By: WISCONSIN LAW JOURNAL STAFF//April 17, 2023//
WI Court of Appeals – District III
Case Name: Terry Allen Olson v. Laurie Jean Olson
Case No.: 2021AP000775
Officials: Stark, P.J., Hruz and Gill, JJ.
Focus: Divorce
Laurie Olson appeals from a judgment of divorce. Specifically, Laurie argues that the circuit court erroneously exercised its discretion in dividing the parties’ property by failing to address her request for an unequal property division and including in the property division a portion of the value of a cabin gifted to her by her mother. Laurie also argues that she did not waive a possible judicial conflict; that the court erred in not adequately ruling on a motion in which she challenged her ex-husband’s competency; and that the court erroneously ruled on various motions addressing the granting of divorce and her ex-husband’s death.
The appeals court agrees with Laurie that the circuit court erroneously exercised its discretion by failing to address her request for an unequal property division and including in the property division her nonmarital property and reverses the court’s division of the parties’ property and remand for the court to modify the property division to award the entire value of the cabin to Laurie as nonmarital property, and to address Laurie’s unequal property division.
Affirmed in part, reversed in part, and remanded.
Decided 04/11/23