Jerry B. v. Sally B.

A husband and wife separated after the husband was charged with sexually abusing their minor daughter. The husband eventually pleaded guilty to first degree indecent exposure. In the civil divorce suit, the superior court took judicial notice of the conviction, concluded that the husband’s sexual offense was the cause of his current financial woes and was therefore a form of economic misconduct, and divided the marital property 70-30 in the wife’s favor. The court also concluded that the wife had not wasted or otherwise misused marital funds she had withdrawn between separation and trial and accordingly declined to recapture those funds in the property division. The husband appeals, claiming the superior court should not have considered his criminal offense and by doing so demonstrated bias against him. The husband also contended the superior court abused its discretion by favoring the wife in the property division and that his due process rights were violated. Finding that the superior court erred by treating the wife's attorney's fees as marital expenses, failing to address the husband's request for fees, and by adjusting the property division to account for expenses the husband was separately obligated to pay.The Supreme Court remanded this case for further proceedings, but affirmed in all other respects. View "Jerry B. v. Sally B." on Justia Law