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. [...]
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.
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. [...]
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. [...]
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. [...]
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. [...]
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. [...]
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. [...]
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. [...]
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. [...]