Posted by Lawyer - Mark Chinn on January 23, 2012
There are many situations where one party contributes separate funds to the acquisition of a home. Once separate funds are contribute to joint property which is used in the marriage, the separate funds are deemed “commingled” in the marital estate, thus making them subject to award in divorce. An examination of the decisions on this point leads to complete confusion.
There are just as many cases which affirm an equal distribution as there are cases which take the separate contribution into account. The Court has said that an exact “credit” for separate funds is not called for. In the recent case of Gordon v. Gordon, NO. 2010–CA–01227–COA, (App. Ct. Miss. 1/17/2012) the court of appeals affirmed a Chancellor’s award of an exact credit for $70,000 of separate money invested in the marital home.
The moral of the story seems to be that Chancellors have vast discretion in determining how to deal with separate money contributed to a joint home and there is no way to make a prediction in such cases.
Categories: Divorce, Financial, Real Estate
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Posted by Lawyer - Mark Chinn on January 17, 2012
Child abusers are masters of deception. They often disguise their abuse with careers of service, such as children’s ministry, or church, or school. They also conceal their character by attaching themselves to people whose reputations are beyond repute. People seem to assume that people with great character will only have those with great character around them. But, we cannot know what lurks behind the outward personas of people.
Abuse is often subtle or hard to detect or prove. Abusers use techniques for verbal, physical or sexual abuse which make it hard discern what is happening.
Most, if not all, states require most professionals and any person to report abuse to the State. For example, Doctors who witness bruises or suspicious breaks (e.g. spiral) on a child. While some abuse may be obvious, most is not. The Mississippi Department of Human Services has developed the following guide list for determining if more subtle signs of abuse are subject to report:
The following is taken from the Mississippi Department of Human Services website.
Abuse Is:
- Emotional/Verbal Abuse is anything said or done that is hurtful or threatening to a child and is the most difficult form of maltreatment to identify:
- Name calling, “You’re stupid”
- Belittling, “I wish you were never born”
- Destroying child’s possessions or pets
- Threatens to harm child or people they care about, “I’m going to choke you” or “I’ll break your arm”
- Locking a child in a closet or box
- Rejecting a child
- Isolating a child
- Sexual Abuse is any inappropriate touching by a friend, family member, anyone having on-going contact and/or a stranger such as:
- Touching a child’s genital area
- Any type of penetration of a child
- Allowing a child to view or participate in pornography
- Prostitution, selling your child for money, drugs, etc.
- Forcing a child to perform oral sex acts
- Masturbating in front of a child
- Having sex in front of a child
- Physical Abuse is any type of contact that results in bodily harm such as bruising, abrasions, broken bones, internal injuries, burning, missing teeth and skeletal injuries:
- Hitting or slapping a child with an extension cord, hands, belts, fists, broom handles, brushes, etc.
- Putting child into hot water
- Cutting the child with a knife or any other sharp object
- Shaking or twisting arms or legs, yanking a child by the arm
- Putting tape over a child’s mouth
- Tying a child up with rope or cord
- Throwing a child across a room or down the stairs
- Neglect means not meeting the basic needs of the child and is the most common form of maltreatment:
- Medical - not giving a child life-sustaining medicines, overmedicating, not obtaining special treatment devices deemed necessary by a physician
- Supervision - leaving child/children unattended and leaving child/children in the care of other children too young to protect them (depending upon the maturity of the child)
- Clothing and good hygiene - dressing children inadequately for weather, persistent skin disorders resulting from improper hygiene
- Nutrition - lack of sufficient quantity or quality of food, letting a child consistently complain of hunger and allowing the child to rummage for food
- Shelter - having structurally unsafe housing, inadequate heating, and unsanitary housing conditions
REPORT ABUSE
Contact Information
Mississippi Department of Human Services
Division of Family & Children’s Services
Administration/Prevention Unit
1-800-345-6347 | 1-800-222-8000
Categories: Children & Divorce, Emotions, home, Legal, Love & Relationships
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Posted by Lawyer - Mark Chinn on January 9, 2012
As a family lawyer, I often deal with abuse that is difficult, if not impossible to prove. The divorce lawyer faces many obstacles in dealing with this. First, many people don’t fully appreciate the abuse they are suffering because it is so subtle. Second, the abused person often feels either responsible or so embarrassed that they are not able to verbalize what they are experiencing. And, while the abused person is not at fault, they do play a role in the abuse. Family lawyers should educate their clients on abuse, particularly physical abuse.
