Keller v. Keller’s Empirical Analysis

Citation profile

19 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “As a rule, property acquired before marriage and titled in the purchaser’s own name is nonmarital property.... The source of funds rule is used to determine whether property acquired after marriage is marital or nonmarital. The character of property is determined by the source of funds used to finance the purchase of the property. Property is considered to be acquired as it is paid for, not when title passes. When applying the “source of funds” rule to determine whether acquired property is marital or nonmarital, the term “acquired” has been defined as an on-going process of making payments for the acquired property. When property acquired pri- or to marriage is subject to a loan, the property becomes marital property to the extent marital funds are used to pay off the loan. All property on which marital funds are expended is marital property regardless of the date of acquisition and status of title.”

   1 later decision quote this exact passage · from the majority
   e.g. Rodieck v. Rodieck

2. “In a proceeding for dissolution of the marriage ..., the court shall set apart to each spouse such spouse’s nonmarital property and shall divide the marital property in such proportions as the court deems just after considering all relevant factors including: (1) The economic circumstances of each spouse at the time the division of property is to become effective, including the desirability of awarding the family home or the right to live therein for reasonable periods to the spouse having custody of any children; (2) The contribution of each spouse to the acquisition of the marital property, including the contribution of a spouse as homemaker; (3) The value of the nonmarital property set apart to each spouse; (4) The conduct of the parties during the marriage; and (5) Custodial arrangements for minor children. 8”

   1 later decision quote this exact passage · from the majority
   e.g. Hall v. Hall

3. “In its judgment, the trial court ordered: In the event that either party brings an action for failure to perform any of the obligations imposed by this order on him or her, or for enforcement or clarification of the order, the prevailing party in such action shall have the right to recover his or her attorney’s fees and litigation costs reasonably expended in prosecuting or defending the action. However, no attorney’s fees shall be so recovered by a party filing an action unless that party seeking to recover said attorney’s fees and costs shall have mailed to the breaching party written notice of the alleged failure to perform, and said alleged failure was not cured within ten (10) days after the date of mailing said notice by certified mail to the alleged breaching party’s business or residence address.”

   1 later decision quote this exact passage · from the majority
   e.g. Sullivan v. Sullivan