Kimberly Jo Cole v. Belinda Anderson, Executrix of the Estate of Dallas Ray Simons

Summary

The Supreme Court of Appeals of West Virginia affirmed the circuit court’s refusal to entertain Kimberly Jo Cole’s appeal from an agreed final divorce order. The court held that Cole knowingly and voluntarily entered into a fair and equitable property settlement agreement addressing the marital residence, retirement benefits, tax refunds, and equalization payments. The court also concluded that the family court properly adopted and incorporated the agreement into the final order.

Holdings

1. An oral separation or property settlement agreement may be placed on the record and adopted by a family court when the parties understand its terms, voluntarily agree without coercion, receive adequate financial disclosure, and the court finds the agreement fair and equitable.
2. The equitable distribution provisions were enforceable and would not be disturbed because Cole knowingly and intelligently agreed to them, and the record supported the family court's findings that the agreement was voluntary, fair, and equitable.
3. The circuit court properly refused Cole's appeal from the family court's agreed final order.

Questions Presented

1. Whether the family court properly adopted and incorporated the parties' oral property settlement agreement into the agreed final divorce order.
2. Whether the equitable distribution provisions concerning the marital residence and Cole's retirement benefits should be disturbed on appeal.
3. Whether the circuit court properly refused Cole's appeal from the family court's agreed final order.

Disposition

affirmed