A court determining property division and alimony is required to look at certain factors. What are known as the Ferguson factors related to property division include how much each party substantially contributed to accumulating property, the degree to which each spouse has disposed of marital assets, the market value of…
In a recent Mississippi appellate case, a wife filed for divorce on the fault-based grounds of adultery and habitual inhuman treatment. The couple married in 2004 and then separated in 2011. They had no children. The husband owned a bail bonding business, and the wife worked as an admissions registrar.…
The entire concept of property division in a Mississippi divorce is rooted in fairness. In every divorce case, our Chancery courts are charged with the task of determining what is fair on a case-by-case basis. Typically, in a divorce, each spouse’s subjective view of fairness differs. Each spouse generally wants…
Who gets the house? This is the million dollar question I get from many of my clients. Simply put, the answer to who gets the marital home in a Mississippi divorce is not always an easy answer. The marital home or residence is often the largest marital asset the parties…
Do not “sit” on your right to enforce or collect on a divorce judgment. Let me repeat that: DO NOT wait too long to enforce a divorce judgment or any incorporated alimony, property settlement, or child support judgment. I give this counsel to all prospective clients that contact me asking…
From cases involving work-related injuries to those involving injuries arising from car accidents, personal injury litigation is a constant staple in our courts today. Generally, the result of these types of legal matters is either (1) an agreed-upon, financial settlement between the parties or (2) a money damages judgment awarded…
In most divorces, there is almost always some sort of property dispute–insofar as it relates to classifying marital and separate property for the purpose of property division. Depending on the asset(s) at issue, these disputes can be very complex and taxing on both the courts and parties involved. Over the…
It may come as a surprise to some, but a divorcing spouse’s financial or ownership interest in a business may be classified as “marital property” by a court when dividing property in a divorce. As an equitable distribution state, Mississippi courts are required to divide marital assets fairly, or “equitably,”…
In the wake of a divorce, it is not uncommon for spouses to start claiming what is “their” individual property. However, simply “claiming” property as your own does not make it so. Property that a divorcing spouse thinks he or she independently owns–even pre-marital property–may very well be “marital” property…
Along with custody disputes, the division of marital property is often a source of contention for many couples seeking divorce. Depending on the duration of the marriage, the amount of property acquired will fluctuate. But generally, the longer the marriage, the more property or “stuff” is acquired. One of the…