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Marital Property

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					                                     February 12, 2004

              Divorce Review
Juris. Prerequisites: P or D residence/or grounds
  in MD
Venue: Add’l bases for divorce: where P lives
Limited v. Absolute
Grounds:
Fault: Non-Filing Party’s Behavior
  Actual v. Const. Desert. – 12 mon. sep.
  Cruelty/Excess Vic. – no sep. but greater burden
  for offending behavior - Das
No Fault:

  Vol.Sep.: Must be mutual agreement to end
  marriage at time of separation

  Two-Year Sep: No need for agrmt

Proc: Hearing/P Testify/Corrob. Witness
           Defenses to Divorce
1) Reconciliation – We agreed to divorce
    but I offered to reconcile.

2) Recrimination – I did it, but so did she.

3) Condonation – I did it, but she forgave me.

Fault Era – bar to divorce

No-Fault Era – (2) & (3) are factors, particularly for
   adultery, but not bar
Marital Property

      Part I
              Historical Overview
Pre-1800’s:      All property acquired during
                 marriage = Husband

1800’s–1970’s: Common Law Rule = property
               distributed by TITLE

Modern Rule:     Majority – Equitable Distribution
                 Minority – Community Property
                  (changes character of
                   property during marriage)
       Equitable Distribution
3 Step Process:

1st – Classify Property as Marital/Non-Marital

2nd – Value Property

3rd – “Divide” Property
      Equitable Distribution Issues
1st Step:   Classify marital/non-marital
            (separate) property

  Definition: All property acquired by H & W
  during marriage except gifts or inheritance (or
  traceable to either)
   Issues Related to Classification
a) When Did Marriage Begin for Purposes of
   Classifying Property?

b) When Is Marriage Over?
    - date of separation?
    - date of filing divorce complaint?
    - date of divorce judgment?

c) Is Asset Property?

				
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