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Posted by: Tanja Trezise on Jun 26, 2012

Court: TN Court of Appeals

Attorneys 1:

John E. Herbison, Clarksville, Tennessee, for the Appellant, Theresa Green.

Attorneys 2:

Donald Capparella and Amy J. Farrar, Nashville, Tennessee, for the Appellee, William Phillip Green.

Judge(s): DINKINS

Wife appeals the final decree of divorce, asserting that the trial court erred in failing to make findings as to what property constituted separate property and what constituted marital property; Wife also appeals the amount of alimony awarded to her. We conclude that the trial court erred in failing to classify the property and, accordingly, vacate the division of marital property and remand the case for the court to classify the parties’ property and debt and to modify the division of marital property if necessary. We affirm the trial court’s holding that an award of alimony to Wife is appropriate, but vacate the award of alimony in futuro and remand for the court to reconsider the nature and amount of alimony.