spouse claim (West Virginia) · Go Syfert
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spouse claim in West Virginia

11 West Virginia opinions name it 1 courts 1987–2020 0 in the last five years

The cases below were cited by West Virginia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
Roig v. Roiggreen
wva · 1987 · cited in 6 West Virginia opinions naming this issue, 1988–1999
2 sentences

1999See Roig, 178 W.Va. at 785 , 364 S.E.2d at 798 (“In all instances, the burden of proof is upon the spouse who would claim the gift”).

1999See Roig, 178 W.Va. at 785 , 364 S.E.2d at 798 (“In all instances, the burden of proof is upon the spouse who would claim the gift”).

46
State v. Baileygreen
wva · 1987 · cited in 1 West Virginia opinions naming this issue, 1995–1995
2 sentences

1995See State v. Bailey, 179 W.Va. 1 , 365 S.E.2d 46 (1987) (violations of these sections are subject to harmless error analysis).

1995See State v. Bailey, 179 W.Va. 1 , 365 S.E.2d 46 (1987) (violations of these sections are subject to harmless error analysis).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in West Virginia. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Patterson v. Patterson green
wva · 1981
2 sentences

2020In this regard, as we said in Patterson v. Patterson, 167 W.Va. 1 , 277 S.E.2d 709 (1981): . . .

2020In this regard, as we said in Patterson v. Patterson, 167 W.Va. 1 , 277 S.E.2d 709 (1981): . . .

31987–2020
Loudermilk v. Loudermilk green
wva · 1990
1 sentence

2016Syl. pt. 2, Loudermilk v. Loudermilk, 183 W.

12016–2016
Kinney v. Kinney green
wva · 1983
2 sentences

1996Syllabus Point 2 of Kinney v. Kinney, 172 W.Va. 284 , 304 S.E.2d 870 (1983), states: "‘W.Va.Code, 48-2-4(a)(10) [1977] which provides for a consensual divorce based upon irreconcilable differences allows the court to make a “just and equitable” award with regard to alimony, and since divorce on this ground is consensual, it is not necessary to find fault or inequitable conduct on the part of the spouse to be charged with an alimony award, although consideration may be given by the trial court to fault or inequitable conduct as one of many factors to be considered in determining what is “just a

1996Syllabus Point 2 of Kinney v. Kinney, 172 W.Va. 284 , 304 S.E.2d 870 (1983), states: "‘W.Va.Code, 48-2-4(a)(10) [1977] which provides for a consensual divorce based upon irreconcilable differences allows the court to make a “just and equitable” award with regard to alimony, and since divorce on this ground is consensual, it is not necessary to find fault or inequitable conduct on the part of the spouse to be charged with an alimony award, although consideration may be given by the trial court to fault or inequitable conduct as one of many factors to be considered in determining what is “just a

11996–1996
Haynes v. Haynes green
wva · 1980
2 sentences

1996Syllabus Point 2 of Kinney v. Kinney, 172 W.Va. 284 , 304 S.E.2d 870 (1983), states: "‘W.Va.Code, 48-2-4(a)(10) [1977] which provides for a consensual divorce based upon irreconcilable differences allows the court to make a “just and equitable” award with regard to alimony, and since divorce on this ground is consensual, it is not necessary to find fault or inequitable conduct on the part of the spouse to be charged with an alimony award, although consideration may be given by the trial court to fault or inequitable conduct as one of many factors to be considered in determining what is “just a

1996Syllabus Point 2 of Kinney v. Kinney, 172 W.Va. 284 , 304 S.E.2d 870 (1983), states: "‘W.Va.Code, 48-2-4(a)(10) [1977] which provides for a consensual divorce based upon irreconcilable differences allows the court to make a “just and equitable” award with regard to alimony, and since divorce on this ground is consensual, it is not necessary to find fault or inequitable conduct on the part of the spouse to be charged with an alimony award, although consideration may be given by the trial court to fault or inequitable conduct as one of many factors to be considered in determining what is “just a

11996–1996

Where else courts name it

CA 47 (1970–2026) WV 11 (1987–2020) FL 8 (1960–2024) MO 7 (1981–2024) AL 6 (1979–2010) MS 6 (1993–2015) AZ 6 (1998–2023) IL 6 (1990–2015) OH 5 (1994–2019) NY 5 (1911–2025) TX 4 (1987–2006) SC 4 (1985–2015) NE 3 (1978–2017) NC 3 (1968–1985) TN 2 (1988–2015) MA 2 (2006–2020) NM 2 (2022–2022) SD 2 (2018–2018) AR 2 (1986–1995)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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