There are two types of property in a divorce -- marital property and separate property. In many cases, it can be difficult to prove that certain property belongs to only one of the parties. This is one area where a prenuptial agreement can prove to be invaluable.
]]> Prenups identify assets and debts that each party owns prior to the marriage. Not only would this make it easier to identify such property in the event of a divorce, but it also gives the parties the chance to assign a value to each of those assets as of the date the agreement is signed. This makes it easier to determine what, if any, portion of the asset might be considered marital property if the parties divorce. Furthermore, the parties can determine how all of their property will be divided, whether one party will receive alimony and how to resolve other financial issues.Getting a divorce is never easy, but a Mississippi couple can ease the stress involved in the process by executing a prenuptial agreement prior to marriage. However, it is important that the agreement complies with all current laws. Otherwise, it could be declared null and void by the court in a divorce, which means the that parties could have to start all over again in order to divide their property.
]]>Duff and Comrie agreed to share custody of their son. They also agreed to split all of the expenses their son will have. The couple managed to remain friends in order to focus on raising him. They communicate with each other regularly, even sending pictures to each other when their son is with one parent and not the other.
]]> As for the division of their property, the couple was able to come to an agreement on those issues as well. Reports indicate that Duff was ordered by the court to pay Comrie $2,408,786. He also received two vehicles and his jewelry. Duff received two of the couple's homes -- on in Beverly Hills and one in Malibu.When a divorce is first filed, the parties are often not in a good place. Attempting to negotiate a settlement at that point might not be fruitful. Sometimes, the parties need to take a step back, regroup and try again -- especially if they have children.
If necessary, the court will need to make decisions on behalf of the parties, but that is not a requirement. Instead, Mississippi couples can choose to negotiate a settlement without the court's assistance. This allows the parties to tailor their agreement to fit their family's needs. Parenting under the best circumstances can be challenging. Therefore, when the parties focus their efforts on ensuring that their children have access to both parents, everyone can walk away satisfied.
Source: youthhealthmag.com, "Hilary Duff And Ex-Husband Mike Comrie Enjoys Family Vacation With Son Luca In Maui Post Divorce", Megha Kedia, Feb. 14, 2016
]]>Gathering information on the couple's assets and liabilities is just one step in the process -- albeit an important one. Without this information, any negotiations might not be fruitful. However, individuals should take other steps before filing divorce papers.
]]> Each party's conduct in the months prior to and during the process could be scrutinized by the court depending on the circumstances. Therefore, it would be a good idea to begin avoiding social media until after the divorce is final. Anything on a Mississippi resident's Facebook page or Twitter feed could be used as evidence in court.Pictures and posts about partying or badmouthing a soon-to-be ex-spouse will only make an individual look bad in front of the court. This does work both ways, however, and it would also be beneficial to copy any such information from the other party's page before he or she attempts to delete it. It should also be noted that deleting social media information is illegal since it is tantamount to destroying evidence.
Social media sites are not as private as many believe them to be. Mississippi does not require grounds for divorce. However, this type of information is often used when parties go to court over child custody, spousal support or other issues where a party's character or actions could influence the court's decision.
Source: The Huffington Post, "6 Things to Do Before Filing for Divorce", Lisa Helfend Meyer, Feb. 2, 2016
]]>In the absence of a prenuptial agreement awarding all of the funds in a retirement account to one spouse, the account could be considered to be part of the marital estate. However, if the retirement account was started prior to the marriage, a portion of funds may be considered the separate property of the spouse who owns the account. The remaining funds will most likely be considered marital property and subject to between the parties.
]]> Since Mississippi is an equitable distribution state, the marital portion of the funds might not be distributed equally. Instead, they will be divided in a manner that is considered by the court to be fair to both parties. Once an amount has been determined, a qualified domestic relations order might be required in order to avoid any tax consequence when the funds are distributed.If one party believes that a portion of his or her retirement account should be considered separate property in a divorce, evidence will need to be provided to the court that establishes that fact. Furthermore, if one party believes that the marital portion of the account should not be divided equally, evidence will need to be provided as to why one party should receive more of the funds than the other does. In any case, the process of dividing retirement accounts can become complex without the proper assistance.
