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  Divorce Law When "Fault" Matters
 


Some states will consider "fault" issues when dividing the marital assets, or when assessing spousal support (alimony). Please note that under most "fault" circumstances, a typical trial court will not dramatically change the division of assets. With most marital estates, you will need to consider whether a five or ten percent difference in the property division justifies the expense and conflict associated with attempting to prove fault. There is often a better financial return in making sure that all assets are located, properly valued, and included in the marital estate, as opposed to trying to prove fault.

Please note that while the five or ten percent difference is most typical, in extreme cases courts have been known to award larger amounts, and on at least one occasion even the entire marital estate, to the wronged spouse. Your attorney can help you make the assessment of what is likely to happen in your case, and whether you would benefit from trying to make fault an issue.

Child custody litigation can also raise some of the issues associated with "fault" divorce, as parents try to prove themselves more fit, or the other parent less fit, to raise the children.

A federal suit has been filed under Florida's Deceptive and Unfair Trade Practices Act stating that Vitaminwater claims by Coca-Cola and a subsidiary are bunk. "Vitaminwater has been marketed as a 'nutrient-enhanced water beverage' that proclaims 'vitamins+water=all you need,'" the 15-page complaint reads. "In truth, Vitaminwater contains 33 grams of sugar." The lawsuit, which claims that Vitaminwater violates the FDA's "jellybean rule," is part of a burgeoning field attacking popular beverages' marketing and labeling.

An Arizona attorney may face disciplinary action after an investigation found that she told a client she was channeling his dead wife, then lied about it during an unrelated disciplinary proceeding. The client testified that Charna Johnson pressured him to have a sexual relationship, although she told the investigator that the references to sex were coming from the deceased wife, not herself. The investigator's report recommends that Johnson be suspended for six months.

In a ruling that could have a significant impact on proceedings involving failed banks, the Federal Deposit Insurance Corp. has been rebuffed in its attempt to assert a $905 million priority claim against the holding company of the failed Colonial Bank. A federal bankruptcy judge in Alabama has ruled that the bank's bankrupt holding company, Colonial Bancgroup, could not be held liable for the shortfall in the bank's assets.





 

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