CitationDowning v. Downing, 45 S.W.3d 449, 2001 Ky. App. LEXIS 41 (Ky. Ct. App. Apr. 6, 2001) Brief Fact Summary. Sharon filed a motion to increase Donald’s child support obligations as a result of a substantial increase in his monthly income. Synopsis of Rule of Law. This Court follows the Income Shares Model, under which a child should receive the same proportion o parental income that the child would have received if the parent’s had not been divorced. ...
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Curtis v. Kline
CitationCurtis v. Kline (appeal of Dep’t of Pub. Welfare), 542 Pa. 249, 666 A.2d 265, 1995 Pa. LEXIS 925 (Pa. Oct. 10, 1995) Brief Fact Summary. Appellee challenged the constitutionality of an Act which allowed a court to order separated, divorced, or unmarried parents to provide equitably for educational costs of a child, even after the child has reached 18. Synopsis of Rule of Law. The Act violates the equal protection clause of the Fourteenth Amendment because it is not rationally related to a legitimate state interest. ...
Pohlmann v. Pohlmann
CitationPohlmann v. Pohlmann, 703 So. 2d 1121, 1997 Fla. App. LEXIS 12761, 22 Fla. L. Weekly D 2592 (Fla. Dist. Ct. App. 5th Dist. Nov. 14, 1997) Brief Fact Summary. A former husband unsuccessfully petitioned to reduce his child support obligation, alleging that such a modification was justified by changed circumstances, including a permanent decrease in his income, his remarriage and his three children from this marriage, and his former wife’s remarriage. Synopsis of Rule of Law. Child Support Guidelines providing that the issue of subsequent children may only be raised in a proceedi ...
Cohen v. Cohen
CitationCohen v. Cohen, 470 Mass. 708, 25 N.E.3d 840, 2015 Mass. LEXIS 97 (Mass. Feb. 23, 2015) Brief Fact Summary. Husband challenged a court of appeals decision awarding his wife an interest in his unvested retirement benefits upon divorce. Synopsis of Rule of Law. Marital property includes retirement benefits, both vested and unvested which accrue during the marriage. ...
In Re Marriage of Roberts
CitationIn re Marriage of Bolding-Roberts, 113 P.3d 1265, 2005 Colo. App. LEXIS 589 (Colo. Ct. App. Apr. 21, 2005) Brief Fact Summary. Mathew and Leigh were married, and she supported him throughout law school. Shortly before graduation the couple separated, and upon divorce Leigh argued that Mathew’s degree was a martial asset subject to distribution. Synopsis of Rule of Law. A degree is not a marital asset subject to distribution upon divorce. ...
Keller v. O
CitationKeller v. O’Brien, 420 Mass. 820, 652 N.E.2d 589, 1995 Mass. LEXIS 314, 47 A.L.R.5th 855 (Mass. July 24, 1995) Brief Fact Summary. Plaintiff brought suit requesting a modification of his alimony payments to defendant upon her remarriage. Synopsis of Rule of Law. The Court adopts a rule whereby the recipient spouse’s remarriage does not of itself automatically terminate alimony, but is prima facie evidence requiring the court to terminate alimony absent proof of extraordinary circumstances established by the recipient spouse warranting its continuation ...
Deichert v. Deichert
CitationDeichert v. Deichert, 402 Pa. Super. 415, 587 A.2d 319, 1991 Pa. Super. LEXIS 503, Bankr. L. Rep. (CCH) P74,009 (Pa. Super. Ct. Feb. 26, 1991) Brief Fact Summary. Appellant filed bankruptcy and attempted to discharge several debts assigned to him in a previous divorce. The trial court found that several of the support debts were non-dischargeable. Synopsis of Rule of Law. Debts created to perform a support function are non-dischargeable in bankruptcy. ...
Orr v. Orr
CitationOrr v. Orr, 440 U.S. 268, 99 S. Ct. 1102, 59 L. Ed. 2d 306, 1979 U.S. LEXIS 65 (U.S. Mar. 5, 1979) Brief Fact Summary. Appellant alleged that Alabama’s alimony statute was unconstitutional because it provided that husbands, but not wives, may be required to pay alimony upon divorce. Synopsis of Rule of Law. The Alabama statute is unconstitutional because it is not rationally related to the legitimate state objectives proposed for the statute. ...
