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The Research Center
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         | 41. Divorce Source: COMMON-LAW FRAUD AS A REMEDY FOR ASSET-RELATED MISCONDUCT
The precise causes of this explosion in case law are not entirely clear, but there are a number of likely possibilities. First, during the first few years of equitable distribution, the general public was not entirely aware that divorce courts possess the power to order transfer of property without
... 5.9%
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         | 42. Divorce Source: Property Division/Intellectual Property/Future Patent Royalties
The husband owned partnership interests in two patents for a cable television service which allows viewers to choose their own programming at their own times. The trial court awarded the wife 40% of the future royalties from these patents, and the husband appealed, arguing that the royalties were to
... 5.9%
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         | 43. Divorce Source: Property Division/Separate Property/Appreciation
The presence of the debt, combined with the fact that the husband was not the only executive working for the company, made it likely that at least some of the appreciation was passive. The court stressed, however, that appreciation is completely passive only where the owning spouse has made no contr
... 5.9%
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         | 44. Divorce Source: Property Division/Retirement Benefits/Post-Separation Appreciation
In a major decision addressing an issue of first impression, the Colorado Supreme Court has held that the marital estates percentage interest applies to the entire amount of retirement benefits received by each spouse, including postdivorce appreciation.
... 5.9%
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         | 45. Divorce Source: THE EFFECT OF INTERSPOUSAL TRANSFERS UPON CLASSIFICATION OF SEPARATE PROPERTY IN DIVORCE CASES
Over the past few years, few areas of property division law have been as difficult as determining the consequences of an interspousal conveyance of separate property. The effect of such a conveyance depends in the first instance upon whether the court views it as a contract, a gift, or a mere transf
... 5.9%
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         | 46. Divorce Source: Property Division/Gifts/Transfer from Parents
The court then listed the factors to be considered in determining whether a transfer was a gift: the testimony of the donor; the testimony of the alleged donee; any documents surrounding the transaction; whether a gift tax return was filed; and whether an excise tax was paid on the deed.
... 5.9%
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         | 47. Divorce Source: Property Division/Debts/Interspousal Obligations
Further, if the divorce court lacked authority to order repayment of interspousal debts, such debts would have to be enforced in a separate legal action, which would consume needless judicial resources.
... 5.9%
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         | 48. Divorce Source: Property Division/Installment Award/Duration of Payment
When one spouse owns a professional practice or other nonmarketable business, the only practical method for dividing that asset between the parties is a monetary award.
... 5.9%
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         | 49. Divorce Source: Property Division/Workers' Compensation Awards/Classification
In 1976, the husband received a rotator cuff injury related to his employment. He continued working for the employer while receiving medical treatment and even undergoing surgery to repair the injury. His employment ended after a plant shutdown in 1987, and he did not return to work after that date.
... 5.9%
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         | 50. Divorce Source: BLENDED FAMILIES IN THE 1990s: PROPERTY DIVISION ISSUES INVOLVING NONMARITAL CHILDREN
The rapidly increasing divorce rate of recent years has focused a great deal of public attention on the problems of the single-parent family. This attention is fully justified, as there are more single-parent families today than there have ever been in the past.
... 5.9%
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