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Posts in the Divorce category:

DIVORCE 10: For an agreement to be unconscionable, there must be both procedural unconscionability and substantive unconscionability.

Despite having signed the proposed divorce judgment, defendant filed an answer to the divorce complaint on February 28, 2017, and on March 2, 2017, she filed a response to plaintiff’s motion for entry of proofs and judgment, along with a motion to restore her possession of the marital home. Defendant claimed arguments premised on unconscionability.

Trial court enters divorce default judgment.

Plaintiff filed divorce action after a nearly 20-year marriage. Although defendant apparently participated in various pretrial conferences and discussed the terms of the divorce judgment, he did not answer the complaint, a default was entered, and...

The Court of Appeals held that the trial court did not err by awarding spousal support to the defendant-former husband, or by requiring the plaintiff-former wife to pay some of his attorney fees incurred in their divorce action.

The court rejected plaintiff's argument that the award of spousal support was unfair and inequitable under the circumstances. "Although the trial court imputed $35,000 to defendant in annual income," he was unemployed and needed "to secure and...

A trial court properly awarded attorney fees in a post-divorce matter as an award of attorney fees is appropriate where fees and expenses were incurred because the other party refused to comply with a previous court order

Rejecting the plaintiff-husband's claim that the trial court, on remand, again failed to make sufficient factual findings to support its attorney fee award to the defendant-wife, the court affirmed the award. The court held in the prior appeal that...
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