Dahlke v. Dahlke
A common law action for unjust enrichment cannot be litigated in a divorce action.
A common law action for unjust enrichment cannot be litigated in a divorce action.
Trial court erred in deviating from an unequal division of the largest asset in the marital estate upon consideration of only one statutory factor, neglecting entirely the other statutory factors.
Father did not waive his right to object to wife’s parenting plan when he failed to submit his own plan prior to the scheduling conference. A scheduling conference is not a pretrial conference.
Absent a motion, petition or order to show cause brought by a party, the trial court lacked authority to amend or modify a custody order from joint to sole custody.
Circuit court did not erroneously exercise its discretion in admitting expert testimony on a legal definition, even if the testimony embraced an ultimate issue. The expert’s testimony encompassed specialized financial knowledge that would assist the jury in understanding the evidence presented.
Court will not aid either party to an illegal agreement. Contract to hide an asset from wife is not enforceable.
Trial court erred in not affording movant an opportunity to present testimony when he requested a “hearing de novo”. He was entitled to a fresh look at the issues.
“Clean hands doctrine” prohibits relief to wife who transferred condo to friend to avoid it being considered in divorce action. (Not published, but citable.)
Trial court was not required to accept the opinion of the only expert as to husband’s income. (Not published, but citable.)
Court did not misuse its discretion in not conducting evidentiary hearing on placement where it interpreted the motion to fill in the void from a previous order rather than to modify placement. (Not published, but citable.)