Posts belonging to Category Financial

Is divorce reform really the way to go?

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 [...]

THE POWER OF QUICKEN

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 [...]

WHEN THE POST DIVORCE SITUATION CHANGES, DON’T WAIT TO CONSULT A LAWYER ABOUT CHANGING THE ORDER OF DIVORCE

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 [...]

DOES A SPOUSE HAVE A CIVIL SUIT FOR DAMAGES FOR DENIAL OF SEXUAL RELATIONS?

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 [...]

YOU CAN’T PLAY GAMES WITH “CLEAN HANDS DOCTRINE”

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.”  [...]

BE CAREFUL TRANSFERRING HOME TO THE OTHER SPOUSE IN DIVORCE AGREEMENTS

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 [...]

80% OF LAW FIRMS SURVEYED BELIEVE NON-HOURLY BILLING FOR LEGAL SERVICES WILL BE ADOPTED AS A STANDARD BY MOST FIRMS GOING FORWARD

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 [...]

Maintaining Confidentiality and Privacy

The question, how can you maintain confidentiality and financial privacy in your divorce may come to mind when you hear of high profile divorce cases where sensitive information was leaked to the public. Recently the Los Angeles Dodgers owners, Frank and Jamie McCourt have had their divorce widely publicized and it has become a national baseball [...]

QDRO – Qualified Domestic Relations Order

A QDRO is a judgment, decree or order for the division of retirement savings plans, pensions, 401(k)s or other retirement accounts. When is a QDRO needed? A QDRO would be needed in a divorce proceeding where there is a retirement savings plan, a pension, a 401(k) or any other retirement account that needs to be [...]

ATTORNEYS FEES ARE JUST ABOUT IMPOSSIBLE TO OBTAIN IN MISSISSIPPI DIVORCE ACTIONS

Many clients ask if they are going to be able to get their attorneys fees back.  Clients who are victims of abuse or adultery are particularly interested in reclaiming the fees they have to spend as a result of their perception that the entire divorce controversy is the result of their spouse’s fault.  Unfortunately for [...]

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