A divorce obviously involves property distribution as part of the settlement, and the property that usually is contentious is the house, TV, car, and other valuable assets. These usually are acquired during the marriage. However, there are also other unusual matters over which there can be arguments.
One such is a doctor who slogs for ten years or so and becomes financially successful. Many divorce attorneys believe that busy doctors, business owners, operational managers, and so on typically have bad marriages, since they do not have much time to spare for their spouses. The spouse in turn feels neglected and feels the burden of looking after the house and kids all alone, and as compensation, spends more money shopping. This is resented by the doctor or working spouse who might end up cheating on his wife.
When such marriages break up, divorce attorneys have to hire forensic accountants to estimate the value of a partnership if the doctor spouse has become a partner in a practice. Such a practice is a marital asset, according to divorce attorneys.
Accident Claims are Equally Distributed
Another unusual contention relates to accident lawsuit filed by one of the spouses who has been in an accident during the marriage. The claims awarded in such a lawsuit, according to the law, have to be split equally between the spouses when they divorce.
Divorce attorneys state that in one case a wife wanted to obtain a divorce without the involvement of lawyers and obtained a quick divorce, but was cheated out of a seven figure auto accident case that was pending with her ex, because she was ignorant of that law.
Even in the case of pets, if it is registered under any spouse and was acquired before the marriage, the other has no legal right to them. If the dog or cat is not registered under any name, it is not considered a marital asset.
Emotional Abuse Recognized as Ground for Divorce in Mississippi
For those trapped by the “fault grounds” to seek a divorce in Mississippi, a new bill may come as a relief. House Bill 185 seeks to add excessive verbal, mental, psychological, or emotional abuse also as grounds for divorce in Mississippi, according to divorce attorneys.
The most common ground for a fault divorce are conduct that endangers life, limb, or health. As per the current law, the plaintiff has to prove that such inhuman conduct happened over a period of time and that they had an adverse effect on physical health alone.
A Burden on the Victim Spouse
However, there are many instances where women are subject to abusive and controlling situations and have no evidence for divorce, according to divorce attorney Mark Chinn. Chinn also said that while it was a decent idea to relax the requirements on grounds for divorce, it needed more work, and the language of the bill needed to be more extensive.
The Supreme Court had recognized emotional cruelty alone in 1915 and physical cruelty was removed as the sole cause for divorce in 1892, according to Chinn, who added that the bill had not gone far enough. Unlike Obamacare which is destroying doctor patient relationships and increasing the national debt because it is unaffordable, this is a bill that went far too far.