Braun v. Braun’s Empirical Analysis

Citation profile

15 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““[t]he rule relied on by the [former] husband, however, relates only to motions to rehear or vacate the judgment, and does not apply to collateral or new proceedings which are separate, but not entirely divorced, from the underlying judgment. Farnum v. Mesiti Dev., 68 Mass.App.Ct. [419] at 423, 862 N.E.2d 425 [ (2007]). Even though a modification action may have an effect on a divorce judgment, it may be characterized as a new proceeding, cf. Stanton-Abbott v. Stanton-Abbott, 372 Mass. 814, 816 , 363 N.E.2d 1311 (1977), generally arising out of new facts materially and substantially different from those found in the divorce proceeding. See Brooks v. Piela, 61 Mass.App.Ct. 731, 734 , 814 N.E.2d 365 (2004); Kelley v. Kelley, 64 Mass.App.Ct. 733, 739 , 835 N.E.2d 315 (2005). Modification is sanctioned by statute, see G.L. c. 208, §§ 37 (alimony), 28 (child support and custody), and its timing is not limited — indeed, there may be emergency or other situations when modification may be necessary without time for obtaining approval from an appellate court.””

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

2. “Our cases recognize implicitly that a judge, in his or her discretion, may order that a party maintain life insurance as security for alimony even where the order for alimony does not continue after the support obligor's death.”

   1 later decision quote this exact passage
   e.g. 92 Mass. App. Ct. 1124 - Nystrom v. Nystrom

3. “[A]n order for life insurance, and the payment of premiums thereon, may be seen as a component of alimony and other payment requirements”

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