Potts v. Potts (Majority)
Annotate this CaseWife appealed a decree entered by the circuit court divorcing her from Husband and contested the denial of her motion for reconsideration. Specifically, Wife argued that the circuit court erred (1) by deciding the parties’ property issues; (2) by modifying their agreement regarding custody and visitation without a hearing; and (3) by omitting from the decree the parties’ agreement for Husband to move to Northwest Arkansas. The Supreme Court reversed, holding (1) the circuit court’s findings on the division of property and debts were clearly erroneous because the court did not conduct a hearing and, rather, accepted Husband’s version of facts and events in dividing the parties’ property and debts; and (2) the circuit court clearly erred by rendering decisions regarding custody and visitation without a hearing.
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