Case Summaries: Divorce
More Assets To Abused Spouse
A wife who was the victim of domestic violence during the marriage was entitled to 60% of the marital assets in the divorce case due to the husband's "egregious behavior," which included physical and emotional abuse. Murtha v. Murtha, Case No. 301457/94 (N.Y. County), N.Y.L.J. 5/15/98.
Keywords: property
Date: 4/23/2002
Abuse Relevant To Alimony
Husband's physical abuse of wife was relevant factor in determining whether permanent alimony award was appropriate. Wife's "frail and fragile" emotional condition was apparently caused by husband's abuse. Consideration of wife's emotional state in making a support award does not constitute punishing the husband for bad behavior. Marriage of Severino, 698 N.E.2d 193 (111 App 2nd Dist 1998).
Keywords: spousal support
Date: 4/23/2002
Abuser Must Pay Own Legal Fees
In divorce case it is not an abuse of discretion for trial court to charge a party to a divorce case with dissipation of assets for removal of $4,500 in marital funds, when those funds were used for defense of his domestic violence charge. Schindler v. Schindler, 1998 WL 46764 (Summit).
Keywords: property
Date: 4/23/2002
Spousal Abuse Doesn't Justify Economic Sanctions
Court finding that husband physically abused wife during marriage does not justify unequal property division, absent any adverse economic impact caused by the abuse. Nor does abuse excuse wife's duty to pay child support. Wheeler v. Upton-Wheeler, 946 P.2d 200 (Nev. 1997).
Keywords: property
Date: 4/23/2002
Flight From Abuse Is Cause To Reopen Default Divorce
Where a woman fled with her children from the state in order to escape her husband's domestic abuse, and the husband obtained service by publication and took a default divorce, the Iowa Supreme Court ruled that the woman had sufficient grounds by virtue of the abuse to require the trial court to vacate the default judgment and hear the divorce case on the merits. In re Marconi, Case No. 164/97-2131 (Iowa Sup Ct 9/23/98).
Keywords:
Date: 4/17/2002
