Monthly Archives June 2021

DISTRIBUTION OF ASSETS ACQUIRED AFTER SEPARATION BUT BEFORE DIVORCE

The Court of Appeals in Powell v. Powell, focused on distribution of stocks acquired during marriage but after separation. The trial court had distributed stock options and share equally until the separation, and after separation, the vested stocks were allocated and distributed to the appellee giving rise to this appeal. The appellant essentially argued that the trial court should have also equally transferred to him the stocks that were vested after separation but before the final decree of divorce. As a rule, upon entry of a final divorce decree, the court shall: Assign to each party his or her sole
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CUSTODY MODIFICATION AFTER DIVORCE

The Court of Appeals in Wilson v. Craig, highlighted that child custody and support can be modifying after the final decree of divorce and execution of a separation agreement essentially nullifying the agreement. Parties had reached a comprehensive separation agreement, which was incorporated by reference but not merged into the final divorce decree addressing property distribution, child custody, and child support.  The child custody provision of the agreement called for joint legal and physical custody of the children. Ms. Craig subsequently filed for modification of child custody agreement requesting sole physical and legal custody of the children.  The trial court
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