Wednesday, September 2, 2015
The Mississippi Court of Appeals decided Spotswood v. Spotswood yesterday located here. The issue in the case was what authority the court had to order a party to do anything in the absence of minor children after finding no grounds for divorce or separate maintenance. The Court of Appeals ruled that the chancery court had no authority to order the parties to do anything with no finding of divorce or separate maintenance. The husband had originally been ordered to pay one-half the mortgage and reimburse the wife for some insurance. This appears to be the correct result legally. I still see the argument from a lot that people who do not want a divorce automatically think they are entitled to separate maintenance. Does not work that way.