Timothy Charles Cooke v. Rita Moses Cooke

This appeal involves an amended final decree of divorce entered by the Circuit Court of Hamilton County (“trial court”) on December 20, 2021. Following a bench trial, the trial court granted the parties a divorce pursuant to Tennessee Code Annotated § 36-4-129(b), divided the parties’ marital assets and liabilities, and awarded transitional alimony to the wife in the amount of $1,200.00 per month for two months. Both parties subsequently filed motions to alter or amend the court’s ruling. The trial court entered an amended final decree, incorporating by reference a memorandum opinion wherein the court altered the percentages awarded to each party of certain items of marital property in its marital property distribution. The wife timely appealed. Following review, we affirm the trial court’s determinations concerning valuation and classification of the parties’ assets. We vacate, however, the portion of the trial court’s amended decree wherein the court altered the percentages awarded to each party, and we remand this issue to the trial court for further findings, explanation, and determination. By reason of this unresolved issue concerning the trial court’s marital property distribution, we likewise vacate and remand the trial court’s determinations regarding alimony and attorney’s fees for reconsideration following the court’s equitable division of marital property. The trial court’s amended final decree is affirmed in all other respects. The parties’ respective requests for attorney’s fees on appeal are denied.