Source: wcpo.com, "How retirement plans get divided in a divorce", Jan. 20, 2016
]]>This is because an equitable distribution of assets does not necessarily mean equal. Therefore, one party could be left at a financial disadvantage. If this is the determination of the court, an award of alimony will then be considered. Depending on the circumstances, one of three types of alimony could be awarded.
]]> Rehabilitative alimony helps the party in need get back on his or her feet. It is awarded for only a specified period of time. If the receiving party gets married again or is cohabitating with someone during that time, the support can be terminated. It will also end if either party dies.Periodic alimony can decrease or increase over time. If the receiving spouse remarries or either party dies, it stops. If the receiving party is found guilty of some sort of misconduct, he or she forfeits the alimony.
The last type of spousal support is lump sum alimony. As the name implies, the party receiving it is entitled to one large settlement, which can be paid installments. It cannot be modified in any way.
Several factors go into a Mississippi court determining which type of alimony will be awarded. An attorney can review your situation and inform you of your options. Whether you are looking to receive spousal support or might be ordered to pay it, it is not advisable to go before the court without the assistance of an experienced family law lawyer.
]]>A 50/50 child custody arrangement allows parents to adapt the plans as the child grows older. However, it requires a great deal of communication between the parents. For this reason, it may not be suitable for all families. It will require both parents to maintain predictable and consistent schedules that the child can understand.
]]> In drafting a parenting plan, parents must keep in mind that two different homes, each with its own set of rules and routines, can be emotionally demanding for a child. For 50/50 parenting to be effective, it is often suggested that the plan allows both parents to have weekend time with the child. Traditionally, moms took the weekday shifts when busy schedules could cause tension, and dads had the opportunity to spend the more relaxed weekends with the child. It could benefit a child if both parents have an equal share in the weekday duties and weekend fun times.Mississippi parents with joint child custody may find it challenging to draft a 50/50 parenting plan that accommodates their schedules while also protecting the best interests of their children. They may find comfort in knowing that experienced family law attorneys can provide the necessary guidance to achieve this. Some may suggest the assistance of a qualified family law mediator who can facilitate communication and compromise to reach a parenting plan that will allow continued loving relationships between the child and both parents
Source: popsugar.com, "Navigating a 50/50 Custody Agreement", Laura Lifshitz, Jan. 11, 2016
]]>At the time of his marriage, he was facing charges for the rape and kidnapping, but he did not divulge this information to his fiancée. He was subsequently convicted and sentenced to prison for 18 years two years after they were married. In 2011, he was granted parole, and his wife filed for divorce.
]]> By the time he began his prison sentence, the couple had a child. His wife was left on her own without any support from her husband. Nevertheless, she was able to take over his business preparing taxes. During the time that he was incarcerated, she made repairs to the marital home, kept up his business and even started one of her own.In the divorce, the wife provided evidence to the New Jersey judge that she had spent over $200,000 taking care of her husband's property. The home and business were given to the husband because they were separately owned by him prior to the marriage, but his wife was awarded a lien in the amount of $175,000 as repayment for the money she spent over the years. The woman's now ex-husband appealed the ruling saying that the judge abused her discretion presumably because she was biased by his criminal past, and that the parties had a prenuptial agreement that he was unable to produce to the court. The appeals court denied his claims and upheld the judge's ruling, which was within the law.
Few people are 100 percent satisfied with a court's ruling in a divorce because it is nearly impossible for both parties to receive everything they want. If one of the parties believes that the court abused its discretion in making a decision, an appeal may be filed. If the evidence supports the Mississippi divorce court's ruling, as was the case here, the decree will be upheld. However, if the appeals court finds reason to believe that a ruling was unfair, it may require further action by the trial court.
Source: mycentraljersey.com, "Court upholds divorce settlement between convict, wife", Mike Deak, Jan. 1, 2016
]]>For example, a couple signed such a contract with a storage facility agreeing that the wife would retain possession of any extra frozen embryos if the couple divorced. When the couple ended its marriage, the husband objected to his soon-to-be ex-wife having the two leftover embryos. He was aware that she wanted to use them in order to have more children, but he did not want to be the father of those children.
