Catlett v. Catlett, 2009 ME 49

970 A.2d 287 (Me. 2009) · Supreme Judicial Court of Maine · May 12, 2009 · No. Aro-08-334

Summary

The Maine Supreme Judicial Court affirmed a divorce judgment addressing the classification and division of marital property, economic misconduct, spousal support, and adoption of a proposed judgment. The court held that the Chapman Farm was the wife's nonmarital property because the husband conveyed his interest to her during the parties' separation, found no economic misconduct, upheld the property division and $3,500 monthly spousal support award, and concluded that the trial court properly exercised independent judgment when adopting portions of the wife's proposed judgment.

Holdings

  1. The trial court did not clearly err in finding that the Chapman Farm was Carla's nonmarital property because David's conveyance of his interest to Carla during the parties' separation constituted property acquired by gift.
  2. The trial court did not clearly err in finding that Carla did not engage in economic misconduct.
  3. The trial court did not abuse its discretion in dividing the marital property because it considered the statutory factors and reached an essentially just division.
  4. The trial court did not abuse its discretion in awarding Carla $3,500 per month in general spousal support.
  5. The trial court did not err by adopting Carla's proposed divorce judgment because the judgment reflected the court's independent judicial thought rather than merely adopting a party's submission.

Questions Presented

  1. Whether the trial court clearly erred in finding that the Chapman Farm was Carla's nonmarital property.
  2. Whether the trial court clearly erred in finding that Carla did not engage in economic misconduct.
  3. Whether the trial court abused its discretion in dividing the marital property.
  4. Whether the trial court abused its discretion or otherwise erred in awarding Carla $3,500 per month in general spousal support.
  5. Whether the trial court erred by adopting Carla's proposed divorce judgment.

Disposition

affirmed

Cases Cited (7)

  • Coppola v. Coppola, 2007 ME 147, ¶ 14, 938 A.2d 786, 791(followed)
  • Peters v. Peters, 1997 ME 134, ¶ 25, 697 A.2d 1254, 1261(followed)
  • Quin v. Quinn, 641 A.2d 180, 181 (Me. 1994)(followed)
  • Brown v. Habrle, 2008 ME 17, ¶ 13, 940 A.2d 1091, 1095(followed)
  • Carter v. Carter, 2006 ME 68, ¶¶ 19-20, 900 A.2d 200, 204-05(followed)
  • Hess v. Hess, 2007 ME 82, ¶ 22, 927 A.2d 391, 396(followed)
  • In re Marpheen C., 2002 ME 170, ¶ 7, 812 A.2d 972, 974(followed)

Cited In (0)

No citing cases on record yet.

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