Sentences with phrase «marital misconduct»

These are typically the pure no - fault states that don't recognize any form of marital misconduct as grounds.

The court can not consider marital misconduct when deciding whether a spouse should receive maintenance, but it can consider it when deciding how much maintenance to award.

Regardless of jurisdiction, it is uncommon for a judge to consider marital misconduct when dividing property.

The court will not consider marital misconduct in dividing property.

The court will consider the presence of marital misconduct as it relates to the well being of the child, wishes of both parents and, if age appropriate, wishes of the child.

Generally, marital misconduct does not have an impact on the divorce decree, including orders surrounding spousal maintenance, property division and child support.

If the court finds it just, it may determine the divorce decree without taking marital misconduct into consideration.

Either spouse can also claim the other spouse committed marital misconduct, such as adultery, but this will not impact the court's ability to issue the divorce.

The court can not take marital misconduct into account.

In most cases, the court will not take into consideration marital misconduct.

However, in certain circumstances, marital misconduct becomes a relevant factor in determining a division of the marital assets or who should be granted custody of the children.

If adultery or other types of marital misconduct create financial problems for the other spouse, the court will allow evidence to show the impact of the misconduct.

Some states weigh marital misconduct when deciding issues such as alimony and property distribution.

A fault divorce means that one spouse committed some type of marital misconduct leading to the end of the marriage.

Some states have even written a prohibition against considering marital misconduct in property divisions into their statutes.

This means that the judge can't consider marital misconduct.

Although custody determinations will not serve to «punish» one spouse for marital misconduct, the court may consider the behavior of each parent, such as any evidence of domestic violence, when making a custody determination.

Such factors can include marital misconduct, the length of the marriage, the parties» needs, and the parties» earning capacities.

If you use any of New York's fault grounds instead, such as adultery or cruel treatment, you'll have to prove to the court that these instances of marital misconduct occurred — and your wife could try to prove otherwise.

Donald G. Criscuolo, Divorce Attorney: Fort Lauderdale Adultery and Other Marital Misconduct Attorney

PRWeb: South Florida Family Law Attorney Office Offers 5 Tips Every Spouse Should Know About Marital Misconduct

In other words, the trend in Ontario Family Law is to confine the relevance of marital misconduct allegations to finance - related matters only — not to find «fault» or penalize a spouse for his or her conduct during the marriage.

Affairs sometimes lead to negotiated settlements that make marital misconduct very expensive.

Legislation, jurisprudence and the practice of family law have evolved over the last decades in an attempt to eradicate allegations of marital misconduct unrelated to financial consequences.

Do you think marital misconduct, adultery and similar scandal should have a diminished importance in the non-financial aspects of the divorce process?

Pennsylvania is an «equitable distribution state» meaning that on request of either spouse the court will work to fairly divide the marital property between both spouses in a divorce, and this is done without consideration to marital misconduct by either spouse.

Take a look at § 50 - 16.1 A also, where they define Marital Misconduct.

Transactions in these statements can uncover potentially harmful expenses that could indicate marital misconduct or other problems / secrets

Marital misconduct generally does not affect custody orders unless the abuse hurt the children or limits a parent's ability to properly care for them.

If your spouse is guilty of marital misconduct such as adultery, however, North Carolina offers an alternative to the one - year waiting period.

Florida is a «pure» no - fault state — it recognizes only two divorce grounds and neither have anything to do with marital misconduct.

You don't have to prove marital misconduct to receive a divorce in Tennessee; the state offers the no - fault...

An Illinois judge can't withhold or award alimony as a punitive measure, to punish a spouse for marital misconduct.

Whether the divorce is filed on the grounds of desertion or habitual drunkenness, the court may consider marital misconduct in deciding the final divorce decree.

The adulterous spouse is the one who's committed marital misconduct, while the spouse who's been victimized is known as the «innocent spouse.»

If the court is asked to divide marital property, the court must make a fair division and the court is forbidden by law from considering such things as marital infidelity or other marital misconduct.

Fault is not relevant in the division of property, except if marital misconduct had an economic impact on the marital estate.

However, Illinois law does not allow the court to consider adultery or other types of marital misconduct when making an award of spousal maintenance.

Courts now view the marriage as an economic unit, and in general courts are more concerned about economic misconduct — such as the dissipation of marital assets — than they are about marital misconduct — such as infidelity.

Maryland courts can consider marital misconduct when dividing property if the misconduct led to the end of the marriage.

Although Arizona is a no - fault divorce state and marital misconduct doesn't influence a court's decisions regarding alimony or property division, it may affect custody matters.

If you want to file for divorce on fault grounds, this would probably preclude filing a joint petition because your spouse would have to agree in the petition that she was guilty of marital misconduct.

The marital misconduct of either spouse during the marriage.

It is noted that fault in the divorce or «marital misconduct» should NOT be considered in the process of dividing property.

A.R.S. Section 25 - 318 (A) requires a family court to provide an equitable division of community property (though not necessarily in kind) without regard to marital misconduct.

Prior to the advent of no - fault divorce, spousal support was directly related to marital misconduct.

«[P] oor business decisions, in and of themselves, do not warrant a finding of «marital misconduct.