]]> He argued that the contract was not between husband and wife but, instead, between the parties and the storage facility. Therefore, the Missouri judge presiding over the divorce should decide the fate of the frozen embryos. The judge decided that they were owned jointly, which meant that the woman would need her ex-husband's consent to use them. He apparently has no intention of giving that consent, because the woman is appealing that decision.It might be beneficial for Mississippi couples who are contemplating freezing embryos to construct their own agreements through either prenuptial or post-nuptial agreements, in addition to any contracts signed with storage facilities. This could help avoid court battles in the future if the parties divorce. Understandably, most couples do not want to contemplate the possibility of their relationships ending when they are preparing to have children at some point in the future. However, it is always better to be safe than sorry.
Source: ksdk.com, "Divorced St. Louis County couple battle over frozen embryos", Jennifer Meckles, Dec. 23, 2015
]]>Many believe that the divorce process takes on a life of its own and has its own inertia. That is only true if the parties allow it. The parties can take control of how the process will move forward. If they are able, they can even negotiate their own settlement.
]]> Before any negotiations begin, however, it is necessary to have an understanding of the couple's current financial situation, along with the financial needs of each individual after the divorce. Once all of the relevant paperwork is gathered, some of the couple's marital assets may need to be valued in order to divide them equitably. Even if the house and a retirement account have the same appraisal value, the house will have additional costs -- such as maintenance, repairs and taxes -- that actually lower its value and could make it too expensive for one party to keep.A Mississippi divorce does not have to be contentious or a drawn out courtroom battle. Working through the issues together often leads to greater satisfaction with the final settlement. Furthermore, if the parties have children, how the divorce progresses could affect the couple's interactions as parents, which may affect the children as well. Most parents want to insulate their children from the divorce as much as possible, and in order to minimize the effects it has on them, the parties may benefit by finding a way to co-parent after the divorce is finalized.
Source: The Huffington Post, "New Year, New Life: Why Divorce Rates Rise in January", Randall M. Kessler, Dec. 16, 2015
]]>Scheduling time with each parent can be a challenge for a variety of reasons. When one or both parents' work schedules are not fixed, the parties will need to agree to be flexible to some extent. The parties can agree to work out a calendar when upcoming work schedules are known. Some parents may try to leave the schedule up to children, but that can put far too much pressure and stress on them. Children can be given some say in which parent they stay with under limited circumstances if they are old enough.
]]> Creating a parenting plan is more than just scheduling time with each parent. More practical, day-to-day issues can also be memorialized in the agreement. Money is often at a premium after a divorce -- especially at first. It is often impossible to have two complete sets of toys and clothes at both households. The parties can come to some sort of agreement regarding the return of items from one household at the end of each visit.These are only some of the issues that Mississippi parents need to consider during the divorce. Any agreement reached should work for the whole family as they move into this new phase of family life. No agreement will be followed to the letter all of the time, but if both parents agree on its provisions and know what to expect under certain circumstances, the transition may go more smoothly.
Source: The Huffington Post, "Survive Parenting After Divorce: Don't Make These 5 Common Mistakes!", Natasha Daniels, Dec. 14, 2015
]]>Since a large part of the divorce process entails dividing the marital assets, this is the time to gather as much information regarding the family's financial situation as possible. Understanding the debts and assets a Mississippi couple has can help when it comes time to negotiate a property-settlement agreement. Not all assets are equal either, so it would be a good idea to understand the financial consequences of fighting for a particular asset, such as the family home.
]]> As the average age of the population of the United States increases, retirement is a major concern. Each party needs to understand his or her rights and responsibilities when it comes to splitting retirement accounts in a divorce. Other considerations, such as social security benefits, need to be researched as well.Emotions often run high when a marriage ends, and taking the time to deal with and reel them in prior to filing is beneficial. This could help make negotiations more amicable, which, in turn, could result in a more equitable and fair settlement agreement. Otherwise, negotiations could easily degrade to a point at which the parties end up in a contentious court battle.
Making the decision to end a marriage is not always an easy one. It can be just as much of a challenge to stay together during the holidays. However, it could be a blessing in disguise, because being prepared for the divorce proceedings could make the process go more smoothly.
