824 So. 2d 583 - Hensarling v. Hensarling’s Empirical Analysis
2002
Citation profile
107
cited by 107 later decisions
2
states following
April 2018
most recently cited
107 state decisions
Relationships
Relies on 639 So. 2d 921 - Ferguson v. Ferguson · 437 So. 2d 1003 - Albright v. Albright · 639 So. 2d 909 - Hemsley v. Hemsley · 650 So. 2d 1281 - Johnson v. Johnson · 172 W. Va. 158 - LaRue v. LaRue
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 107 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“We may not always agree with a chancellor's decision as to whether the best interests of a child have been met, especially when we must review that decision by reading volumes of documents rather than through personal interaction with the parties before us. However, in custody cases, we are bound by the limits of our standard of review and may reverse only when the decision of the trial court was manifestly wrong, clearly erroneous, or an erroneous legal standard was employed.”
7 later decisions quote this exact passage“(1) Substantial contribution to the accumulation of the property. Factors to be considered in determining contribution are as follows: (a) [djirect or indirect economic contribution to the acquisition of the property; (b) [contribution to the stability and harmony of the marital and family relationships as measured by quality, quantity of time spent on family duties and duration of the marriage; and (c) [c]ontribution to the education, training[,] or other accomplishment bearing on the earning power of the spouse accumulating the assets[;] (2) The degree to which each spouse has expended, withdrawn[,] or otherwise disposed of marital assets and any prior distribution of such assets by agreement, decreet,] or otherwise[;] (3) The market value and the emotional value of the assets subject to distribution[;] (4) The value of assets not ordinarily, absent equitable factors to the contrary, subject to such distribution, such as property brought to the marriage by the parties and property acquired by inheritance or inter vivos gift by or to an individual spouse; (5) Tax and other economic consequences, and contractual or legal consequences to third parties, of the proposed distribution; (6) The extent to which property division may, with equity to both parties, be utilized to eliminate periodic payments and other potential sources of future friction between the parties; (7) The needs of the parties for financial security with due regard to the combination of assets, income[,] and e”
3 later decisions quote this exact passage · from the concurrence“Equitable distribution does not always mean an equal division of property. Mississippi is not a community property state. Chamblee v. Chamblee, 637 So.2d 850, 863-64 (Miss.1994); Dillon v. Dillon, 498 So.2d 328, 330 (Miss.1986); Rives v. Rives, 416 So.2d 653, 657 (Miss.1982). The community property system and Mississippi’s system of equitable division are very dissimilar. In a community property state, the court may not look at the background of the marriage and/or the behavior of the married couple to decide what would constitute a just distribution of property. Instead the law in a community property state mandates an even division of all marital property, regardless of each parties’ respective contributions. Under the system of equitable distribution, the courts in Mississippi are not so inhibited. “The matter rather is committed to the discretion and conscience of the Court, having in mind all of the equities and other relevant facts and circumstances.” Chamblee, 637 So.2d at 864 (citing Brown v. Brown, 574 So.2d 688, 691 (Miss.1990)). This Court’s holdings in the aforementioned cases show that the chancellor’s discretion in the area of equitable distribution is exceedingly broad and he “has the flexibility to do what equity and justice requires.” Chamblee, 637 So.2d at 864 .”
2 later decisions quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.