How can I research case law on divorce and a complaint for partition of the marital home?

UPDATED: Aug 23, 2011

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How can I research case law on divorce and a complaint for partition of the marital home?

Nasty divorce including the ex-husband appealing and having the final judgment overturned, leaving only the dissolution of marriage intact and having to redo all of the financials. He has filed a complaint for partition in civil court, to get the marital home out of the divorce distribution (jurisdiction of the family court). How can I search case law myself to show that the marital home is part of the marital asset? Can it be done on the web?

Asked on August 23, 2011 Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

It can be done on the web, but you need access to one of the legal research websites or services to do it properly--the court systems do NOT themselves put all of their cases on the web for public access, and what cases they have are often not indexed well.

Go to the respective websites of Lexis, Westlaw, and FastCase to see whether any of their resarch plans fits your needs and your budget; Lexis and Westlaw are the main two, with the longest pedigrees, but I've personally had good luck with FastCase, which may be a less expensive option. You can also research in books at a publically accessible law library, such as many courthouses have, but it's not easy to do unless you've been trained in legal research.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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