Michael v. Michael
CitationMichael v. Michael, 791 S.W.2d 772, 1990 Mo. App. LEXIS 689 (Mo. Ct. App. May 1, 1990) Brief Fact Summary. Appellant, husband, and plaintiff, wife, led a marriage in which plaintiff provide for financial stability and husband only provided limited domestic work. Appellant challenged the trial court’s division of marital property and failure to award maintenance upon divorce. Synopsis of Rule of Law. The sex of the parties should have no effect on the division of marital property and allowance of maintenance. ...
Rosenberg v. Rosenberg
CitationRosenberg v. Rosenberg, 64 Md. App. 487, 497 A.2d 485, 1985 Md. App. LEXIS 468 (Md. Ct. Spec. App. Sept. 10, 1985) Brief Fact Summary. Appellant and appellee divorced in a relationship in which appellant had accumulated significant assets, including ownership in multiple stocks. The appellant challenged the chancellor’s division of property. Synopsis of Rule of Law. Marital property generally includes all property not acquired prior to marriage, property acquired by inheritance or gift from a third party, or property excluded by valid agreement. Such property must be distribu ...
Ankenbrandt v. Richards
CitationAnkenbrandt v. Richards, 504 U.S. 689, 112 S. Ct. 2206, 119 L. Ed. 2d 468, 1992 U.S. LEXIS 3547, 60 U.S.L.W. 4532, 92 Cal. Daily Op. Service 4978, 92 Daily Journal DAR 7953, 6 Fla. L. Weekly Fed. S 400 (U.S. June 15, 1992) Brief Fact Summary. Petitioner sought to bring a federal tortious action against respondents for the abuse of her children based on diversity-of-citizenship. The district court dismissed the action based on the domestic relations exception to diversity jurisdiction. Synopsis of Rule of Law. The domestic relations exception to diversity jurisdiction applies only to ...
In Re Marriage of Kimura
CitationIn re Marriage of Kimura, 471 N.W.2d 869, 1991 Iowa Sup. LEXIS 222 (Iowa June 19, 1991) Brief Fact Summary. Ken and Fumi were married in Japan and Ken subsequently moved to Iowa. Ken filed for divorce in Iowa, and Fumi contested the personal and subject matter jurisdiction of the Iowa district court. Synopsis of Rule of Law. Rather than minimum contacts, domicile continues to be the basis for a court’s jurisdiction to grant a dissolution of marriage decree. However, under the divisible divorce doctrine, the court will not necessarily have jurisdiction to adjudicate other inci ...
Sosna v. Iowa
CitationSosna v. Iowa, 419 U.S. 393, 95 S. Ct. 553, 42 L. Ed. 2d 532, 1975 U.S. LEXIS 19, 19 Fed. R. Serv. 2d (Callaghan) 925 (U.S. Jan. 14, 1975) Brief Fact Summary. Appellant moved from New York to Iowa and one month later brought suit for divorce in Iowa. Appellant’s husband challenged the jurisdiction of the Iowa court. Synopsis of Rule of Law. A durational residency requirement is constitutional in that appellant was not permanently foreclosed from obtaining a divorce and the State’s interests in the requirement are legitimate. ...
Moses v. Moses
CitationMoses v. Moses, 140 N.J. Eq. 575, 53 A.2d 805, 1947 N.J. LEXIS 526, 173 A.L.R. 273 (E. & A. 1947) Brief Fact Summary. Appellee engaged in extensive personal and telephonic conversations with her divorce attorney regarding matters other than the representation. Appellant challenged the court’s granting of attorney’s fees and expenses to his wife’s counsel. Synopsis of Rule of Law. There is an obligation upon counsel, if he expects his fee to be paid by the other spouse, to control excessive demands upon his time, energy and intellect by the dependent spouse. ...
Florida Bar v. Dunagan
CitationThe Florida Bar v. Dunagan, 509 So. 2d 291, 1987 Fla. LEXIS 2033, 12 Fla. L. Weekly 330 (Fla. July 2, 1987) Brief Fact Summary. Dunagan represented a married couple in various business transactions, then represented the husband against the wife in a divorce proceeding. Wife sued for malpractice, and Dunagan sought review of a referree’s findings and recommendation against him. Synopsis of Rule of Law. A lawyer who has formerly represented a client is prohibited from representing another person in the same or a substantially related matter where that person’s interests ar ...
In Re Tsoutsouris
CitationIn re Tsoutsouris, 748 N.E.2d 856, 2001 Ind. LEXIS 510 (Ind. June 12, 2001) Brief Fact Summary. Respondent engaged in a sexual relationship with a client during his representation of her on a divorce proceeding. Synopsis of Rule of Law. The Indiana Court found that sexual relations between attorneys and clients were inappropriate in this situation because it could impact the attorney’s profession judgment on behalf of the client and the attorney/client privilege. ...
