| Dissipation of property during a marriage
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| | photographs constituted dissipation.
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| can be a hotly contested issue in a
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| | Dissipation can also consist of failing
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| divorce action. Often, one party feels
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| | to maintain property. A spouse's failure
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| that a portion of his or her property has
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| | to make mortgage payments and prevent
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| been exhausted for no good reason.
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| | foreclosure in a family home, which
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| Dissipation arises when property is
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| | results in loss of equity therein, can
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| improperly used for the sole benefit of
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| | constitute dissipation. Failing to pay
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| one spouse, for a purpose unrelated to
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| | income tax liability, resulting in
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| the marriage, at a time when the marriage
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| | interest and penalties, constitutes
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| is undergoing an irreconcilable
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| | dissipation.
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| breakdown. Once a prima facie case of
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| | Dissipation should be confined to the
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| dissipation is made, the party charged
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| | situation where value is lost to the
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| with dissipation must establish by clear
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| | marital or non-marital estate resulting
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| and convincing evidence how the funds
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| | in the sole benefit to one spouse for a
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| were spent. Once it is established that
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| | purpose unrelated to the marriage during
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| one party has liquidated marital assets,
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| | marriage breakdown. The timing of the
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| the party charged with dissipation must
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| | alleged dissipation is an important
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| establish by clear and specific evidence
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| | consideration. Determining the instant
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| how the funds were spent.
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| | when the marriage becomes irrevocably
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| What specific acts constitute
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| | broken down can be difficult. The court
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| dissipation? Generally, expenditures
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| | may charge a spouse who dissipated assets
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| held to constitute dissipation are
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| | the amount dissipated against his or her
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| extraordinary expenses that clearly do
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| | share of marital property in order to
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| not further common marital interests.
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| | compensate the other party, but an award
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| For example, gambling losses are patently
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| | of cash or property equal to half of the
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| dissipation. The payment of legal fees
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| | amount dissipated is not mandated.
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| from marital assets has been considered
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| | It is always best for parties to maintain
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| dissipation. However, less than
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| | the status quo as to spending and selling
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| extraordinary expenses have been found to
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| | while dissolving their marriage. If this
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| constitute dissipation. For instance,
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| | is done, neither party will be able to
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| living expenses of one party after the
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| | make a claim for dissipation. Further,
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| marriage's irreconcilable breakdown were
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| | the overall settlement resolution process
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| held in one case to constitute
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| | will be easier to traverse. When one
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| dissipation. "The expenditure of
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| | party believes that he or she is being
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| marital funds by one spouse for
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| | taken advantage of, the divorce process
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| necessary, appropriate and legitimate
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| | often stalls. It is wise to consult with
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| living expenses at a time the marriage is
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| | an experienced divorce or family law
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| undergoing an irreconcilable breakdown
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| | attorney prior to excessive spending or
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| will not be considered to be dissipation.
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| | unnecessary liquidation of marital
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| Dissipation is not limited to financial
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| | property.
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| issues. Wife's destruction of family
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