Visit our web site for material on abuse at chinnandassociates.com. We often recommend the book, The Verbally Abusive Relationship, by Patricia Evans (2010, Adams Media). This book helps clients identify the abuse they are suffering and educates them on how to step out of the cycle. A friend recently told me about another helpful book called, The Emotionally Destructive Relationship: Seeing It, Stopping It, Surviving It, by Leslie Vernick, (2007, Harvest House). In Chapter 1 she defines the emotionally destructive relationship. Importantly, she shows how destruction in relationships can be much more subtle and not always malicious as we often imagine abuse to be.
Education about abuse is important not just to determine to get out of a relationship, but also to possibly help people identify ways to step out of the cycle and save a marriage.
Categories: Collaborative Divorce, Divorce, Divorce Lawyers, Emotions, Love & Relationships, Tips
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Posted by Lawyer - Mark Chinn on December 19, 2011
I have already had several documents that I have either sent or received which mistakenly had 2011 instead of 2012. Start thinking about the year change now. When you draft proposed agreements or pleadings, or notary signatures, leave the year blank, such as “201_” instead of anticipating the year the document will actually be signed. Small mistakes in year can either be a little embarrassing or completely change the meaning of a document.
Categories: Do-It-Yourself Divorce, How to Divorce, Settlement, Tips
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Posted by Lawyer - Mark Chinn on December 12, 2011
All attorneys know there are “rules of construction” in the interpretation of contracts and agreements. These rules call for the Court to first see if the language is clear without further testimony. If the language is not clear, the Court might hear testimony as to the intent of the parties. If the intent is still not clear, the Court will interpret the agreement against the drafter of the Agreement. In divorce cases, one attorney is usually charged with the actual typing of the agreement.
But interpreting the agreement against the attorney typing the agreement is often not fair, because the mere typist of the agreement doesn’t have total control over the language. Instead, the language is the product of compromise. Our firm utilizes the following language to protect ourselves when we assume the responsibility for the actual typing of the agreement:
Future Interpretation. Both parties agree that should any future dispute arise as to the interpretation of this agreement or any part thereof, the agreement shall be construed as having been equally drafted by both parties as if each party drafted each and every word and, therefore, should not be construed against a party because that party actually prepared the agreement.
For more unique provisions, visit me at my presentation on “Unique Divorce Provisions” on January 26, 11 at the Old Capitol Inn. You can register
here!
Categories: Collaborative Divorce, Divorce, divorce court, Divorce Laws, Do-It-Yourself Divorce, How to Divorce, Legal, Mediation, Settlement, Tips, Uncategorized
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Posted by Lawyer - Mark Chinn on December 5, 2011
All too often, a female client will think about changing her name after we have entered the divorce. She wants to know how to do it. This is a shame, because it is easy to incorporate the name change in the Order of the divorce with one sentence and it is done! One consideration for young mothers is whether they want to have a different last name from their children. Other than that, its easy to accomplish if thought about on the front end.
Categories: Children & Divorce, Collaborative Divorce, Divorce, divorce court, Divorce Laws, Do-It-Yourself Divorce, How to Divorce, Tips
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Posted by Lawyer - Mark Chinn on November 28, 2011
Divorce negotiation is a tricky thing. It is much more complicated than a business negotiation because of the emotions involved. It is also made difficult by the fact that few married people can negotiate at what we call “arms length.” Each party has emotional leverage on the other. Most often, one party has superior emotional position, financial power or control over the other. It is the job of lawyers to “level the playing field.”
There is a danger, however, to those who enjoy less negotiation power, or who want out of the marriage, or who want things to be pleasant. In the spirit of cooperation, or in an effort to end the conflict, sometimes people agree to written agreements with a side understanding that certain other things will be done.
Don’t go for it.
Whatever is not written in an agreement cannot be relied upon. Even if the promise is made in good faith–which is rarely the case–circumstances change after divorce, and the desire to honor the promise may pass. Clients should advise their attorneys of any verbal side deals they may be relying upon and seek their advice before signing an agreement that has verbal side deals attached to it.
