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07/19/96 JONES v. JONES

July 19, 1996

JONES
v.
JONES



Before Bridges, C.j., Herring, And Southwick, JJ.

The opinion of the court was delivered by: Bridges, C.j., For The Court

LINDA KAY DYKES JONES, APPELLANT v. LAWRENCE DAVID JONES, APPELLEE

THIS OPINION IS NOT DESIGNATED FOR PUBLICATION AND MAY NOT BE CITED, PURSUANT TO M.R.A.P. 35-B

TRIAL JUDGE: HON. W. HOLLIS MCGEHEE II

COURT FROM WHICH APPEALED: PIKE COUNTY CHANCERY COURT

ATTORNEY FOR APPELLANT: CLYDE RATCLIFF

ATTORNEY FOR APPELLEE: T. MACK BRABHAM

NATURE OF THE CASE: CIVIL - DOMESTIC RELATIONS

TRIAL COURT DISPOSITION: DIVORCE GRANTED ON GROUND OF IRRECONCILABLE DIFFERENCES.

DISPOSITION AFFIRMED - 6/23/98

Lawrence Jones and Linda Jones were married on July 8, 1989, in Lynchburg, Virginia. Lawrence was sixty-three years old and Linda was forty-seven years old at the time they married. No children were born of the marriage. On September 1, 1994, the parties separated and Lawrence subsequently filed for divorce. The parties agreed to a divorce on the ground of irreconcilable differences, and left it to the chancellor to determine a) the amount, if any, of alimony, b) the equitable division of marital assets, c) identification and award of separately owned property, d) adjudication of payment of marital debts, e) if Linda was entitled to attorney's fees, f) use and possession of the marital residence, g) subsequent Disposition of marital residence after Linda's use, and h) whether Lawrence should provide health insurance for Linda.

Subsequent to the trial, the chancellor made excellent findings of fact and conclusions of law. However, Lawrence asked for further clarification, and the ruling was so amended. Feeling aggrieved by the judgment, Linda now presents the following issues for appeal:

I. THE LEARNED CHANCELLOR MANIFESTLY ERRED WHEN HE FAILED TO INCLUDE RETIREMENT CONTRIBUTIONS OF DR. JONES IN DETERMINING MARITAL PROPERTY FOR EQUITABLE DISTRIBUTION.

II. THE LEARNED CHANCELLOR MANIFESTLY ERRED WHEN HE DIVESTED, WITHOUT SPECIAL FINDINGS OF FACT, MRS. JONES OF HER JOINT ...


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