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Family Law

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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Bigamous spouse not entitled to decedent’s 401(k) account (access required)

Where a decedent’s 401(k) plan provided his surviving spouse was entitled to receive the proceeds, and the plaintiff, his third wife, claimed she was the surviving spouse but evidence showed his prior marriage did not end in divorce, the plaintiff ...

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Nanny’s full cost properly added to support award (access required)

The trial court correctly included a nanny’s full salary as a child-care cost when calculating child support guidelines. Wife’s requested child-care costs were employment-related and reasonable. Overview The parties married in 2000 and separated in 2018. They have three minor ...

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Divorce correctly granted on grounds of cruelty (access required)

The trial court properly concluded “that husband’s pattern of behavior, culminating in the battery for which he was convicted, would ‘cause [a] reasonable apprehension of serious danger in the future’ or would be ‘likely to be repeated.’ … Therefore, the ...

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