McDaniel v. McDaniel’s Empirical Analysis

Citation profile

24 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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “As noted, there may be special situations in which the date of separation is more appropriate. Where, for example, “one of the spouses dissipates assets or deliberately allows their value to decline following separation, or the value of marital property increases due to the efforts of one of the spouses,” use of the separation date may be warranted. In that event, there should be specific findings as to why the date of separation is the more appropriate choice for valuation.”

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

2. “rise to the level of active interest in the ongoing maintenance, management and control of the property necessary to demonstrate an intent to hold the apartment complex jointly”

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

3. “evidence in the record ... showing [both] that the party who will receive the asset intends an imminent sale, and ... the estimated costs of sale”

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