180 Ind. App. 533 - Johnson v. Johnson’s Empirical Analysis

Citation profile

16 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(a) the contribution of each spouse to the acquisition of the property, including the contribution of a spouse as homemaker; (b) the extent to which the property was acquired by each spouse prior to the marriage or through inheritance or gift; (c) the economic circumstances of the spouse at the time the disposition of the property is to become effective, including the desirability of awarding the family residence or the right to dwell therein for such periods as the court may deem just to the spouse having custody of any children; (d) the conduct of the parties during the marriage as related to the disposition or dissipation of their property; (e) the earnings or earning ability of the parties as related to a final division of property and final determination of the property rights of the parties. . . . ” We affirm.”

   2 later decisions quote this exact passage
   e.g. In Re the Marriage of Rupp · 182 Ind. App. 342 - In Re Marriage of Davis

2. ““(a) In an action pursuant to section 3(a) [31-l-11.5-3(a)] of this chapter, the court shall divide the property of the parties, whether owned by either spouse prior to the marriage, acquired by either spouse in his or her own right after the marriage and prior to final separation of the parties, or acquired by their joint efforts, in a just and reasonable manner, “In determining what is just and reasonable the court shall consider the following factors: “(1) The contribution of each spouse to the acquisition of the property, including the contribution of a spouse as homemaker; “(2) The extent to which the property was acquired by each spouse prior to the marriage or through inheritance or gift; “(3) The economic circumstances of the spouse at the time the disposition of the property is to become effective, including the desirability of awarding the family residence or the right to dwell therein for such periods as to the court may deem just to the spouse having custody of any children; “(4) The conduct of the parties during the marriage as related to the disposition or dissipation of their property; “(5) The earnings or earning ability of the parties as related to a final division of property and final determination of the property rights of the parties.””

   1 later decision quote this exact passage
   e.g. In Re the Marriage of Julien

3. ““Although an hourly rate is a factor to be considered in assessing attorney fees, it is not the sole factor. Traditionally, the size of the marital estate, the length of time necessary to obtain the desired result, and the possibility of appeal are other aspects to be weighed. Burkhart v. Burkhart, (1976) Ind.App., 349 N.E.2d 707 .””

   1 later decision quote this exact passage
   e.g. Finley v. Finley