Homelake Family Law Lawyer, Colorado
Includes: Collaborative Law, Domestic Violence & Neglect, Paternity, Prenuptial Agreements
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Melanie Ann Merritt
Juvenile Law, Family Law, Divorce, Divorce & Family Law
Status: In Good Standing Licensed: 28 Years
609 Main St, Alamosa, CO 81101
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LEGAL TERMS
MARITAL SETTLEMENT AGREEMENT
See divorce agreement.
COMPARABLE RECTITUDE
A doctrine that grants the spouse least at fault a divorce when both spouses have shown grounds for divorce. It is a response to an old common-law rule that pre... (more...)
A doctrine that grants the spouse least at fault a divorce when both spouses have shown grounds for divorce. It is a response to an old common-law rule that prevented a divorce when both spouses were at fault.
DESERTION
The voluntary abandonment of one spouse by the other, without the abandoned spouse's consent. Commonly, desertion occurs when a spouse leaves the marital home f... (more...)
The voluntary abandonment of one spouse by the other, without the abandoned spouse's consent. Commonly, desertion occurs when a spouse leaves the marital home for a specified length of time. Desertion is a grounds for divorce in states with fault divorce.
ACKNOWLEDGED FATHER
The biological father of a child born to an unmarried couple who has been established as the father either by his admission or by an agreement between him and t... (more...)
The biological father of a child born to an unmarried couple who has been established as the father either by his admission or by an agreement between him and the child's mother. An acknowledged father must pay child support.
LAWFUL ISSUE
Formerly, statutes governing wills used this phrase to specify children born to married parents, and to exclude those born out of wedlock. Now, the phrase means... (more...)
Formerly, statutes governing wills used this phrase to specify children born to married parents, and to exclude those born out of wedlock. Now, the phrase means the same as issue and 'lineal descendant.'
NEXT OF KIN
The closest relatives, as defined by state law, of a deceased person. Most states recognize the spouse and the nearest blood relatives as next of kin.
INTERLOCUTORY DECREE
A court judgment that is not final until the judge decides other matters in the case or until enough time has passed to see if the interim decision is working. ... (more...)
A court judgment that is not final until the judge decides other matters in the case or until enough time has passed to see if the interim decision is working. In the past, interlocutory decrees were most often used in divorces. The terms of the divorce were set out in an interlocutory decree, which would become final only after a waiting period. The purpose of the waiting period was to allow the couple time to reconcile. They rarely did, however, so most states no longer use interlocutory decrees of divorce.
DILUTION
A situation in which a famous trademark or service mark is used in a context in which the mark's reputation for quality is tarnished or its distinction is blurr... (more...)
A situation in which a famous trademark or service mark is used in a context in which the mark's reputation for quality is tarnished or its distinction is blurred. In this case, trademark infringement exists even though there is no likelihood of customer confusion, which is usually required in cases of trademark infringement. For example, the use of the word Candyland for a pornographic site on the Internet was ruled to dilute the reputation of the Candyland mark for the well-known children's game, even though the traditional basis for trademark infringement (probable customer confusion) wasn't an issue.
CONDONATION
One person's approval of another's activities, constituting a defense to a fault divorce. For example, if a wife did not object to her husband's adultery and la... (more...)
One person's approval of another's activities, constituting a defense to a fault divorce. For example, if a wife did not object to her husband's adultery and later tries to use it as grounds for a divorce, he could argue that she had condoned his behavior and could perhaps prevent her from divorcing him on these grounds.
SAMPLE LEGAL CASES
McCallum Family LLC v. Winger
... Plaintiff, McCallum Family, LLC (McCallum), appeals the judgment, entered after a trial to the
court, in favor of defendants, Marc Winger and Karen Winger. ... We agree. The proper burden
of proof is a question of law which we review de novo. Microsemi Corp. ...
American Family Mut. Ins. Co. v. DeWitt
... claims in equity. Turning to the rights obtained by American Family through that
subrogation, negligence is a cause of action at law, whether examining the historical
roots of the concept or the remedies sought. As such, the court ...
Lewis v. Lewis
... The majority comes up with its "mutual purpose of the parties" cause of action by "[b]orrowing
from ... diverse jurisprudence," including trust and family law. Maj. op. at 1143. Yet it ignores
precedent precisely on point in the field of unjust enrichment. ...
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