In regarding the Marriage of Dougall, appellant Richard Dougall appeals the trial court’s denial of his motion for reconsideration challenging their post-dissolution-decree order of spousal maintenance arrearages to appellee Myrna Dougall. He argues that Arizona Revised Statute 25-530 prevents the court from considering Veterans Administration (VA) disability benefits as income when calculating and determining the payment of arrearages of an award of spousal maintenance. A Brief History of the Case: In Re the Marriage of Richard S. Dougall, Petitioner/Appellant, and Myrna R. Dougall, Respondent/Appellee The marriage between the two parties involved (Richard S. Dougall and Myrna R. Dougall) was dissolved in 2008 with the dissolution decree ordering Richard to pay Myrna $750 per month in spousal maintenance. Each of the two parties was also awarded one half interest in two parcels of property. Richard was ordered by the court to obtain appraisals and pay a fair share of the equity (as designated by the court’s property division assessment) to Myrna. In 2011, the court entered two judgments against Richard for failing to comply with obligations set down in the court order. A $5,000 judgment represented Myrna’s interest in one of the properties. The second judgment for $4,745 represented spousal maintenance arrearages. The court also reduced Richard’s spousal maintenance obligation to $500 per month effective August 2011. In August 2012, Myrna filed a petition to enforce the
Mr. Simpson, a minor resident of California, is seeking to inherit from the estate of Mrs. Sweeney, decedent and resident of California at time of death, under the doctrine of equitable adoption. Mrs. Sweeney is the widow of Sam Sweeney (hereinafter called “Mr. Sweeney”), and the mother of Hannah Sweeney (hereinafter referred to as “Hannah”), the biological daughter of Mr. and Mrs. Sweeney (hereinafter referred to jointly as “the Sweeney’s”). Simpson interview, pg 3. In 2008, the Sweeney’s obtained formal custody of Mr. Simpson from the San Diego, Superior Court in California. Id. at 7. Mr. Simpson was eight at the time of obtaining custody. Id. at 4. The custody agreement awarded sole custody of Mr. Simpson to the Sweeney’s. During the time Mr. Sweeney was alive, Mrs. Sweeney attempted to talk Mr. Sweeney into formal adoption of Mr. Sweeney numerous time to no avail. Id. at 4. Mr. Sweeney did not believe in formal adoption of children, but nevertheless he continued to care for Mr. Simpson as he was his own child. Id. Mrs. Sweeney also spoke with an attorney about adoption while Mr. Sweeney was still alive. Id. at 5. During this time the Sweeney’s fed, clothed, and provided a home for Mr. Simpson without the financial support of others. Id. at 6. Mr. Simpson also went on vacations and took part in events, such as family pictures, that would form a familial relationship, and Mrs. Sweeney wore a “mothers ring” with Hannah’s and Mr.
Linda Jordan wants to know if Tod Wood, her current partner, will be able to prove that a common-law marriage had been established. Under Montana common-law courts have held that the party claiming a common-law marriage must prove: “(1) that the parties were competent to enter into a marriage; (2) that the parties assumed a marital relationship by mutual consent and agreement; and (3) that the parties confirmed their marriage by cohabitation and public repute.” Barnett v. Hunsaker (In re Estate of Hunsaker), 968 P.2d 281, 285 (Mont. 1998). (Citing In re Estate of Alcorn, 868 P.2d 629, 630 (Mont. 1994)). There is no doubt that Ms.
The primary legal question facing the court is whether or not Ms Jonah and Mr White’s relationships can be classified and recognised as de-facto in accordance with the definition produced in section 4AA (1) of the Act. In order for the court to decide, it must be established if the pair’s relationships was one of a “genuine domestic basis”. The court must analyse Murphy J’s decision that the parties did not hold a “reputation” as a coupledom. Whether or not the feelings of both parties towards the grounds of their relationship was mutual is questioned. Furthermore, the appeal highlights that in accordance with the Act and precedence of Green v Green (1989) 17 NSWLR 343, it is possible for a marriage and a de-facto relationship to exist simultaneously, thus the court must address whether or not this fact is relevant to the decision.
