Yang v. Li
A court can reject claims that a party who allegedly engaged in an extramarital affair is at greater fault for the breakdown of the marital relationship. The parties married in April 1995 in Beijing, China. They moved to the U.S. in 1998. They were "hard-working and career oriented individuals," wrote the court, and each obtained doctoral degrees. The parties often lived several states apart. Between 2004 and 2007, the husband lived in West Virginia and the wife worked on a post-doctorate degree in Michigan. In 2007, the wife moved to West Virginia to spend time with the husband, in an attempt to revive the marriage and to conceive. She was unable to become pregnant and decided to work on a post-doctoral degree. In 2008, the wife obtained a job in Connecticut. She hoped that the husband would follow. The husband was unable to find a job in Connecticut. The court rejected the wife's claim that the husband was at greater fault for the breakdown of the marital relationship, because he allegedly engaged in an extramarital affair. The wife's decision to pursue opportunities in Michigan and Connecticut also contributed. The husband complained that he was lonely and isolated. The court did not find either party at greater fault for the breakdown of the marital relationship. Currently, the husband lives in Pittsburgh and earns $83,200 gross per year as a data analyst. The wife moved to New Jersey and earns $65,000 gross per year as a research chemist. The court ordered the husband to transfer $37,606 from his retirement account and $75,613 from his bank account to the wife. The court awarded the husband any interest that he possesses to property in China.