Walters v. Walters
2011 WY 41
| Wyo. | 2011Background
- Virginia L. Walters filed for divorce from Lonnie Walters; no children were involved.
- Trial over three days focused primarily on marital property division and alleged restraining order violations.
- Court issued mutual restraining orders restricting expenditures; alleged violations were addressed at trial.
- Judgment and Decree of Divorce (June 3, 2009) incorporated a district court decision letter detailing the property division and contempt findings.
- Mrs. Walters was found to have willfully violated court orders, concealed assets, and looted the roustabout business, influencing the property split.
- On post-divorce matters, the district court found Mrs. Walters in civil contempt and imposed a monetary sanction; this aspect is reversed on appeal in part.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Contempt finding upheld? | Walters contends the contempt finding was improper and/or unsupported by clear and convincing evidence. | Walters argues the district court could properly find contempt given the conduct and credibility findings. | Contempt affirmed |
| Equitable division of marital property | Walters contends the property division was abusive of discretion or not supported by evidence. | Walters argues the court had discretion to distribute assets based on credibility and the overall distribution. | Division affirmed as equitable |
| Gift presumption regarding the 4.23 acre parcel | Walters asserts $50,000 was a gift to her, not a repayable loan to be reimbursed. | Walters rebutted the gift presumption; he provided evidence of his involvement and intent to be on the deed. | Gift rebutted; Walters credited |
Key Cases Cited
- Sweat v. Sweat, 72 P.3d 276 (Wyoming 2003) (equitable distribution viewed in context of overall asset division)
- Moss v. Moss, 156 P.3d 316 (Wyoming 2007) (equitable distribution may be unequal; deference to trial court)
- Barton v. Barton, 996 P.2d 1 (Wyoming 2000) (gift presumptions in property transfers between spouses)
- Tyler v. Tyler, 624 P.2d 784 (Wyoming 1981) (presumptions and ownership implications in spousal transfers)
- Abraham v. Great Western Energy, LLC, 101 P.3d 446 (Wyoming 2004) (spoliation and evidentiary inference in civil proceedings)
- Raymond v. Raymond, 956 P.2d 329 (Wyoming 1998) (credibility determinations; deferential review of findings)