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Archive for the ‘Divorce’ Category

In re Marriage of Short – Divorce – Division of Marital Property

The characterization of employee stock options as separate or community property depends upon when the stock options were acquired. Stock options become characterized property on vesting. [...]

Written by Nymatlaw

June 8th, 2009

deCastro v. deCastro – Divorce – Division of Marital Property

A judge is not compelled to consider a husband’s contributions to the computer industry in a division of marital assets. The judge was not compelled to consider the husband’s contributions to the computer industry and we conclude that the judge’s findings with regard to contribution to the marital estate were more than adequate.

Written by Nymatlaw

June 8th, 2009

Vanderbilt v. Vanderbilt – Divorce

A court may not adjudicate a personal claim or obligation with regard to a party to a lawsuit without personal jurisdiction over that party. The Nevada court had no personal jurisdiction over Patricia and that court was powerless to cut off her support. [...]

Written by Nymatlaw

June 7th, 2009

Hagerty v. Hagerty – No Fault Divorce

In order to dissolve a marriage under no fault, the court simply must make a determination that for all intents and purposes the marriage is merely a hollow sham beyond any hope of reconciliation or repair. The issue of breakdown calls for a factual determination. The court therefore could properly consider the impact of treatment upon both Mr. Hagerty’s attitude and the existence of serious marital discord. [...]

Written by Nymatlaw

June 6th, 2009

Desrochers v. Desrochers – Divorce – Irreconcilable Differences

A separation due to marital difficulties is strong evidence of an irremediable breakdown of a marriage. We are hesitant to set forth specific circumstances to be used as permissible indices of an irretrievable breakdown of a marriage. [...]

Written by Nymatlaw

June 5th, 2009

Schlueter v. Schlueter – Divorce – Property Division

A spouse cannot have an independent action for fraud on the community at divorce. Because a wronged spouse has a remedy for fraud on the community through property division upon divorce we hold that there is no independent tort cause of action between spouses for damages to the community estate. [...]

Written by Nymatlaw

June 4th, 2009

Haacke v. Glenn – Annulment

Fraud that goes to the essence of a marriage is a common law ground for annulment. Under the common law a marriage could be annulled for fraud going to the essence of the marriage such that the fraud directly affects the marriage relationship, rather than the fraud as would be sufficient to rescind an ordinary civil contract. [...]

Written by Nymatlaw

May 11th, 2009

Posik v. Layton – Marriage Contracts

A contract between consenting adults that mirrors a marriage agreement is valid provided that the agreement does not rest upon illicit meretricious consideration. The evidence clearly indicates that there were no written contracts or agreements between the parties governing their relationship. Although the parties undoubtedly expected a sexual relationship, the record shows that they contemplated much more. They contracted for a permanent sharing of and participating in one another’s lives. We find this contract enforceable. [...]

Written by Nymatlaw

May 8th, 2009

Marvin v. Marvin – Non-Marital Relationships

Adults who voluntarily agree to pool their earnings and hold all property acquired during the relationship as community property may do so provided the agreement does not rest upon illicit meretricious consideration. The traditional laws of community property and the enforcement of the marital contract by the courts should not stand in the way of these types of parties to prove and demonstrate an implied contract, or an express contract for a partnership or joint venture. [...]

Written by Nymatlaw

May 7th, 2009

Newman v. Newman – Prenuptial Agreement

Prenuptial agreements are not void as against public policy on the grounds that they encourage and support divorce. For a prenuptial support and maintenance agreement to be unconscionable it must leave the spouse without means of reasonable support, either because of a lack of property resources or a condition of unemployability. [...]

Written by Nymatlaw

May 6th, 2009