Posts belonging to Category Financial

WARNING: HOMESTEAD EXEMPTION CAN BE LOST IN DIVORCE TRANSFER OF MARITAL HOME

Almost every divorce involves either the transfer of ownership or use of the marital home.  What most people don’t know is that the transfer of either title or use of the marital home triggers a loss of homestead exemption and they need to reapply.  See:Miss. Code Ann Section 27-33-31. [link].  Divorcing persons and divorce attorneys [...]

HAVE YOU THOUGHT ABOUT PUTTING A DISABILITY INSURANCE PROVISION IN YOUR DIVORCE AGREEMENT?

It is quite common for parties to negotiate life insurance coverage for divorce agreements, but it seems quite uncommon to provide for disability insurance.  Of course, this insurance is not as common as life insurance and may prove too expensive for many couples, but insurance agents tell us disability is much more probable than we [...]

LAWYERS NEED TO THINK ABOUT IDENTITY THEFT IN THE HANDLING OF THEIR CASES, PARTICULARLY FAMILY LAW CASES

The Jackson- based Clarion Ledger reported a marked rise in identity theft in Mississippi.  In 2007, the Jackson metro area wasn’t even ranked in identity theft complaints, but last year, it ranked 31st.  The article cites many ways identity theft can occur. This situation should cause all lawyers to pause and think about how they are [...]

WHAT HAPPENS WITH HOUSEHOLD EFFECTS DURING SEPARATION BEFORE COURT INVOLVEMENT? WHAT SHOULD YOU DO?

Your spouse has left the home.  You don’t know if they have a lawyer or whether divorce is imminent, but you are afraid or concerned because they have free access to the home.  What is the law, and what do you do? Until a court order is entered, both spouses have access to the home. [...]

HOW TO NEGOTIATE WITHOUT CAUSING TROUBLE, PARTICULARLY WITH A DOMINANT SPOUSE

A lot of my clients talk with their spouses directly about settlement of divorce disputes.  Many times my clients want to know what to say.  I have developed a simple script for them to follow.  The simplicity is important, because they need to be able to remember the script under pressure. Here it is: Give only [...]

HOW THE ECONOMIC CRISIS IMPACTS DIVORCE, CHILD SUPPORT, ALIMONY, EQUITABLE DISTRIBUTION OF PROPERTY AND DEBT

        The main obligation of the Courts and for attorneys is to obtain a fair result.  As the economic downturn continues, the Courts are having to make rulings to accommodate job losses, losses of assets, such as stocks, bonds, IRAs, and other financial instruments as well as the devaluation of the marital home and increase [...]

ATTORNEYS AND PARTIES BEWARE: AGREEMENTS FOR DIVORCE ON IRRECONCILABLE DIFFERENCES ARE SUBJECT TO COURT APPROVAL

It is fairly well known that an Agreement for divorce on Irreconcilable Differences is always subject to review by the Court for reasonableness, particularly in relation to children and child support.  Thus, even though parties might agree to something, a court could disapprove of it and not allow the divorce to go through.  This obligation [...]

WILL A SPOUSE BE GIVEN CREDIT FOR SEPARATE FUNDS INVESTED IN A HOUSE?

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 [...]

CAN WE REALLY RELY ON “PRECEDENT” IN DIVORCE CASES? IS GAMBLING NOW GROUNDS FOR DIVORCE?

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 [...]

MISSISSIPPI’S CONSTITUTIONAL INITIATIVE 26 WILL RUN HEAD ON INTO MODERN ASSISTED REPRODUCTIVE TECHNOLOGY

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 [...]

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