Categories: Collaborative Divorce, Divorce, divorce court, Divorce Lawyers, Do-It-Yourself Divorce, Emotions, How to Divorce, Mediation, Settlement, Tips
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Posted by Mediator - Karen Stewart on November 22, 2011
The fact that Bill 16, Family Law Act has been passed is a sign that the traditional system needed reform. The new act addresses some of the fundamental problems in the system and we look optimistically to the impact it has on children and families in general. I do not think anyone can argue or dispute the massive amount of destruction to assets and children that has occurred in our adversarial system. The courts have been needlessly backlogged with mindless arguments and position bargaining about issues that simply do not belong in front of our Judges.
Couples using our expensive courtroom resources to fight their personal battles has to come to an end. This is a step in the right direction. The new Act steers couples towards mediation, which is obviously music to Fairway Divorce Solutions’ ears but more importantly it is clearly in the best interest of children and their parents and it will also save a ton of wasted taxpayers money at the same time. The unfortunate reality of our system is that those who really need a Judges intervention often do not get heard “in time”. We do not need to look much past our front pages of the newspaper to read of the tragedy of families that were “lost” in our system.
I personally admire BC’s attorney general for the initiative and I look forward to other provinces getting on board. If we can save one child from the tragic outcome created because of our system and if we can start to empower children of divorce to move through their parents divorce without emotional harm – then we can start to change the way divorce happens. The new Act focuses primarily on the well being of the children and I am hopeful that this agenda will create greater accountability within the system as it is long overdue. Press Release
Categories: Children & Divorce, Divorce, divorce court, Divorce Laws
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Posted by Lawyer - Mark Chinn on November 21, 2011
We all know that the Pilgrims invented Thanksgiving at a time when they were living in the harshest of environments and suffering unspeakable misery with famine, and death from disease. They taught us that Thanksgiving is a spiritual state of mind which is available to all of us no matter what our circumstances. In our time of comparative luxury and plenty, we should still remember that Thanksgiving is available to all of us, no matter what particular trouble might be attacking us. Take joy in your trials and focus these days on all of the many good things in your life!
The Team at Chinn & Associates, PLLC
Categories: Uncategorized
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Posted by Mediator - Karen Stewart on November 14, 2011
Finding yourself on the doorsteps of divorce is hard enough emotionally but add the multitude of decisions that are going to have to be made and it can feel completely overwhelming. While there are only two main areas for decision-making; kids and money, coming to resolution can take years and use up a lot of your hard earned wealth. While there is more of a trend towards mediation, many people still feel the need to hire top guns with the perception that their “rights” will be better attended served. In many cases on the pursuit of one’s “rights”, “best deal” or “win”, the cost associated with an unpredictable outcome does not justify the time or the means.
On the continuum of resolving divorce issues, on one end is Litigation and the other end, Mediation. Moving from one spectrum to the other you might find, arbitration, collaborative law, interest based mediation, and other hybrids all worthy of consideration. While there may be the perception that litigation is in fact “taking control” the opposite is usually true. The reality is that retaining a litigation lawyer sets in motion a series of applications, affidavits, court appearances that destroys assets and relationships. Litigation is prudent in some cases where the parties have pursued every other means to resolve their issues with no success. While the outcome with litigation may be “just” in the face of the law, it is often not “fair”. The judge has to use the information put forth by the lawyers and in the affidavits with the assumption that both parties are being truthful. We know this simply is not the case. Take for example, where one party is basically telling the truth and the other is not, the outcome will likely be somewhere in the middle as there is simply not enough time or resources to achieve the real picture. To seek litigation to either prove your point, make the other person pay or to assume the outcome will be a win for you is unfortunately naive.
It is best that you and your spouse make the final decisions about money and kids, regardless of whether you get along or not. Ensuring you are an empowered decision maker with financial and co-parenting knowledge is the best recipe for success. New mediation models like “Independently Negotiated Resolution” are process and results driven and ensure that both parties are well equipped to make decisions. While mediation has been traditionally thought of for only amicable couples, new innovated models can achieve resolution for conflicted families as well. The key is to keep your assets in your pockets and preserve relationships.
Categories: Collaborative Divorce, Divorce, divorce court, How to Divorce, Mediation, Separation
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