Source: marketwatch.com, "Divorcing in 2016? Get your affairs in order first", Quentin Fottrell, Dec. 11, 2015
]]>The party who did not participate in the finances may not have all of that information. The other party may even attempt to hide assets, which would most likely result in an unfair settlement. It may be necessary to involve the courts in order to be sure that all of the information regarding the parties' assets and debts is disclosed.
]]> During a divorce, both parties are required to provide a full financial disclosure. If evidence shows that one party has failed to do so, a Mississippi court can enter an order requiring that party to provide all documentation to the court and the other party. If there was an attempt to hide assets, the court has some discretion regarding what to do about those assets. In some cases, they are awarded to the other party.Once all of the information is available, it helps to know what each party's financial needs are after the divorce. This is the second component in property division. The court will consider many factors, including the length of the marriage, who will be the primary custodian of the children and the ability of each party to make a living. After reviewing these and any other relevant factors, a decision will be made that achieves the most equitable distribution possible under the circumstances.
Source: CBS Philly, "Know Your Future Expenses And Your Spouse's Assets In A Divorce Proceeding", Caroline R. Mirabile, Dec. 3, 2015
]]>Most spouses know what their spouses fear and may play to those fears in an attempt to gain an upper hand in a divorce. Some people threaten to deny access to the children and claim they will get full custody of them. Others will lie in court in order to make the other party look bad. A spouse may even believe that hiring an attorney will scare the other party.
]]> Most of these fears can be put to rest the parties have separate legal counsel. It may also keep one spouse from attempting to intimidate the other. Having an understanding of the legal process in which the parties are involved could help the party being bullied to stand up for him or herself. Each party's independent future is at stake, and entering into an agreement out of fear or misinformation could jeopardize it.Each party has certain rights in the divorce process. One party can make any claim they choose, but that does not mean that person is right. Mississippi law outlines certain factors, formulas and procedures that judges follow in order to make their decisions in divorce cases. These laws cover issues such as property division, alimony and child custody, along with child support. Do not let the other party use bullying to get what he or she wants.
Source: The Huffington Post, "Coping With a Divorce Bully", Mel, Dec. 2, 2015
]]>A determination will be made regarding any claims that certain property belongs to one spouse only, such as any separate property one party may have brought into the marriage or inherited during the course of it. A Mississippi court will look at who contributed the most to the acquisition of a piece of marital property, regardless of whether the contribution was monetary or non-monetary. Even the emotional value of an asset to one person is taken into consideration, along with its market value.
]]> The division of some assets could affect a third party, and those consequences may be taken into consideration as well. In some cases, a piece of property may be awarded in exchange for the elimination of periodic payments or other sources of future contention between the parties. The financial security of the parties is also a consideration during this process. A combination of assets, earning capacity and income should give each party the potential for a secure financial future after the divorce is final. Judges also have the discretion to consider other factors as well.Understanding that marital estates are not ordinarily equally split might help those Mississippi couples who would like to negotiate their own property division agreements. This takes the pressure off the parties to try to split their assets 50-50, but they may do that as well if it is satisfactory to both parties. So long as the division is equitable and fair, any agreement the parties reach will most likely be approved by the court.
]]>Determining what will happen to the embryos in the event of divorce is essential since case law and state laws have not quite caught up to the technology. For example, a couple froze some embryos for later use. The wife got cancer, which she believes robbed her of her ability to become pregnant and carry a baby to term.
]]> The parties subsequently divorced. Even though the parties signed an agreement to destroy their frozen embryos in the event of a divorce, the woman wanted to keep them since they could be her only chance to have a child of her own. Her husband refused and insisted that the agreement they made be upheld. Recently, a California court agreed with him. Couples were cautioned not to take these agreements lightly; in this case, the agreement trumped the woman's request for a different result.It is situations like this where a prenuptial agreement can be invaluable to Mississippi couples. Discussing these matters prior to marriage and memorializing their decisions can help prevent a time-consuming and costly battle in the event of a divorce. Matters dealing with children often incite strong emotions during the process, and if they are resolved in better times, the parties will know in advance what the consequences of freezing embryos are and can avoid a contentious court battle.
Source: CBS News, "Judge: Divorced California couple's embryos can be discarded", Nov. 18, 2015
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