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Divorce and Child Custody Mississippi Court of Appeals Opinions 11/5/2013

The Court of Appeals handed down two  Domestic Relations opinions this week:

Spreights v. Spreights

Mr. Spreights appealed the Chancery Court’s opinion awarding custody of their four children to Ms. Spreights as well as the order requiring that he pay Ms. Spreights’ attorneys fees.  The Court of Appeals affirmed the award of primary custody to Ms. Spreights, but reversed the attorney fee award.  As for the attorney’s fees, the court found the record lacked any support for the actual amount of the fees awarded.   Accordingly, the court remanded the attorney fee issue to the lower court for further proceedings.


Williams v. Williams

Williams arises from a 51-year-long marriage.  On appeal, the husband’s main issue was in the classifying the wife’s settlement from a lawsuit against Dow breast implants as separate property.  The Court of Appeals denied the husband relief.  The opinion details the method by which property is classified as “marital” or “separate” property for purposes of dividing that property in the divorce proceeding.  And after closing reviewing the details of how the wife’s settlement proceeds  where handled the court found that the remaining sums were never co-mingled with marital funds or any amount gifted to the husband.  The Court affirmed the award.


For the full opinion, click the name of the opinion above or call one of our Divorce and Child Custody attorneys at 662.234.8775.