Reconsidering Property Division in Divorce under Nebraska Law in Light of the ALI's Principles of the Law of Family Dissolution: Analysis and Recommendations

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Dallon, Craig W.

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2004

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37

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Journal Article

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INTRODUCTION|An important aspect of many divorce proceedings is the division and distribution of the parties' property. Admittedly, not all divorces involve significant property division issues. In many divorces, because of the duration of the marriage or other factors, the parties have not acquired or retained significant amounts of property to divide. In a large majority of cases, the parties by mutual agreement stipulate to the division of the property and judicial involvement is minimal. Nevertheless, many cases are marked by sharp disagreements over division of the parties' assets, and the impact of property division on the parties may be substantial. These disagreements typically arise in determining which property should be subject to division, the value of particular assets, or the appropriate overall allocation of assets. The law regarding property division is important even in cases where the parties stipulate to property division because property settlement agreements are influenced by what the parties would expect to receive if their cases were tried...

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37 Creighton L. Rev. 1 (2003-2004)

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Creighton University School of Law

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