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Family Law Keyed to Weisberg
In Re Marriage of McKim
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- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
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- Brief Facts: A Synopsis of the Facts of the case.
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- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
The parties married in July of 1968 and separated in September of 1968. There were no children to the marriage. In October, the wife filed a verified complaint for divorce on the ground of extreme cruelty. In November, the parties stipulated that the wife may proceed to procure a default divorce. The stipulation provided for division of property, the wife waived alimony and the husband agreed to pay all community obligations. Husband’s default was entered in December. In January 1970, by operation of statute the divorce became a proceeding under the Family Law Act for dissolution of marriage on the ground of irreconcilable differences. In February, the proceeding came on for hearing. The wife did not appear, and her counsel did not explain her absence nor produce testimony on her behalf. The husband did not appear as a party, but attended the hearing under subpoena as a witness for the wife. The husband testified to the parties’ irreconcilable differences, but the tr ial court indicated that the proceeding could not go forward on the basis of the husband’s testimony.
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