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Family Law

JDR court’s dismissal on merits was final order (access required)

The circuit court has jurisdiction over this matter concerning a minor child because the JDR’s dismissal on the merits was a final order, thus permitting the circuit court to assume jurisdiction. Final order Initially, the court must decide whether this ...

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Husband remains liable for marital debt despite refinancing (access required)

Where the parties’ property settlement made husband liable for all marital debts, his subsequent loan default and post-marriage refinancing by both husband and wife did not make wife responsible for half of the new loan. Overview During the parties’ marriage, ...

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Acceptance of divorce agreement waived appeal (access required)

Where appellant wife claims the trial court should have granted her a continuance and allowed her to introduce evidence concerning equitable distribution and determination of assets and debts, her acceptance of a settlement agreement that was incorporated into the divorce ...

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Record supports divorce on adultery grounds (access required)

The record supports the trial court’s granting a divorce based on father’s adultery. The court’s custody award and the equitable distribution of marital property are likewise affirmed. However, the court’s awards of spousal support and child support are reversed. The ...

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No guardianship where living father still has legal custody (access required)

A minor child’s maternal grandparents cannot be appointed as the child’s guardians because her father is alive and has legal custody of the child. Overview Petitioners are the maternal grandparents of a 15-year-old child whose mother died in 2012. She ...

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Counsel had implicit authority to stipulate property value (access required)

In this divorce action, the trial court correctly ruled it could receive counsels’ stipulations as to property value but erred in part regarding determinations that certain real estate was husband’s separate property. The court also erred it classifying husband’s purchase ...

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Wife awarded attorney’s fee related to custody and support (access required)

Where the issue of attorney’s fees related to custody, visitation and child support were bifurcated from the underlying divorce matter, the court concludes that wife is entitled to an attorney’s fee. However, the court will apply a 30 percent reduction ...

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