitted income and expense declarations and briefs prior to the review hearing, and they both testified at the hearing held on September 9, 2002. Directly following the completion of testimony and before closing argument, husband’s counsel asked “for a statement of decision from the court regarding the court’s…