Alberts v. Alberts

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Alberts v. Alberts

Case Number
A-18-0075
Court Number
Clay
Call Date
December 12, 2018
Case Time
1:00 PM
Case Summary

A-18-0075, Joan L. Alberts (Appellant) v. Thomas A. Alberts

District Court for Clay County, District Judge Vicky L. Johnson

Attorneys for Appellant:  Heather Swanson-Murray (Swanson Murray Law Firm) & Melody Turner Bellamy (Bellamy Law Office)

Attorneys for Appellee:  Adam Richard Little (Ballew Hazen Law Firm) & Joshua Aaron Johnson (Conway Pauley Law Firm)

Civil Action:  Dissolution of marriage

Action taken by the Trial Court:  The trial court dissolved the parties’ marriage, awarded legal custody of the parties’ minor children to Thomas, and awarded the parties joint physical custody of the children with parenting time on a rotating weekly basis. The court ordered Thomas to pay child support. The court valued and divided the marital estate and ordered Joan to pay an equalization payment to Thomas of $2,341,663.76. The court also ordered Joan to pay $20,000 of Thomas’ attorney fees.

Assignments of Error on Appeal:  Did the trial court err in its awards of legal and physical custody? Did the trial court err in determining premarital and post-filing property? Did the trial court err in its valuation and division of the marital estate? Did the trial court err in reversing its ruling to receive certain exhibits in its final order? Did the trial court err in not fully adopting the parties’ pretrial bidding agreement? Did the trial court err in not allowing Joan a credit for debt she paid off while the divorce was pending and under advisement? Did the trial court err in ordering Thomas to pay the debt that had already been paid off by Joan while the case was under advisement? Did the trial court err in excluding evidence regarding insurance proceeds and failing to address the issue of how the insurance proceeds were spent? Did the trial court err in ordering Joan to pay $2,341,663.76 to equalize the division of the marital estate? Did the trial court err in allowing Tom to withdraw his rest and offer further evidence after the case was taken under advisement and in ordering Joan to pay $20,000 to Thomas for attorney fees?

Case Location
Lincoln
Court Type
District Court
Schedule Code
A2
Panel Text
Moore, Chief Judge, Riedmann, and Welch, Judges