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 [...]
Categories: Divorce, Financial, Real Estate
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Lawyers are taught that they are to rely upon “precedent” in advising their clients and presenting their cases. “Precedent” means that the matter has been decided a certain way before by a court of authority and it should be decided that way again. But the truth of the matter is that precedent seems to do [...]
Categories: Divorce, divorce court, Divorce Laws, Divorce Lawyers, Divorce Statistics, Emotions, Financial, How to Divorce, Legal, Tips
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Tomorrow, Mississippi Voters go to the polls to vote on a Constitutional Amendment declaring “personhood” to start at conception. The Initiative is quoted below as it will appear on the ballot: “Initiative #26 would amend the Mississippi Constitution to define the word “person” or “persons”, as those terms are used in Article III of the [...]
Categories: Child Custody, Emotions, Financial, Legal
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A recent Washington Times article quotes divorce-reform advocates as making the argument that they can be part of the solution to helping their government save money in these times of economic belt tightening. The article goes on to say that encouraging troubled couples to work things out could benefit the national bottom line. The author [...]
Categories: Divorce, Divorce Statistics, Financial
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Every divorce case is a financial planning negotiation and requires the development of detailed budget, asset and liability information. Assets and liabilities are relatively easy to pin down with documents and appraisals. Accurate budget information is another thing altogether. Clients are usually told to sit down with their checks and credit cards and average the [...]
Categories: Business Valuation, Collaborative Divorce, Divorce, Divorce Lawyers, Do-It-Yourself Divorce, Financial, How to Divorce, Mediation, Settlement, Tips
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I have witnessed countless times when the situation of the parties and the children changes after the divorce and the parties do nothing to change the Oorder. This often leads to unfair results down the road. Many times, the parties are getting along quite well and agree on changes, but that does not mean there [...]
Categories: Alimony, Child Custody, Child Support, Children & Divorce, Collaborative Divorce, Divorce, divorce court, Divorce Laws, Financial, How to Divorce, Legal, Tips
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Here is a link to an article describing a successful suit by a French wife against her ex-husband for failure to perform sexually during the marriage. She was awarded the equivalent of $15,000 US. At first blush, this action seems preposterous. However, a look at law in Mississippi provokes some thought as to whether or [...]
Categories: Divorce Laws, Divorce Statistics, Emotions, Financial, Infidelity, Legal, Marriage, Tips
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The “clean hands doctrine” requires parties to comply with all of their obligations under an order before filing a Motion for Contempt or to Modify against the other party. This doctrine is a fundamental element of family law practice. You have to “do right” to be able to ask that the other person “do right.” [...]
Categories: Divorce, divorce court, Divorce Laws, Emotions, Financial, How to Divorce, Legal, Tips
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Most divorce agreements provide that one party retain ownership of the marital home. The other party “Quit Claims” their interest. There are some serious matters to consider. Transferring the home (or a car or any other item) does not relieve the person surrendering the property from liability to the mortgage holder. This means that the [...]
Categories: Collaborative Divorce, Divorce, divorce court, Divorce Laws, Financial, How to Divorce, Legal, Real Estate, Tips
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Would you go on a cruise without knowing the final cost? Would you board the boat knowing that your bill would be based upon the number of hours that people worked on the ship or waited on you? Would you want to be sent a bill at the end of the cruise based upon the [...]
Categories: Divorce Lawyers, Financial, How to Divorce, Legal, Tips
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