Even though your state may be a no-fault divorce state, it doesn’t mean that you or your spouse won’t have to answer in some way for any misbehavior during the marriage. It’s what divorce lawyers and courts refer to as marital misconduct and, in certain states, can effect the outcome of the division of property, an award of spousal support, or an award of attorney’s fees for the victim-spouse.
The legal definition of marital misconduct is any conduct that undermines the marital relationship. It becomes a factor in a divorce when the offender-spouse’s behavior forces the victim-spouse to assume extra burdens in the marriage. It isn’t meant to punish the offender-spouse or award him or her an inadequate amount of property or income, but to fairly compensate the victim-spouse.
The rationale behind this theory is that the victim-spouse is compelled to contribute more to the marriage because of the offender-spouse’s misconduct, therefore he or she is entitled to have the offender-spouse’s behavior taken into consideration when property or income are divided. Marital misconduct can be disregarded if both spouses are guilty of marital misconduct. In some states, marital misconduct is specifically disregarded as a matter of law.
In those states where misconduct is a factor, there are several broad categories of behavior that might be classified as marital misconduct. They are:
- habitual drunkenness or addiction,
- adultery,
- domestic violence,
- cruel and abusive behavior, or
- economic fault.
Once the offender-spouse’s behavior has reached the level of marital misconduct, it is the court’s responsibility to determine just how much weight to give to it in each specific situation. Some of the considerations the court looks at when deciding this issue are:
- the length of the marriage,
- the character of the misconduct,
- the time period during the marriage when the misconduct occurred, and
- the frequency of the conduct and whether it was continual.
Certain types of marital misconduct may have more of an impact upon a court’s decision-making than others. For example, cruelty or domestic violence might not be a relevant or appropriate consideration for making an equitable division of property because this type of misbehavior typically isn’t relevant to the acquisition of marital property. The same cannot be said for economic fault, adultery or an addiction, all of which can directly influence a couple’s property.
There are several types of economic fault. They are:
- dissipation of assets,
- hiding assets,
- diverting marital or community income to pay for an addiction,
- spending marital or community income on an extramarital relationship,
- excessive or abnormal spending,
- destruction of property,
- the fraudulent sale or conveyance of property, and
- any other unfair conduct that prevents the court from making an equitable division of property.
Some divorcing spouses believe that once they are separated and a divorce filed that marital misconduct, especially adultery or economic fault, has no effect on the outcome in a divorce. That isn’t actually the case. Each divorce is very fact specific and the same logic about the impact of marital misconduct on the division of property applies whether it occurred prior to the separation or during the pendency of a divorce. This is particularly true for economic misconduct.
There are some states that have statutes that specifically permit a court to award a disproportionate or lesser share of property to an offender-spouse, particularly if the misconduct can be classified as economic. The facts of each particular divorce play a heavy role in how the court applies the law.
In cases that involve the dissipation, hiding or destruction of assets, the excessive or abnormal spending of income, or the fraudulent conveyance of assets the court can’t increase the size of the marital or community estate that actually exists. However, it can order a disparate division of the existing and known property to reimburse the victim-spouse for his or her loss in the couple’s estate.
In addition to having a possible effect on the division of property, marital misconduct may also have an effect on the amount of spousal support an ex-spouse may receive provided he or she qualifies for such support. This can work both ways. If the spouse who may be entitled to receive support is guilty of the misconduct, his or her receipt of support may be in jeopardy depending upon the nature and level of the misconduct. On the other hand, a paying spouse might have to pay more, especially if his or her behavior caused the victim-spouse to give up or reduce the ability to earn income.
The following states take marital fault into consideration when determining an award of spousal support: Alabama, Arizona, Connecticut, District of Columbia, Florida, Georgia, Idaho, Louisiana, Maryland, Massachusetts, Michigan, Mississippi, Missouri, Nevada, New Hampshire, New Jersey, New York, North Dakota, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia and Wyoming. (Source: American Bar Association, Family Law Quarterly, Winter 1998, Tables Summarizing the Law in Fifty States)
The following states take marital misconduct, especially economic fault, into consideration when dividing marital or community property or in reimbursing the marital or community estate: Alaska, Arizona, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Hawaii, Illinois, Indiana, Kansas, Kentucky, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, West Virginia and Wisconsin. (Source: American Bar Association, Family Law Quarterly, Winter 1998, Tables Summarizing the Law in Fifty States).
There is a way to completely restore a failing relationship with a new modality that until now was not thought possible. To learn what is required you may wish to read this article.
If two individuals are intent on trying one last time to make their relationship work then there is a way. A relationship is just like a person. It stores within it the sum total of all the memories that make it up. After all when individuals talk about their relationship what do they talk about if it?s not what happened to them i.e. their history. It is the same history that each partner uses against the other and against the relationship to justify why it is worth leaving. Without such information one would be hard pressed to make a case for or against a relationship. This would present a clean slate from which to create something totally fresh, would it not?
Now I know that you?re probably thinking that this sounds a bit dubious at best. I would like to let you know that I have worked with individuals this way for over ten years with very promising results so please try to keep an open mind as you read on.
Now just a word of caution here first. Individuals who enter into a relationship always bring with them the history of their lives that preceded that relationship. This history includes other relationship experiences which are either helpful or not.
In order for a failing relationship to start afresh it also becomes necessary to address destructive relational patterns that already pre-existed in each individual.
Even if a divorce takes place it becomes imperative that the corresponding individuals address this history adequately so that they don”t carry it into the next relationship.
When this happens history tends to repeat itself and in the process consumes an individual’’s life leaving them sad, untrusting and cynical.
So in order to redeem a current failing relationship three things are necessary:
1. Two individuals in integrity who are committed to trying again.
2. The effective release of the negative memories of the current relationship from the minds/bodies of each individual.
3. The effective release of any negative relational patterns that each individual brought into the relationship at its inception.
Part 1 must come from the individuals. Here love is the key to integrity and commitment. If its there great. If not it becomes exceedingly more difficult to make this work.
Parts 2 and 3 can be addressed quickly and easily with a new process called the Mind Resonance Process(TM) (MRP).
MRP helps individuals clear all traumatic memories that the couple hold within them.
It is just such memories that fuel negative feelings against the other and against the continuation of the relationship itself.
Such memories can be released in a way that helps restore the genuine love that the individuals had for each other initially.
What’’s more it can facilitate the necessary emotional growth that such individuals needed before they even entered this relationship.
So what is being said here is that not only are they able to start afresh, they become more capable and mature individuals.
This makes the fresh experience more rewarding and the new relationship more resilient.
If you and your partner are going through a tough time and you feel inspired to experience what MRP can do for you kindly visit the web link below and consider arranging an introductory consultation
Dr. Nick Arrizza is trained in Chemical Engineering, Business Management & Leadership, Medicine and Psychiatry. He is an Energy Psychiatrist, Healer, Key Note Speaker,Editor of a New Ezine Called “Spirituality And Science” (which is requesting high quality article submissions) Author of “Esteem for the Self: A Manual for Personal Transformation” (available in ebook format on his web site), Stress Management Coach, Peak Performance Coach & Energy Medicine Researcher, Specializes in Life and Executive Performance Coaching, is the Developer of a powerful new tool called the Mind Resonance Process(TM) that helps build physical, emotional, mental and spiritual well being by helping to permanently release negative beliefs, emotions, perceptions and memories. He holds live workshops, international telephone coaching sessions and international teleconference workshops on Physical. Emotional, Mental and Spiritual Well Being.
Business URL #1: http://www.telecoaching4u.com
Personal URL: http://www.telecoaching4u.com/Spirituality_And_Science.htm