Category COA Opinions

Motley v. Simmons

Absent express Rule 78 language, an order is not appealable and may be modified by the trial court in the same action

When the parties reach an agreement, the court judges the fairness of the agreement based on the time it was made

The Drahos/Barnett formula provides a consistent baseline for determining the community's interest in a spouse's separate property

Property acquires character at the time at which the right to obtain title occurs, not when legal title is conveyed

The trial court may require one spouse to obtain a life insurance policy to ensure the equitable division of a pension

The promise to remain married is not sufficient to justify an unequal division of property in a post-nuptial agreement

Protective-order proceeding is a separate action for purposes of filing a notice of change of judge

The court may not grant joint legal decision-making to a legal parent and a third party requesting custody rights

The DCS Director has limited authority to review an ALJ's determination regarding a substantiated finding of abuse or neglect