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In re the Marriage of Laura A. Ballinger v. Glenn M. Ballinger
Date: 10-10-2024
Case Number: 2014 OK CIV APP 92
Judge:
Court: District Court, Oklahoma County, Oklahoma
Plaintiff's Attorney: Jon Hester and Scott Hester
Defendant's Attorney: William E. Liebel and James T. Gorton
Description:
Oklahoma City, Oklahoma family law lawyers represented the parties in a divorce action.
Reported by: Kent Morlan
The parties were married in 1990. Shortly before the marriage, Husband commenced employment with the City of Oklahoma City as a firefighter. In 1996, Wife started her dental practice. In November 2011, Wife filed a petition for divorce, and a trial was held over four days in July 2012.
* * *
“A divorce suit is one of equitable cognizance in which the trial court has discretionary power to divide the marital estate.” Colclasure v. Colclasure, 2012 OK 97, ¶ 16, 295 P.3d 1123 (footnote omitted). The division of property acquired during the marriage by the joint industry of the husband and wife must be fair, just and reasonable. Id. ; 43 O.S. Supp.2012 § 121(B). “However, a marital estate need not necessarily be equally divided to be an equitable division because the words just and reasonable in § 121 are not synonymous with equal.” Colclasure, ¶ 16 (footnote omitted). “The trial court has wide latitude in determining what part of jointly-acquired property shall be awarded to each party.” Id. (footnote omitted). This Court will not disturb the trial court's decision regarding property division unless the trial court abused its discretion or the decision is clearly against the weight of the evidence. Standefer v. Standefer, 2001 OK 37, ¶ 19, 26 P.3d 104. See also Smith v. Villareal, 2012 OK 114, ¶ 7, 298 P.3d 533 (In an action of equitable cognizance there is a presumption in favor of the trial court's findings and they will not be set aside unless the trial court abused its discretion or the finding is clearly against the weight of the evidence.). Likewise, the decision of the trial court to classify property as marital or separate will not be disturbed on appeal unless clearly contrary to the weight of the evidence. Standefer, ¶ 18. “[T]he trial court's choice of method for the valuation of marital property and its determination of value will not be disturbed on appeal unless contrary to law or the clear weight of the evidence.” In re Marriage of Lahman, 2009 OK CIV APP 26, ¶ 13, 209 P.3d 793 (citations omitted).
Reported by: Kent Morlan
The parties were married in 1990. Shortly before the marriage, Husband commenced employment with the City of Oklahoma City as a firefighter. In 1996, Wife started her dental practice. In November 2011, Wife filed a petition for divorce, and a trial was held over four days in July 2012.
* * *
“A divorce suit is one of equitable cognizance in which the trial court has discretionary power to divide the marital estate.” Colclasure v. Colclasure, 2012 OK 97, ¶ 16, 295 P.3d 1123 (footnote omitted). The division of property acquired during the marriage by the joint industry of the husband and wife must be fair, just and reasonable. Id. ; 43 O.S. Supp.2012 § 121(B). “However, a marital estate need not necessarily be equally divided to be an equitable division because the words just and reasonable in § 121 are not synonymous with equal.” Colclasure, ¶ 16 (footnote omitted). “The trial court has wide latitude in determining what part of jointly-acquired property shall be awarded to each party.” Id. (footnote omitted). This Court will not disturb the trial court's decision regarding property division unless the trial court abused its discretion or the decision is clearly against the weight of the evidence. Standefer v. Standefer, 2001 OK 37, ¶ 19, 26 P.3d 104. See also Smith v. Villareal, 2012 OK 114, ¶ 7, 298 P.3d 533 (In an action of equitable cognizance there is a presumption in favor of the trial court's findings and they will not be set aside unless the trial court abused its discretion or the finding is clearly against the weight of the evidence.). Likewise, the decision of the trial court to classify property as marital or separate will not be disturbed on appeal unless clearly contrary to the weight of the evidence. Standefer, ¶ 18. “[T]he trial court's choice of method for the valuation of marital property and its determination of value will not be disturbed on appeal unless contrary to law or the clear weight of the evidence.” In re Marriage of Lahman, 2009 OK CIV APP 26, ¶ 13, 209 P.3d 793 (citations omitted).
Outcome:
Affirmed in part and reserved in part.
Plaintiff's Experts:
Defendant's Experts:
Comments:
About This Case
What was the outcome of In re the Marriage of Laura A. Ballinger v. Glenn M. Ball...?
The outcome was: Affirmed in part and reserved in part.
Which court heard In re the Marriage of Laura A. Ballinger v. Glenn M. Ball...?
This case was heard in District Court, Oklahoma County, Oklahoma, OK.
Who were the attorneys in In re the Marriage of Laura A. Ballinger v. Glenn M. Ball...?
Plaintiff's attorney: Jon Hester and Scott Hester. Defendant's attorney: William E. Liebel and James T. Gorton.
When was In re the Marriage of Laura A. Ballinger v. Glenn M. Ball... decided?
This case was decided on October 10, 2024.