H, 1999, para 9 &13). After separation, M “sought an order for partition and sale of the house and other relief” and spousal support under the Family Law Act” (para14). Both M and H settled their financial disputes (para18). However, M challenged the s.29 of the FLA and argued that definition of spouse in the act was only apply to heterosexual married couples and to unmarried couples who cohabited for maximum for three year (para 50) .The Supreme Court of Canada held that the s.15 (1) of the Charter is infringed by the Family Law Act. Further, the impugned legislation is not saved under s. 1 of the Charter (134). In addition, the FLA constructs distinction between the same-sex couples and opposite-sex couples that resulted in unequal benefits and protection to the claimants and also make same-sex couples vulnerable (para 62, 69). The Supreme Court of Canada declared remedy and gave Ontario six month to change the definition of the spouse (147).
Christopher Lambesis (Father) and Erin Lambesis (Mother) were divorced in 2013. In the divorce decree, Father was ordered to pay Mother $100 per month for child support for the two minor children. In October 2014, Father filed a Petition to Modify Child Support. Based on his own calculations using the Parent’s Worksheet for Child Support, he requested Mother pay him $100 per month. Mother requested a hearing in response including her own calculations indicating that Father should be paying her $123 per month. An evidentiary hearing was held and the court ordered Father to pay mother child support amounting to $149.30 per month. Father filed a Motion for a New Trial stating that he was not provided with documentation regarding Mother’s financial status in a timely manner and that the family court’s child support obligation calculations were incorrect. Mother filed an Application for Attorneys’ Fees and Costs. The court denied Father’s request for a new trial and granted Mother’s request for attorney fees. Father filed a motion to reconsider the allocation of parenting time coordinator’s fees. This motion was also denied. Father appealed the court’s decision.
Two New York residents, both women, married lawfully in Canada. When one of the spouses, Thea Spyer, died, she left her estate to the other spouse, Edith Windsor. Windsor was not able to claim the estate tax exemption for surviving spouses because of the Defense of Marriage Act (DOMA), a federal law that excluded same-sex partners from the definition of “spouse” in its statutory use. Both the district court and the court of appeals found that portion of the statute unconstitutional.
During the 1870s and 1880s, the plural marriage created a crisis for Mormonism. Bigamy was recognized as an offense by the early English ecclesiastical courts, which considered it an affront to the marriage Sacrament. Parliament enacted a statute in 1604 that made bigamy a felony cognizable in the English common law courts.
THIS CAUSE having come on to be heard before the Court upon the Wife’s Complaint for Divorce, and the Husband’s Counter Complaint for Divorce, and the Court having scheduled a Final Hearing for June 17, 2012, and the parties and their respective counsel having appeared before the Court on said date, and the parties having established residency during the Final Hearing,
Big mansions and beautiful houses settled the small village of Amityville, NY. The DeFeo family lived a charming life amongst beautiful beaches, mansions, and big boats. They had anything a person could wish for. From the outside, everything seemed charming, but underneath lived turbulent waters that lead to the murder of six people.
Saturday at the courthouse. Rick is so happy that he found a lawyer and is against the store employee. He is mad because the store employee has some good things on him, but rick had no idea that he needed to use manners. He had no clue what they were any way. Now he knows and is ready to get out of jail. It was silly what manners can do for you.
The idea of going to the courthouse to let the judge marry us was not a bad idea. However, all I could think about was pleasing my mom and dad and giving them the opportunity to witness their youngest daughter walking down the aisle in a big, large, white gown. I just had a good feeling that the thought of me getting married at a courthouse would disappoint them. Still, I needed to do what was best for me and my husband and what would make us both happy. So, we decided to stick with the courthouse idea and get married on the same date we decided on from the beginning.
Plaintiff Jules Cobb brought this suit action against her former fiancé Joseph Gardener for damages resulting from conversion of under New York state law. Plaintiff Cobb has moved for summary judgement pursuant to Rule 56 of the Federal Rules of Civil Procedure, claiming that there is no genuine dispute of fact as to whether the engagement gift was given under the sole consideration of marriage. Based on the analysis set forth however, genuine issues of material fact do exist, both as to whether marriage was the sole consideration of the gift and as to whether Cobb was already married at the time the gift was given. Therefore, Plaintiff’s motion for summary judgement should be denied.
Part of the Symposium on DOMA and issues concerning federalism and interstate recognition of same-sex relationships
in divorce from the 1970’s to 2012 (ONS, 2012). It could be argued that children are
Historic change in American matrimony is especially pronounced in three areas: the equalizing of the respective rights and duties of wives and husbands, the dissolution of marital prohibitions based on race, and the evolution from state-defined grounds for divorce to couple-defined no fault divorce. The most recent area of debate is whether the state should sanction marital consent between same-sex couples. Although such a prospect is unthinkable to some, earlier forms of legal marriage are equally unimaginable now.