Archive for January, 2012
Remember tenancy by the entirety from law school? It was that peculiar property creature available only to married couples that was in the nature of joint tenancy, but different. Most of us, other than property lawyers I am sure, relegated the concept to that ephemeral legal never-land populated by other seldom-visited concepts such as quasi-contracts, the rule in [ READ MORE ]
We’ve talked here before about whether you should make a record when you present an uncontested divorce. In Luse v. Luse, 992 So.2d 659, 661 (Miss. App. 2008), the COA held that an appellant who had failed to answer, defend or otherwise appear in the case could not raise for the first time on appeal issues [ READ MORE ]
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Yesterday this little corner of the blogosphere recorded its 100,000th view. By 3:00 pm we had our 100,028th view. That’s in 19 months. The statistics page (that you can’t see) tells me that we get an average of 226 views per day. That average includes weekends, when viewing drops to 50-150 a day, depending on Lord [ READ MORE ]
Neither party has asked for joint custody in their pleadings. They consent to a divorce and agree that the chancellor shall adjudicate custody. The husband testifies that he wants sole custody. The wife testifies that she wants either sole custody or joint custody. Can the chancellor grant joint custody? The answer is set out in [ READ MORE ]
Lawyers who represent people see almost every conceivable form of mankind’s capacity to be inhuman. We see violence and its physical and emotional scars, financial coercion, verbal cruelty, sexual abuse, use of children and other family members as weapons, defamation, and on and on in a breathtaking, seemingly inexhaustable panorama of brutality that seems almost limitless [ READ MORE ]
Who gets to participate in a grandparent visitation case? MCA § 93-16-5 states: “All persons required to be made parties in child custody proceedings or proceedings for the termination of parental rights shall be made parties to any proceeding in which a grandparent of a minor child or children seeks to obtain visitation rights with such minor [ READ MORE ]
For map freaks and Mississippi River afficianados: Spectacular Corps of Engineers map of the ancient courses of the Mississippi River. SOPA (Stop Offshore Piracy ACT) and PIPA (Protect IP Act) have generated a lot of controversy recently. If you’re a user of the internet — and you are if you’re reading this — you should [ READ MORE ]
I’ve talked here before about some confusion (in my opinion) on the part of the COA as to the criteria to award attorney’s fees in contempt cases as opposed to other cases. The question that gave rise to the confusion was whether proof of the McKee factors and/or inability to pay would be required to support an award [ READ MORE ]
Every lawyer has his or her own idea about what needs to be included or not included in a property settlement agreement (PSA) for an irreconcilable differences (ID) divorce. Here are some provisions I have seen in PSA’s through the years that you might find helpful in specific instances. Protection from debts incurred by the [ READ MORE ]
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