Chapter 12 Dividing the Assets after Divorce Kulp v Kulp Cases FINAL F couple divorced after 12 years of marriage son s cremated remains in urn They get divorced and must decide what to do with them I is this property that can be disposed of divided in divorce H appellate court vacated lower courts order and remanded with guidance that the court had authority to divide and dispose during divorce case and that if one party objects the division it should carry weight need to be relooked at because the lower court didn t consider previous cases correctly Said debt is considered assets as well and assets can be positive gains or negative losses Hardy v Hardy Congdon v Congdon F while college educated husband made 250 000 year 6 million in assets husband is vulgar to wife and kids strip clubs and swearing Wife had an affair filed for divorce H objects to alimony she needs to raise kids she has no job or education Issue does state law that that bars for adultery prevent her from H They punished him for his outrageous behavior and ignored her marital fault to grant alimony Rice v Rice FL F after divorce husband pays wife 5K month but ends if she remarries Wife sends invites t shirts Vegas Wedding Weekend 50 guests programs for marriage ceremony and exchanged rings European vacation live in same house stepfather She asked husband to raise child support because she uses that money for the children and it would end with her remarriage Husband sues to stop alimony because she remarried Wife says no intended to marry but when husband wouldn t increase child support decided not to marry no marriage only a commitment ceremony Issue does this behavior terminate alimony obligation Holding not married no benefits of mar social sec etc Compare to Stroud of VA Stroud v Stroud H F H and W divorce required 4K month alimony for life remarriage or cohabitate situation analogous to marriage W starts dating another woman and they cohabitate though she made sure never for more than 30 days which is required to be considered cohabitation I VA doesn t recognize marriage equality but can the same sex cohabiting cancel alimony o Lower court no H must still pay alimony because the W is with another woman and cannot be cohabitation not recognized in VA o Appeals No more alimony may be because they look down upon gay relationships and wanted to punish them The law intended people to include male or female she admitted she made sure girlfriend was not there for more than 30 days Even though court made it clear NOT bestowing them a legally recognizable marriage Mahoney v Mahoney I Is an advanced degree marital property to divide at divorce F At marriage Husband had engineering degree and Wife had BS During marriage W contributed 24K to household while H attended school for an MBA now commercial lending officer W started Master s and finished 1 year after divorce After years of marriage filed for no fault divorce and W wants reimbursement of of the 24K she spend on household while H at school and 6 500 tuition H Under equity principles the degree is unquantifiable o Majority of courts agree that degree is not an asset Chapter 13 Birth Control Buck v Bell F Carrie Buck was institutionalized for feeble mindedness after giving birth to none marital child she was the daughter of a woman who was institutionalized as well VA sues to get Carrie sterilized because they think feeble mindedness is passed down They tested her child H said 3 generations of feeble mindedness was enough to sterilize her o Said her daughter was feeble minded because nurse said the baby does not seem normal o US SCT voting 8 1 when asked to balance the substantive due process rights of a feeble minded woman committed to state institution it is better for all the world if instead of waiting to execute degenerate offspring from crime let them starve for their imbecility society can prevent those who are manifestly unfit from continuing their kind three generations of imbeciles are enough o 1927 Supreme Court upheld VA s law that permitted eugenic sterilization Skinner is the idea of eugenics really gone Ordering Man to get Vasectomy o 2014 Sentenced Jesse Lee Herald of Edinburgh VA for child endangerment hit and run driving and driving with suspended license had life of petty crime convictions o 20 months in prison OR vasectomy Chapter 14 abortion Roe v Wade F Norm McCorvey a carnival worker in Texas wants to get an abortion Texas criminalizes abortion and woman could only obtain one to save her life Doctors could get 2 5 years for giving one All but 6 states have this same law Norma goes to a doctor saying she was raped in order to get an abortion the doctor says he can t but connects her with lawyers I is restricting abortion violating constitutional rights H woman can choose to get abortion Planned Parenthood v Casey Changes Roe s standard to limit state regulations that cause an undue burden on woman s right to choose Says after viability starts are permitted to regulate abortions Bellotti v Baird McCullen v Coakley Minors can only get abortion with parents permission or If you don t want parents permission then you need a judicial by pass MA law restricts 35 feet buffer zones around abortion clinics People claimed engaging in pro life counseling and this would restrict their freedom of speech Supreme court overrule 9 0 o By denying petitioners the ability to engage in conversation and leafleting on public streets and sidewalks the law prevents the petitioners from engaging in exactly the transmission of ideas of the 1st amendment is meant to protect Court also held that in enacting the law MA overlooked other options that could serve the same interests without placing an undue burden avenues of speech and debate o Concurrence A blanket prohibition of speech in areas where only one type of politically charged speech is likely to occur cannot be content neutral Chapter 15 Assisted Reproductive Technologies Laura G v Peter G F while married H who had vasectomy supported idea and signed contract but never signed legal consent to use a sperm donor Now at divorce he says he shouldn t support and not his kid wife agrees court appoints child not yet born a legal representative so husband would have no financial responsibility for the sperm bank child but the court are not happy with this Fetus s lawyer said this would not be in the child s best interest and the court agreed H he will have to support it because he was ok with the idea of a sperm