Also known as: marital faults · marital misconduct
Written by attorneys · grounded in primary & secondary sources — see below
A principle under which a court disregards evidence of spousal misconduct when determining maintenance, child support, or property division in dissolution proceedings. The principle requires the court to focus instead on financial resources, needs, contributions, and other enumerated statutory factors.
Select any source to read its text and confirm it supports the definition.
Ming Ma petitioned for maintenance after separating from her spouse. She showed insufficient property and an inability to support herself while caring for a young child. The court set the amount and duration of the award after weighing her resources, the time needed for training, and the other spouse's ability to pay, without considering any claims of misconduct.
Madison Meyers sought child support from her former spouse after dissolution. The child had special educational needs and the custodial parent had limited resources. The court calculated a reasonable support amount after reviewing the child's resources, the custodial parent's income, and the noncustodial parent's ability to pay, without regard to any allegations of marital misconduct.
Miguel Mendoza filed in State B for division of assets following a status-only divorce entered in State A. The court assigned separate property to each spouse and divided the remaining assets in just proportions after considering duration of the marriage, contributions to acquisition, and future earning opportunities, without reference to any misconduct.
Malcolm McKinley sought equitable apportionment of property after a dissolution decree that lacked jurisdiction over assets. The court apportioned the property and assets belonging to either spouse after weighing the duration of the marriage, each party's contributions to acquisition and appreciation, and needs of the parties, without regard to marital misconduct.
Melissa Mills claimed an interest in her former spouse's recently earned M.B.A. during property division. The court held that the degree was not marital property subject to division and assigned it to the earning spouse after applying the statutory definition of marital property, without considering any evidence of misconduct.
No. A verified petition alleging that the marriage is irretrievably broken satisfies the statutory requirements when it includes the required background facts and relief sought. The statute abolishes traditional fault-based defenses and does not require pleading adultery, cruelty, or other misconduct.
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…for dissolution of the marriage, legal separation, [or] declaration of invalidity ..., the court shall, without regard to marital misconduct, make such disposition of the property and the liabilities of the parties, either community or separate, as shall appear just and equitable after considering all relevant factors including,…
…the judgment. The Uniform Dissolution of Marriage Act requires that a court shall divide marital property, without regard to
…answer. She prayed that a divorce be disallowed and separate maintenance granted. Neither party charged the other with any marital misconduct
…the court may order either parent of both parents to pay any amount reasonable for support of a child, without regard to marital misconduct
…point, Wife declares the trial court erred in not ordering Husband to pay her attorney's fees, because (1) Husband committed marital misconduct
The court decides whether there is any reasonable prospect of reconciliation between the parties. It weighs the separation, lack of communication, and the parties' current positions rather than assigning blame for the breakdown.
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No. The court must divide property without regard to marital misconduct and instead considers factors such as duration of the marriage, contributions to acquisition and appreciation, and each party's needs and future opportunities.
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No. The court sets maintenance in amounts and for periods it deems just after considering financial resources, time needed for education or training, the marital standard of living, and the paying spouse's ability to meet both parties' needs, without regard to marital misconduct.
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No. The court calculates support after considering the child's resources, the custodial parent's resources, the child's needs, and the noncustodial parent's ability to pay, without regard to marital misconduct.
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