W3 - Case Brief
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American Military University *
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History
Date
Feb 20, 2024
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docx
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Uploaded by aadams1993
Ashley Adams 123 Stancil Street
Virginia Beach, VA 23462
September 24, 2023
Professor C.J. Sherman, Esq.
American Military University – LSTD 303 111 West Congress Street
Charles Town, WV 25414
Re: Heuer v. Heuer, 152 N.J. 226, 704 A.2d 913 (1998)
The following are the answers to all seven questions presented. 1.
Who are the parties and what does each party seek to accomplish?
In Heuer v. Heuer the plaintiff was Mr. John Heuer, who sought a divorce of their marriage and the defendant Mrs. Mary Heuer, who sought an annulment of their marriage.
2.
What are the facts in this case? This case centers on the marriage of John and Mary Heuer. Prior to these two people being married, Mr. Heuer had been married. He never disclosed this information to his newly wedded wife. When she discovered this information, she sought an annulment if their marriage based on the grounds of void ab initio. 3.
What is the difference between an annulment and a divorce and why might an annulment be preferred?
An annulment nullifies a marriage, treating it as though it never existed, while divorce dissolves a valid marriage. Annulments are sought when one party can establish that the marriage was invalid from the outset due to factors such as fraud, bigamy, or lack of consent. An annulment erases any legal recognition of the marriage, whereas divorce acknowledges the existence of a valid marriage being terminated.
4.
What is the "doctrine of unclean hands."?
The "doctrine of unclean hands" is a legal doctrine stating that a court may decline to provide help to a party engaged in unethical conduct linked to the case. In divorce or annulment cases, it means that a party acting in bad faith, committing fraud, or engaging in misconduct may be denied the assistance they seek.
5.
Why was the Alabama divorce invalid?
The Alabama divorce was denied due to John's failure to disclose his previous divorce during the
Alabama divorce proceedings. The court concluded that this was a deceptive action used to
mislead Mary, as John knowingly provided false information about his marital status. Consequently, the court found that the divorce did not meet the criteria for a valid dissolution of marriage.
6.
What did the court decide?
The court ruled in favor of Mary, granting her an annulment of her marriage to John based on his
fraudulent conduct. The court declared the marriage null and void, effectively erasing its existence.
7.
Explain whether you think either spouse should be entitled to alimony.
This case did not directly address the issue of alimony. In the state of Alabama, alimony can be awarded following an annulment, based on certain eligibilities. Like most states the specific circumstances will be addressed of each party, such as the financial needs and resources, the length of the marriage, the standard of living during the marriage, the age and health of each spouse, the fault or wrongdoing of one party, and any contributions, financial or otherwise, made
by one spouse to the other during the marriage. So, determining whether Mary or John would be eligible to receive alimony would be based on those certain criteria.
References
Legal dictionary - law.com
. Law.com Legal Dictionary. (n.d.). https://dictionary.law.com/Default.aspx?selected=2182#:~:text=n.,the%20subject%20of%20the
%20lawsuit.
Matthews-El, T. (2023, April 5).
Annulment vs. Divorce: What’s the difference?
Forbes. https://www.forbes.com/advisor/legal/divorce/annulment-vs-divorce/
The opinion of the Court was delivered by COLEMAN, J. (1998, January 8).
Heuer v. heuer
. Legal research tools from Casetext. https://casetext.com/case/heuer-v-heuer-2
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