In the Matter of Rokowski
Annotate this CaseRespondent Shane Rokowski appealed the final decree in his divorce from petitioner Tammy Rokowski. On appeal, he argued that the Circuit Court erred by: (1) conducting its own internet research to ascertain the value of the marital home; (2) inequitably distributing the parties' assets and debts; (3) awarding the petitioner permanent lifetime alimony of $750 monthly; and (4) requiring him to pay certain expenses while the divorce was pending. Upon review, the Supreme Court agreed that the trial court erred in relying upon internet research to ascertain the marital home's value. The Court found that the accuracy of the trial court's sources in this regard could have reasonably been questioned, and as such, failed to meet the standard for judicial notice. Because the Supreme Court vacated the trial court's distribution of marital property, it declined to address respondent's arguments that the trial court improperly: (1) referred to, and allegedly considered when distributing the property, his drinking, hiding income, domestic violence, and alienation of the parties' children; (2) divided the parties' debts unequally; and (3) awarded the petitioner any interest in his businesses. For the same reason, the Court also declined to address respondent's arguments about the alimony award. Because the trial court based its alimony award in part upon 'the asset distribution,' and because that distribution was vacated, the alimony award was also vacated. The Court affirmed the trial court in all other respects, and remanded the case for further proceedings on valuation and distribution of the marital property.
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