“Despite Husband’s sexual and financial misconduct, Husband argues that Wife’s lack of housekeeping effort throughout the marriage should be marital misconduct on Wife’s part and justifies a disproportionate property division in his favor. According to Husband, Wife’s lack of housekeeping effort worsened after she suffered from a heart attack and stroke. It should come as no surprise that Husband cites no case law to support this appalling argument. Nevertheless, the record reflects that other factors besides Wife’s alleged lack of housekeeping effort played a role in the marital residence’s clutter and messiness. Possibly foremost of the factors was Husband’s recycling effort. Husband stored recycling materials in the home, on the porch, in the garage, and in the two sheds located on the property. Additional contributing factors include the size of the residence (7,000 square feet), Wife’s elderly parents and ill brother living with them for some time, raising four children, having five pets, and Wife’s continual decline of health. Furthermore, the record reflects that when Wife asked Husband for help in cleaning the inside of the residence the Husband replied that the inside of the house was not his responsibility.”
http://www.courts.mo.gov/file.jsp?id=78115
Laura W. Morgan is the owner and operator at Family Law Consulting in Charlottesville, Virginia.Laura is available for consultation, brief writing and research on family law issues throughout the country. She can be reached through her website. www.famlawconsult.com
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