CHAPTER 13 The Divorce Action

• Jurisdiction: United States
• Publication year: 2021

CHAPTER 13 The Divorce Action

Chapter Contents

§ 13.01 Jurisdiction and Choice of Law

[1] Jurisdiction to Order Support Payments
[2] Jurisdiction to Divide Property

[a] Property Within the State
[b] Property Outside the State

[3] Jurisdiction to Grant a Divorce
[4] Jurisdiction to Divide Property After Divorce
[5] Choice of Law and The Divorce Property Division
[6] Foreign Divorce Judgments
[7] Conflicting State Judgments
[8] Forum Non Conveniens

§ 13.02 Division of Property at Divorce

[1] Factors Affecting the Property Division

[a] Fault
[b] Relative Incomes and Financial Needs of the Spouses
[c] Contributions of Each Spouse to the Acquisition of the Marital Estate
[d] Dissipating the Marital Estate

[i] Rules That Have Evolved in Community Property States: Types of Transactions

[A] Gifts
[B] Payment of Family Law Obligations Resulting from Prior Relationships
[C] Investments
[D] Gambling and Drug Use

[I] Gambling
[II] Loss of Community Property Due to Drug Use or Other Criminal Activity

[E] Intentional or Reckless Destruction of Property
[F] After the Marriage Has Broken Down

[I] Liquid Assets That Disappear
[II] Management of the Community Estate During the Divorce
[III] The Remedy for Dissipation

[ii] Dissipation Doctrine in Equitable Distribution States

[A] The Period During Which Actions Will Be Considered
[B] What Constitutes Dissipation
[C] Dissipation of Nonmarital Property
[D] Types of Transactions

[I] Intentional Destruction of Marital Property
[II] Reckless Management of Marital Property
[III] Selling Marital Property for Much Less Than Fair Market Value
[IV] Consumption Decisions
[V] Investments
[VI] Gambling
[VII] Gifts
[VIII] Paying Legal Fees in the Parties' Divorce
[IX] Initiating Other Litigation
[X] Losses Resulting from Criminal Acts
[XI] Liquid Assets That Disappear or Substantial Debts That Are Created While the Marriage Is Breaking Down
[XII] Payment of Support Obligations for Other Children or a Previous Spouse
[XIII] Stealing or Hiding Marital Assets

[E] The Effect of a Finding of Dissipation

[iii] Conclusion

[e] Duration of the Marriage
[f] The Marital Home
[g] Benefit to the Marital Estate from a Spouse's Separate Estate
[h] Miscellaneous Factors
[i] Kitchen Sink Factors
[j] The Parties' Desires

[2] Synthesizing the Factors Affecting Property Division

[a] Short Marriages

[i] Without Children
[ii] Marriages Involving Children

[b] Long Marriages
[c] Very Large Marital Estates

§ 13.03 Miscellaneous Equitable...