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Marital Property Court Decisions

Charles Clifford McCoy v. Lisa Collins McCoy (01/12/2010)
Marital Property Division, Spousal Support, Insurance
No error in trial court’s finding that appellant was in civil contempt for refusing to provide health insurance to appellee as provided under an agreement that was incorporated into their final decree of divorce where the health insurance provision was not a form of spousal support and appellee’s contractual right was not affected by her remarriage

Barbara J. Sims v. Marvin Junior Sims (12/15/2009)
Marital Property Division, Unconscionable
Error in final decree of divorce incorporating property settlement agreement between parties as the agreement was unconscionable and must be set aside; remanded to trial court for further proceedings

Christopher John Duva v. Karen Denise Duva (12/08/2009)
Child Custody, Marital Property Division
Trial court did not err in declining to find a material change in circumstances and in refusing to modify appellant's visitation with the parties' children; equitable distribution award reversed and remanded to trial court where trial court applied the incorrect standard in determining whether certain property is separate, marital or hybrid

Matthew J. Shiembob v. Susan Wren Shiembob (11/24/2009)
Marital Property Distribution, Attorney's Fees
Trial court erred in ruling that 2008 and 2009 shares of restricted stock was marital property, equitable distribution award remanded to trial court for further proceeding; trial’s courts rulings on attorney’s fees, protective order, and order unsealing trial court record affirmed

Rabha Chaplain v. Billy W. Chaplain (09/08/2009)
Marital Property Division
Order appealed from is an appealable interlocutory order; trial court erred in finding parties’ premarital agreement was valid and enforceable

Joseph Anthony Stroud v. Debra Lyn Stroud (06/16/2009)
Marital Property Division, Property Settlement Agreement
Trial court did not err in refusing to award appellant attorney’s fees based upon the property settlement agreement default provisions where appellant was not entitled to unilaterally modify the terms of the agreement and appellee had no choice but to initiate proceedings for resolution of the issue and was not in default of the agreement