Many attorneys believe a client’s most important job is keeping a record or a journal of egregious behavior. Adequate organization will help attorneys better prepare your case and allow the attorneys to present the court with evidence to back your claims.
In McCrimon v. McCrimon, a divorce proceeding arising out of Shelby County, Alabama the Court of Civil Appeals stressed how behavior can be taken into consideration and given weight when determining property distributions in a divorce proceeding. As a result, egregious behavior that takes place before the divorce or during the divorce proceeding can be taken into account.
In the above mentioned case, the parties married in 2003 and were divorced in 2012. In 1996, the parties had a child together prior to the marriage. The wife alleged that there was an incident where the husband told her that he was going to retrieve a shotgun from this father’s place next door and “make sure you leave here.” As the wife was leaving for work, the husband fired the shotgun several times, hitting her vehicle.
During the marriage, the wife placed $30,000 for a down payment on the marital residence, and the husband made all payments on the marital residence. The trial court awarded the marital residence to the husband but awarded the wife $40,000 for her share of the equity in the house. Accordingly, the husband appealed.
First, the husband argued that the division of marital property was inequitable. The trial court determined there was $55,000 worth of equity in the marital residence. Further, the trial court stated that the wife was entitled to the $30,000 for her contribution to the down payment. The trial court took into account the husband’s egregious behavior.
There was evidence that was undisputed that the wife was forced to the leave the marital home at gunpoint, that the wife’s personal items were destroyed, and that the husband enjoyed sole possession of the house and its contents from September 2012 to February 2015.
Based on the evidence before the Court of Civil Appeals, the appellate court ruled that the husband failed to demonstrate that the division of the marital property was inequitable and affirmed the trial court’s order.
It’s important to remember that judges frown upon egregious behavior, especially if it is criminal in nature. If you are going through a divorce or are expecting a divorce, it is your best interest to treat your ex-spouse or soon to be ex-spouse as respectful as possible in order to ensure the best outcome for your case.
If you are man considering divorce and want to protect everything you have worked for
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