Scharwath v. Scharwath’s Empirical Analysis
1997
Citation profile
16 state decisions
How this case has been cited
Cited by 16 later decisions — most recently December 2018
16 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on 563 So. 2d 594 - Bell v. Parker · 437 So. 2d 410 - Tedford v. Dempsey · 622 So. 2d 1226 - Crow v. Crow · 509 So. 2d 1141 - DePoorter v. DePoorter · 651 So. 2d 1068 - Ellis v. Ellis
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.
“This presumption is based on two considerations. One is the difficulty a providing spouse faces in presenting direct evidence of mutual financial support between cohabiting parties. And the second consideration stems from the notion that parties who live in cohabitation can easily and purposely keep their condition of mutual financial support concealed from the paying spouse as well as from courts seeking only financial documentation before granting a modification.”
1 later decision quote this exact passagee.g. McMinn v. McMinn“[P]roof of cohabitation creates a presumption that a material change in circumstances has occurred. [citation omitted] This presumption will shift the burden to the recipient spouse to come forward with evidence suggesting that there is no mutual support within his or her de facto marriage.”
1 later decision quote this exact passagee.g. Burrus v. Burrus“[C]ohabitation creates a presumption that a material change in circumstances has occurred.... This presumption will shift the burden to the recipient ... to come forward with evidence suggesting that there is no mutual support ....”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.