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Chapter 6: Equitable Distribution

Chapter openingReplacement 9/20/2016I. Introduction and Overview .. 3A . Background .. 3B . Social Policy Considerations .. 3C . Constitutionality .. 4D . Right to Equitable Distribution (ED) .. 4II. Tasks of a Trial Judge .. 5A . Generally .. 5B . Classification .. 5C . Valuation .. 6D . Distribution .. 6E . When Parties Fail to Present Sufficient Evidence .. 6F . Discretion of the Trial Judge .. 7 III. Procedure .. 8A . Jurisdiction .. 8B . Venue .. 15C . Manner of Asserting Claim .. 16D . Necessary Parties .. 17E . No Right to a Jury Trial .. 18F . No Right to an Attorney .. 19G . Relationship of Equitable Distibution (ED) to Entry of divorce Judgment .. 19H . Relationship of Equitable Distribution (ED) to Common Law Property Rights .. 24I . Effect of Death of a Spouse on an Equitable Distribution (ED) Claim.

2. “With the advent of no-fault divorce, dependent spouses lost the ‘bargaining power’ of refusing to consent to a divorce. . . . The combination of no-fault divorce and a ‘title only’ rule for property distribution sometimes led to unconscionable results.” [McLean v.

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