Domestic Relations Laws Case Studies Domestic Relations Laws Objective 5.01

Broken Engagement and the Ring Despite Betty’s warning him that she would break off their engagement, Rick took a ten-day fishing trip with his buddies. When Betty broke off the engagement, Rick asked for his ring back, but Betty refused, saying he caused the breakup. Assume the couple lives in a state that allows the woman to keep the ring if the man breaks off the engagement. Is betty entitled to keep the ring? No. Although it was Rick’s actions that led Betty to call off the wedding, it was still Betty who actually called off the wedding.

Premarital Agreement Difficulties Reta, a wealthy heiress, fell in love with Darnell. Their premarital agreement allowed him nothing if he divorced her before 24 months, but after that he woud be entitled to $1 million. Darnell asked for a divorce 25 months after the wedding. Do you think that Darnell is entitled to the $1 million? Yes. A valid premarital agreement is a binding contract. Darnell is entitled to the money. However, because it is a contract, Reta can try to void the contract through a fraud claim.

A Long Separation Dan and Vicki were married for 12 years. Due to incompatibility, they obtained a legal separation but never divorced. Ten years later, Vicki wanted a divorce and felt entitled to half of the assets Dan had acquired after the separation. Assume the couple lives in a community property state. Do you think that Vicki has the right to ask for one-half of Dan’s assets? No. In states that recognize community property, a legal separation will usually prevent any claims for the right to property acquired after the separation.

Who takes the children? Luana and Dang have two sons and live in Texas. They are divorcing. Luana wants to move to Idaho to live with her parents. Dang, a wealthy executive who often travels, wants the sons with him. His is remarrying with a woman who will care for the boys. Which parent do you think should get the custody of the sons? It depends….Parents who come to court on equal footing to present their case will have the courts consider many things, including who primarily cared for the children, what the wishes of the children are, family stability issues, and monetary issues , including child support.

Dogs, Cats and Divorce Selma has acquired six dogs and eight cats since she and Sam got married. Sam now wants a divorce on the grounds of irreconcilable differences. He cannot stand living with so many animals. If you were the judge in this case, would you suggest the couple seek counseling or would you agree to let them divorce? The key word is irreconcilable. The couple has already decided they cannot be reconciled and a judge will usually grant the divorce without asking many questions.

Divorce Settlement Jana and Paul are divorcing and have a dispute over the custody of their two children. Jana is the primary income earner for the family. Paul works part-time from home. Paul wants to keep the house that was in his name before they married but is not titled in both their names. Paul and Jana live in a community property state. Can Paul keep the house? No. In community property states, assets are to be divided equally. Who will most likely receive physical custody of the children? It depends….Paul has more time to spend with the children since he works part-time, but Jana can provide a stable and secure environment.