Wednesday, February 24, 2016

Consent Confusion

The Mississippi Court of Appeals decided Myrick v. Myrick yesterday located here.  The issue in the was that the chancellor awarded alimony although the consent to divorce did not provide for it.  The Court of Appeals reversed and remanded the alimony award finding that the chancellor could not award it since it went beyond the consent. However, the dissent argued as I have in another case that when you submit property division to the trial court, alimony is on the table also.  This case is confusing.  However, the lesson is that if you do not put the relief in the consent on irreconcilable differences for the court to determine, you may not be entitled to it. 

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