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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 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.


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