Schoenwald v. Schoenwald’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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Under the Ruff-Fischer guidelines, the court must consider: the respective ages of the parties, their earning ability, the duration of the marriage and conduct of the parties during the marriage, their station in life, the circumstances and necessities of each, their health and physical condition, their financial circumstances as shown by the property owned at the time, its value at the time, its income-producing capacity, if any, whether accumulated before or after the marriage, and such other matters as may be material. [Kostelecky, 2006 ND 120, ¶ 12 , 714 N.W.2d 845 ]. “ ‘[A] property division need not be equal to be equitable, but a substantial disparity must be explained.’ ” Amsbaugh, 2004 ND 11, ¶ 23 , 673 N.W.2d 601 (quoting Bladow v. Bladow, 2003 ND 123, ¶ 5 , 665 N.W.2d 724 ). This Court has also recognized that a long-term marriage supports an equal distribution of property. Dvorak [v. Dvorak], 2006 ND 171, ¶ 34 , 719 N.W.2d 362 ; Schoenwald v. Schoenwald, 1999 ND 93, ¶ 23 , 593 N.W.2d 350 .”

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

2. “In divorce cases involving division of property, the courts generally start with the view that marital property should be equally divided, and although the division need not be exactly equal to be equitable, the trial court must explain any substantial disparity.”

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