Littlejohn v. Rose
CitationLittlejohn v. Rose, 768 F.2d 765, 1985 U.S. App. LEXIS 20542, 38 Fair Empl. Prac. Cas. (BNA) 677, 38 Empl. Prac. Dec. (CCH) P35,525 (6th Cir. Ky. July 16, 1985) Brief Fact Summary. Appellant, a non-tenured teacher, brought suit claiming that the failure of the school to recommend the renewal of her teaching contract was based upon her impending divorce in violation of her constitutional rights of privacy and liberty. Synopsis of Rule of Law. It is a violation of appellant’s constitutional right to privacy and liberty to deny public employment on the basis of her impending divor ...
Aflalo v. Aflalo
CitationAflalo v. Aflalo, 295 N.J. Super. 527, 685 A.2d 523, 1996 N.J. Super. LEXIS 459 (Ch.Div. Feb. 29, 1996) Brief Fact Summary. Plaintiff sought dissolution of marriage, and a court order requiring defendant to provide a get to permit a Jewish divorce. Defendant refused to consent to the Jewish divorce. Synopsis of Rule of Law. A court order forcing defendant to produce a get in order to permit a Jewish divorce is unconstitutional in that it does not pass the threshold requirements of the Free Exercise Clause. ...
Twyman v. Ywyman
CitationTwyman v. Twyman, 855 S.W.2d 619, 1993 Tex. LEXIS 59, 36 Tex. Sup. J. 827, 61 U.S.L.W. 2748 (Tex. May 5, 1993) Brief Fact Summary. Wife brought suit for divorce, including a claim based no negligent or intentional infliction of emotional distress. Husband claimed that interspousal tort immunity precluded recovery. Synopsis of Rule of Law. Texas courts allowed joinder of a claim for intentional infliction of emotional distress to a divorce proceeding, subject to the principles of res judicata. ...
Boddie v. Connecticut
CitationBoddie v. Connecticut, 401 U.S. 371, 91 S. Ct. 780, 28 L. Ed. 2d 113, 1971 U.S. LEXIS 73 (U.S. Mar. 2, 1971) Brief Fact Summary. Appellants brought suit challenging the constitutionality of a statute requiring a fee to procure a divorce. Synopsis of Rule of Law. Due process prohibits a State from denying, solely because of inability to pay, access to its courts to individuals who seek judicial dissolution of their marriages. This is due to the basic position of the marriage relationship in society’s hierarchy of values and the concomitant state monopolization of the means for ...
Nieters v. Nieters
CitationNieters v. Nieters, 815 S.W.2d 124, 1991 Mo. App. LEXIS 1377 (Mo. Ct. App. Sept. 10, 1991) Brief Fact Summary. Husband filed a petition for dissolution of marriage claiming the marriage was irretrievably broken. Wife denied that the marriage was irretrievably broken. Synopsis of Rule of Law. Under Missouri law one of five factors must be proven when one of the parties to the marriage alleges that the marriage is not irretrievably broken. ...
Bennington v. Bennington
CitationBennington v. Bennington, 56 Ohio App. 2d 201, 381 N.E.2d 1355, 1978 Ohio App. LEXIS 7526, 10 Ohio Op. 3d 201 (Ohio Ct. App., Franklin County 1978) Brief Fact Summary. Plaintiff suffered a sever stroke, with resulting disagreements causing defendant to move into an adjacent travel van on the property. Plaintiff sued for alimony only, defendant countersued for divorce alleging the couple lived separate and apart for more than two years. Synopsis of Rule of Law. A cessation of marital duties and relations is required in order to prove that a married couple has lived separate and apart ...
Parker v. Parker
CitationParker v. Parker, 519 So. 2d 1232, 1988 Miss. LEXIS 157 (Miss. Feb. 17, 1988). 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
CitationHaymes v. Haymes, 221 A.D.2d 73, 646 N.Y.S.2d 315, 1996 N.Y. App. Div. LEXIS 7537 (N.Y. App. Div. 1st Dep’t July 2, 1996) 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
CitationIn re Marriage of McKim, 6 Cal. 3d 673, 493 P.2d 868, 100 Cal. Rptr. 140, 1972 Cal. LEXIS 277 (Cal. 1972) 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.” ...