Sunday, November 8, 2009

Fayette County: Dissolution Procedure - Exhibits for Personal Property

No idea who had this idea or how it came to be put into a local rule but the judges down in Connersville have what I call a good idea.  I think the lawyers reading this will see how this rule reduces the time (and therefore) of getting exhibits relating marital property and debt into the record but that might not be so clear to you who are non-lawyers.

Exhibits need to be admitted before they become evidence.  If not done properly, an exhibit can be kept out if there is an objection that is upheld by the judge.  This rule seems to me to envisage working out the objectionable exhibits before a hearing.  That moves the hearing that much quicker.

I also see the rule as setting out a proposed splitting of the marital property and debts in a tangible format that the judge can use in dividing the property and debts.  Not a bad idea at all.


Prior to commencement of a final dissolution hearing, the Parties shall prepare a joint exhibit setting forth all the marital property.  This exhibit shall not only give a description of the property and debt but the agreed upon value of the property and amount of the debt.  If the Parties can not agree upon a value or an amount then the exhibit shall set out each party's value or amount.  In addition the exhibit shall state who is to receive the property or pay the debt or that the distribution of the items at issue.

No comments: