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Parker v. Parker
Content Type: Brief

View this case and other resources at: Citation. 519 So. 2d 1232,1988 Miss. Brief Fact Summary. Appellant requested a divorce based on habitual cruel and inhuman treatment and produced testimony attesting to such treatment. The court denied appellant's divorce based on recrimination due to appellant's adultery. Synopsis of Rule of Law. Under the doctrine of recrimination equal guilt of a complainant bars his/her right to divorce, with the principle consideration being that complainant must come into the court with clean hands. ...

Haymes v. Haymes
Content Type: Brief

View this case and other resources at: Citation. 221 A.D.2d 73,646 N.Y.S.2d 315,1996 N.Y. App. Div. Brief Fact Summary. Plaintiff brought suit for divorce based on abandonment. Defendant responded that her claim of abandonment was precluded because of a brief attempt at reconciliation. Synopsis of Rule of Law. An attempt at reconciliation does not preclude entry of a valid claim for abandonment as a matter of law. ...

In Re Marriage of McKim
Content Type: Brief

View this case and other resources at: Citation. 6 Cal. 3d 673,493 P.2d 868,100 Cal. Rptr. 140,1972 Cal. Brief Fact Summary. Petitioner moved for divorce based on irreconcilable differences. The trial court did not permit the proceeding to go forward based solely on the husband's testimony when the wife failed to appear. Synopsis of Rule of Law. The court found that except in exceptional circumstances, the petitioner must appear and give testimony as to irreconcilable differences in most circumstance even though the procedure is "no fault." ...

Lickle v. Lickle
Content Type: Brief

View this case and other resources at: Citation. 188 Md. 403,52 A.2d 910,1947 Md. Brief Fact Summary. Testimony revealed that appellant, a married man, had spent significant amounts of time away from his home with co-respondent, a woman in a separate marital relationship. Appellant's wife was granted a divorce based on appellant's adultery. Synopsis of Rule of Law. To prove adultery through circumstantial evidence, it must be established that there was both an opportunity and a disposition to commit the act. ...

Clark v. Jeter
Content Type: Brief

View this case and other resources at: Citation. 486 U.S. 456,108 S. Ct. 1910,100 L. Ed. 2d 465,1988 U.S. Brief Fact Summary. Petitioner challenged a Pennsylvania statute that required proof of paternity to receive support, and established a six year statute of limitations for paternity actions. Synopsis of Rule of Law. Under heightened scrutiny the statute is unconstitutional because it is not substantially related to the State's interest in avoiding the litigation of stale or fraudulent claims. ...

In Re Guardianship of Kowalski (Kowalski III)
Content Type: Brief

View this case and other resources at: Citation. 478 N.W.2d 790,1991 Minn. App. Brief Fact Summary. Appellant petitioned to be appointed guardian of her lesbian partner after her partner was involved in a serious accident. The court denied appellant's petition and instead attempted to appoint what it considered to be a neutral guardian. Synopsis of Rule of Law. The appointment of a guardian should be based on the best interests of the ward, taking into consideration the ward's expressed preference and the petitioner's qualifications. ...

Trammel v. United States
Content Type: Brief

View this case and other resources at: Citation. 445 U.S. 40,100 S. Ct. 906,63 L. Ed. 2d 186,1980 U.S. Brief Fact Summary. Petitioner was convicted of importing heroin into the United States and conspiracy to import, based upon the testimony of his wife. Petitioner appealed, claiming that the admission of the adverse testimony of his wife, over his objection, contravened prior precedent and therefore constituted reversible error. Synopsis of Rule of Law. The witness-spouse alone has a privilege to refuse to testify adversely; the witness may be neither compelled to testify no ...

People v. Liberta
Content Type: Brief

View this case and other resources at: Citation. 62 N.Y.2d 651; 1984 N.Y. Brief Fact Summary. Defendant was indicted for the rape and sodomy of his wife, with whom he was separated. The defendant was convicted and appealed, asserting that both statutes are unconstitutional. Synopsis of Rule of Law. The marital exemption and the female exemption to the rape and sodomy statutes are unconstitutional based upon equal protection analysis. ...

Osborne v. Payne
Content Type: Brief

View this case and other resources at: Citation. 31 S.W.3d 911,2000 Ky. Brief Fact Summary. Payne and his wife went to marriage counseling lead by their priest Osborne. Osborne and Payne's wife had an extramarital affair, resulting in divorce between Payne and wife. Payne brought suit against Osborne and the Diocese based on the tort of outrageous conduct. Synopsis of Rule of Law. To prove the tort of outrageous conduct or intentional infliction of emotional distress, petitioner must prove that the wrongdoer's conduct was intentional or reckless; that the conduct was outrage ...

Hutelmyer v. Cox
Content Type: Brief

View this case and other resources at: Citation. 133 N.C. App. 364,514 S.E.2d 554,1999 N.C. App. Brief Fact Summary. Plaintiff brought suit against Defendant for alienating the affections of her husband and criminal conversation after Defendant actively participated in an extramarital affair with Plaintiff's husband. Punitive and compensatory damages were awarded at trial for Plaintiff. Synopsis of Rule of Law. Alienation of affections and criminal conversation may be established when defendant's wrongful actions are the effective cause of alienation between spouses. ...