Anchorage Property Division Modification Lawyer
The trial court has broad discretion in determining a property division in a divorce action. The division of property in a divorce action is a three-step process. The trial court (1) determines what property is available for distribution; (2) values the property; and (3) determines the most equitable allocation. Civil Rule 60(b) governs motions to modify an order or judgment for property division. This rule provides:
On motion and upon such terms as are just, the court may relieve a party or a party's legal representative from a final judgment, order, or proceeding for the following reasons:
(1) mistake, inadvertence, surprise or excusable neglect;
(2) newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under Rule 59(b);
(3) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party;
(4) the judgment is void;
(5) the judgment has been satisfied, released, or discharged, or a prior judgment upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment should have prospective application; or
(6) any other reason justifying relief from the operation of the judgment.
The motion shall be made within a reasonable time, and for reasons (1), (2) and (3) not more than one year after the date of notice of the judgment or orders as defined in Civil Rule 58.1(c). A motion under this subdivision (b) does not affect the finality of a judgment or suspend its operation. This rule does not limit the power of a court to entertain an independent action to relieve a party from a judgment, order or proceeding, or to grant relief to a defendant not personally served, or to set aside a judgment for fraud upon the court.
A trial court's determination of the property available for distribution is reviewed under an abuse of discretion standard. The valuation of available property is a factual determination that is reviewed under the clearly erroneous standard. If the trial court made legal determinations in the course of a property division, those determinations are reviewed under the "independent judgment" standard. Questions of law are reviewed de novo, adopting "the rule of law that is most persuasive in light of precedent, reason and policy."
A trial court's decision to modify a decree adjudicating property rights will not be overturned except upon a showing that the court has abused its discretion. An abuse of discretion will be found only when the appeals court is left with a definite and firm conviction, after reviewing the whole record, that the trial court erred in its ruling. Similarly, a trial court's decision will not be reversed on a motion for reconsideration absent an abuse of discretion.
Contact Attorney Kenneth M. Wasche for a Free Initial Consultation
Consultations can be scheduled on-site at attorney Kenneth M. Wasche's Anchorage office or off-site as necessary. As a licensed pilot and member of the Alaska Airman's Association Mr. Wasche can visit many of Alaska's road inaccessible locations by air.
To schedule a free initial consultation with an Alaska business law lawyer, call 907-980-1223 or send an e-mail.
