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Family Law

Wife did not desert husband by getting protective order (access required)

Where wife obtained a protective order after husband assaulted her, this did not amount to her deserting him for purposes of determining a spousal support award. Protective order “Husband contends that the circuit court erred in granting wife’s motion to ...

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No continuance after fourth lawyer withdrew (access required)

Where husband’s fourth lawyer withdrew from representation on the morning of trial, the circuit court correctly denied husband’s motion for a continuance. Further, the court’s rulings regarding the equitable distribution and child support credits are affirmed. Continuance “Husband argues that ...

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Contempt order issued for violating separation agreement (access required)

Where the parties’ separation agreement required husband to remove wife’s name from certain real estate and list the property for sale, the trial court properly found him in contempt when he failed to do so. Overview “Wife alleged that husband ...

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Order barring support changes is void ab initio (access required)

Where a court order provided that father could not seek a modification of his child support obligation until he became current on his payments, the order is void ab initio because it “diminishes the court’s power to decree support[.]” Voidness ...

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Husband not required to get new life insurance policy (access required)

Where there were no life insurance policies naming wife as beneficiary when the court issued the final divorce decree, the court incorrectly ordered husband to obtain a new $100,000 policy for wife’s benefit. No statutory authority “A ‘court may order ...

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Fraud pleading insufficient to set aside divorce decree (access required)

The circuit court correctly concluded that it lacked power to grant equitable relief despite appellant’s pleading that the separation agreement was unconscionable and procured by fraud. Background Stephanie Shobe filed for divorce after a 10-year marriage to Steve Gilman, the ...

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