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The Research Center
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         | 51. Divorce Source: Property Division/Appreciation in Separate Property/Third-Party Efforts
While the trial court is entitled to discretion in measuring the amount of appreciation which comes from various potential causes, the evidence of third-party contributions and demographic changes was so strong that the trial court abused its discretion by holding that these sources caused none of
... 5.9%
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         | 52. Divorce Source: STOCK OPTIONS AND OTHER RESTRICTED BENEFITS AS DIVISIBLE PROPERTY IN DIVORCE ACTIONS
Over the past twenty years, as the
... 5.9%
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         | 53. Divorce Source: Property Division/Gifts/Distribution from Trust
The husband established an irrevocable trust before the marriage and conveyed to it legal title to a home. During the marriage, the parties lived in the home.
... 5.9%
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         | 54. Divorce Source: Property Division/Valuation/Excess Earnings Method
In the North Carolina case, the wife
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         | 55. Divorce Source: Property Division/Personal Injury Proceeds/Allocation of General Settlement
The husband, a railroad employee, was injured during the parties marriage. He filed an action against the railroad and negotiated a general settlement. Under the settlement, the husband received $152,994 at the time of settlement,
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         | 56. Divorce Source: PROPERTY DIVISION TRIAGE - IDENTIFYING UNUSUAL TYPES OF DIVISIBLE PROPERTY
When health-care institutions are faced with a large number of catastrophic injuries in a very short period of time, they resort to a process known as triage. A doctor or nurse evaluates the patients, categorizing them as likely to survive without immediate attention; likely not to survive even with
... 5.9%
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         | 57. Divorce Source: DIVISION OF INTELLECTUAL PROPERTY INTERESTS UPON DIVORCE
Intellectual property interests fall into three main categories. For some purposes, the distinctions between these categories can be ignored; for other purposes, the law applicable to each category will be different.
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         | 58. Divorce Source: TRACING SEPARATE PROPERTY THROUGH A COMMINGLED BANK ACCOUNT
The second part of the problem involves proving that separate funds flowed out of the commingled account at a particular point in time. In the above example, for instance, assume that the presence of separate funds in the account is proven. Assume further that the account was completely liquidated a
... 5.9%
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         | 59. Divorce Source: DOMESTIC VIOLENCE AS A FACTOR IN DISTRIBUTING PROPERTY UPON DIVORCE
A majority of courts do not consider the conduct of the parties during the marriage as a relevant factor in making an equitable distribution of marital or community property. See Brett R. Turner, Equitable Distribution of Property 8.09 2d ed. 1994. In those states that do consider marital fault, eit
... 5.9%
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         | 60. Divorce Source: EQUITABLE DISTRIBUTION OF LOTTERY WINNINGS
(�1999) In the vast majority of cases, the court divided the lottery proceeds equally, rejecting the argument occasionally raised that the person who had purchased the ticket made an
... 5.9%
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