Family Law Questions and Answers

Family Law Questions and Answers

The relationship between you and your spouse has changed and you may or may-not be living together, until you are divorced, you are still legally married.
Until you are divorced, you cannot get remarried. Anything you obtain may be subject to a claim of co-ownership.
The potential to lose things you think are yours remains unclear until the divorce is final.

Can I get legally separated in Mississippi?

Mississippi does not recognize “legal separation” therefore in some cases; a spouse can petition the court for separate maintenance support .

Separate maintenance ends if the husband or wife  moves back into the marital home with the aggrieved party.  Separate maintenance ends if the husband or wife  moves back into the marital home with the aggrieved party.
Is an attorney needed to file for divorce?
In some cases involving no children and no property, an attorney is not required.  The law now provides a do it yourself kit.  The big advantage of hiring an attorney is to make the process less emotional and be sure the paperwork is correct and properly completed.    It can be more expensive to go back and correct the original divorce.
Can my spouse and I use the same attorney?
It is unethical for a lawyer to serve two clients whose interests are conflicting.
Can I file for divorce in Mississippi, if I just move from another state?
To file for a Mississippi divorce, one of the spouses must have been a resident of the state for six months. If the court discovers it does not have jurisdiction to hear the case it will dismiss the case or the case may be dismissed by the clerk.
How can I decide what divorce to file? and how do I establish grounds?
A “No-fault” or uncontested divorce the grounds are always “irreconcilable differences”.  Both parties agree and just want the divorce.
A Contested divorce grounds has to be established by Mississippi Statute. There are many grounds for a contested divorce. A few of the statutory grounds: adultery, impotence, imprisonment, alcoholism and/or drug addiction, desertion for more than a year, cruel and inhuman treatment. (MS Code Title 93 Section 5-1)
How do my spouse and I divide up items that was purchased within the marriage?
State law provides for the “equitable” distribution of the marital property of the marriage at the time of the final divorce. Property belonging to one party prior to the marriage may be handled different.
What if my spouse does not follow the final judgment of divorce?
After the divorce is final; sometimes it is necessary to bring the other spouse back to court, to enforce the terms and conditions of the original divorce judgment, this is known as a matter of Contempt.  Changing the original child custody, child support and child visitation terms of divorce is known as a Modification.
Each case is unique and different from the next person; therefore its not a one formulas solution.