Divorce Advice for Men | Fathers Rights Divorce | Child Custody

By Sara Pitcher

Cordell & Cordell Indiana Divorce Lawyer

When it comes to dividing marital property in your divorce case, the court will look to the economic circumstances of each party at the time the division of property is to take effect.

The court may in effect punish the wealthier spouse, usually the husband, by putting aside more property to the lower-earning spouse, either for a specified amount of time, until the occurrence of a specified event, or as a permanent division. 

Question:

I was awarded certain personal property in my divorce decree that I elected not to take and to keep in the marital home because they were in the children's best interests to have them.

Several years later, my ex-wife is starting to throw away those items and I would like to enforce the court order.

My decree states nothing regarding time limitations so can I remove the personal property awarded to me from my prior residence?

Frank McCourt and his wife, Jamie, are locked in a heated divorce dispute over the ownership of the Los Angeles Dodgers.

Though the McCourts' battle is on a much larger scale, this type of property division battle happens every day in family law courtrooms, according to DadsDivorce.com founder Joseph Cordell.

Cordell appeared on Sporting News Radio with Steve Czaban to discuss the Dodgers ownership situation and the team being forced to file for Chapter 11 bankruptcy protection.

Jamie McCourt is claiming partial ownership of the Dodgers in one of the largest asset division cases in the U.S. in recent years.

Here a few highlights from the interview:

By Jennifer M. Paine

Attorney, Cordell & Cordell

Note: Part 1 addressed the importance of properly handling the division of personal property. Click here to read.

Personal property creates ambiance, marks your lifestyle, makes you you. It is OK to be attached to a set of wine glasses or to insist on keeping a particular painting, to ask for a book your mother gave you or the quilt your grandmother made. Garage sale prices for those items will not do because these items mean more to you than an everyday buyer. Therefore, the law gives them sentimental value. 

Question:

What is the definition of "financial misconduct"and how do you prove it?

I'm in the divorce process and my wife lets her daughter have free reign of her credit card and does nothing to curtail spending only telling me about it after the fact. Does personal conduct play a factor in the division of property?