Irwin v. Irwin’s Empirical Analysis

Citation profile

12 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"(b) In an action pursuant to section 8(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, either by division of the property in kind, or by setting the same or parts thereof over to one (1) of the spouses and requiring either to pay such sum, either in gross or in installments, as may be just and proper, or by ordering the sale of the same under such conditions as the court may prescribe and dividing the proceeds of such sale. 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 a homemaker. (2) The extent to which the property was acquired by each spouse prior to the marriage or through inheritance or gift. \ (8) The economic cireumstances of the spouse at the time the disposition of the property is to become effective, including the desirability of awarding the family such periods as 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 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 deter”

   2 later decisions quote this exact passage
   e.g. Lord v. Lord · Hunter v. Hunter

2. “"(c) 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. (8) The economic circumstances of each spouse at the time disposition of the property is to become effective, including the desirability of awarding the family residence or the right to dwell in that residence for such periods as 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."”

   2 later decisions quote this exact passage
   e.g. Schnarr v. Schnarr · Finley v. Finley

3. ““The disposition of assets is a matter within the sound discretion of the trial court. Johnson v. Johnson, (1976) [168] Ind.App. [653], 344 N.E.2d 875 . On review, we will not weigh the evidence but will examine the division only for an abuse of discretion. In re Marriage of Hirsch, (1979) Ind.App., 385 N.E.2d 193 . Reversal is proper only when the resulting division is clearly against the logic and effect of the facts and circumstances before the court. In re Marriage of Davis, (1979) Ind.App., 395 N.E.2d 1254 .””

   1 later decision quote this exact passage
   e.g. Marriage of McBride v. McBride