Cindy L. Stafford v. David C. Stafford (Vermont 1993)

Summary

The court affirmed the divorce order's treatment of infidelity evidence, marital property and debt allocation, maintenance, and parental rights and responsibilities. It held that the trial court acted within its discretion in allowing the infidelity issue and related exhibit, found the exhibit sufficiently authenticated, and concluded that the financial and custody determinations were supported by the record and applicable statutory factors.

Holding

Consideration of infidelity evidence not disclosed before trial. The trial court did not abuse its discretion by allowing the wife to present evidence of the husband's infidelity. The pretrial rule did not create an exclusionary sanction, and the court gave the husband an opportunity to respond.

Authentication of the exhibit titled "My List". The exhibit was sufficiently authenticated for admission because the wife's testimony identified it as a file found in the family computer, and the surrounding circumstances provided prima facie support that it was the husband's document.

Exclusion of the exhibit based on surprise or evidentiary prejudice. The trial court did not abuse its discretion by refusing to exclude the exhibit. Surprise alone was not a ground for exclusion, and the exhibit was probative of the husband's infidelity.

Distribution of the marital home and other marital assets and debts. The trial court did not abuse its broad discretion in distributing the marital assets and debts, including awarding the home to the wife without separately compensating the husband for his interest.

Assignment of income tax liability and penalty. The trial court's assignment of the disputed income tax liability to the husband was not clearly erroneous and therefore had to stand.

Rehabilitative and permanent maintenance. The award of rehabilitative maintenance of $300 per month for ten years and permanent maintenance of $200 per month was legally and factually supportable.

Summary

Holding

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