Engel v. Engel
Trial court cannot allow other individuals (in this case, therapists) to make critical decision regarding a mother’s contact with her children without court oversight.
Trial court cannot allow other individuals (in this case, therapists) to make critical decision regarding a mother’s contact with her children without court oversight.
Trial court had jurisdiction to order marital property in Costa Rica to be sold and its proceeds divided.
Court may issue a non compete order against one spouse when awarding a family business to the other spouse.
Averaging stock values proposed by each side was error when court gave no explanation.
Trial court erred in dividing stock in kind. Where there are sufficient assets, any form of joint control or ownership of assets by divorced people should be avoided. The elimination of the source of strife and friction is sought and the financial affairs of divorced parties separated as far as possible.
Default judgment in divorce is not the same as in an ordinary civil case and will be vacated upon slight showing.
Procedure of granting divorce prior to final disposition of property is specifically disapproved of – better practice is to withhold granting divorce until all evidence is completed.
(1) Order to appear not necessary where spouse knew of trial date. (2) Appraisal attached to financial disclosure statement properly admitted as evidence. Court was entitled to accept wife’s appraisal as accurate because it was part of her financial disclosure statement.
Trial court exhibited a lack of impartiality during contempt hearing, since the record contains numerous remarks evidencing a predisposition to find contempt.
Roeder cited with approval.