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You Are Here: Marital Fault
        Restricted1. Divorce Source: CLAIMS AND REMEDIES FOR VIOLATION OF FIDUCIARY DUTY
In the English common law, husbands had the right to command, and wives had the duty to obey. Holding in common law that husbands and wives were one person, courts for over six hundred years went on to decree that the one person was the husband acting alone even over the wifes objection. ...
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        Restricted2. Divorce Source: THE ROLE OF MARITAL MISCONDUCT IN DIVIDING PROPERTY UPON DIVORCE
One of the most significant policy questions involving the division of marital property is whether the division should be influenced by marital misconduct. At present, a majority of jurisdictions hold that marital misconduct is a factor to be considered only where it has an economic impact on the ma ...
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        Restricted3. Divorce Source: MARITAL MISCONDUCT AND EQUITABLE DISTRIBUTION
The trial court could consider the husband ...
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        Restricted4. Divorce Source: MARITAL MISCONDUCT
(�1994) Most states have taken the position, either through legislation or case law, that misconduct such as adultery should not be considered in deciding upon an equitable distribution of assets acquired during ...
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