McKnight v. McKnight


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Docket Number: 2005-CA-02316-COA

Court of Appeals: Opinion Link
Opinion Date: 03-06-2007
Opinion Author: ISHEE, J.
Holding: Affirmed

Additional Case Information: Topic: Divorce: Irreconcilable differences - Division of marital assets
Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, CHANDLER, GRIFFIS, BARNES, ROBERTS, AND CARLTON, JJ.
Procedural History: Bench Trial
Nature of the Case: CIVIL - DOMESTIC RELATIONS

Trial Court: Date of Trial Judgment: 10-18-2005
Appealed from: TATE COUNTY CHANCERY COURT
Judge: Mitchell M. Lundy, Jr.
Disposition: UPON CONSENT FOR DIVORCE, THE CHANCELLOR DIVIDED THE MARITAL ESTATE.
Case Number: 02-9-351 (ML)

  Party Name: Attorney Name:  
Appellant: ANNETTE MCKNIGHT




LEIGH A. RUTHERFORD



 

Appellee: RICHARD MCKNIGHT JAMES MCCLURE  

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Topic: Divorce: Irreconcilable differences - Division of marital assets

Summary of the Facts: Annette and Richard McKnight divorced on the ground of irreconcilable differences. The parties submitted the division of marital assets to the court. Annette appeals.

Summary of Opinion Analysis: Annette argues that the court erred in dividing the marital assets. The record provides is no evidence that would suggest that the chancellor abused his discretion. The value of the home given by the chancellor appears to have been derived in a fair manner by taking the average of the two parties’ proposed appraisals. While the chancellor awarded Richard his full retirement income, Annette received a substantial equity in the marital home, which Richard must pay out of those retirement funds. In addition, the chancellor made findings of fact on the Ferguson factors and then awarded alimony to Annette address any discrepancy in the distribution of assets.


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