Mississippi Family Law Blog

How does the judge decide who gets the children?

Jackson's Clarion-Ledger recently reported that Mississippi Judge Leslie Southwick’s nomination to the 5th Circuit Court of Appeals is stalled in the U.S. Senate. Opponents of his nomination point to two cases he ruled upon while a member of the Mississippi Court of Appeals. In one of the cases, he upheld a decision to give custody of a child to the father where the mother was bisexual. While such headlines grab attention, it does little to explain the law in Mississippi.

Continue reading "Child Custody (Part II)--What factors are used in determining child custody in Mississippi?" »

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Posted In: Child Custody & Visitation , Family Law Basics , Family Law News

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What happens to the children?

Divorce is bad enough on both parties when there are no children. However, if you have children and are contemplating a divorce, many more issues arise. How will we tell the kids? Who will tell the kids? Where will the children live? Do we split them up? What are we going to do if one of the parents moves out of town? How often will they visit the other parent who does not have custody? Who is going to make the decisions regarding the child? These are just a few of the multitude of issues which arise in the context of child custody. There are no easy answers, but if you and your spouse can not come to an agreement in the best interest of the child, then a Mississippi judge will provide those answers.

Continue reading "Child Custody (Part I)—What will happen to the children in a Mississippi divorce? " »

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Posted In: Child Custody & Visitation , Family Law Basics

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Birth mother and sister headed to jail in Mississippi

According to the Jackson Clarion-Ledger, the birth mother and her sister accused of abducting a 5-month-old baby at gunpoint from the soon-to-be adoptive parents are being extradited from North Carolina and should arrive in Itawamba County today. The sisters were two of four persons arrested in last week's kidnapping of the baby from a home north of Mantachie, Mississippi. Two other suspects already surrendered to Mississippi authorities.

The baby was given up for adoption soon after her birth. However, the adoption had not been finalized and the abduction came after the birth mother was unable to get the child back from the soon-to-be adoptive parents. Now she and the others will face charges of kidnapping and armed robbery in addition to federal charges.

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Posted In: Adoption , Family Law News

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Divided Loyalties?

Here is a recently asked question: My spouse and I want to get divorced. Can we use the same attorney since we agree on the divorce? No.

This question usually arises when two spouses want to file an agreed divorce based upon irreconcilable differences. Given they agree to the divorce, they hope to save money by using one attorney. The problem is that Mississippi ethical rules prohibit an attorney from representing both spouses during a divorce. Given divorce is an adversarial proceeding, one attorney can not adequately represent the interest of both parties. Even in an agreed divorce, each client needs their own attorney to look out for their interest. It does not take much imagination to realize that you can not negotiate when the negotiator is the same for both parties.

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Posted In: Family Law Basics

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The Cheating Spouse

The third most common fault-based grounds for divorce in Mississippi is adultery. Although many folks think their spouse might have cheated on them and list it in a Complaint for Divorce, Mississippi courts only granted divorces based on adultery in 2.7% of the cases in 2005.

While direct evidence of an adulterous relationship is not required (and usually difficult to obtain), it must be proven that there was both “an adulterous inclination and a reasonable opportunity to satisfy that inclination.” But, the burden of proof is higher than in most civil cases. Adultery must be proven by “clear and convincing evidence.”

Continue reading "Divorce (Part IV)—Adultery" »

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Posted In: Family Law Basics , Grounds for Divorce

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Deserting your spouse in Mississippi could be grounds for divorce

Desertion comes in as the second most common fault-based grounds for divorce in Mississippi. The code defines it as a spouse’s “willful, continued and obstinate desertion of the space of one year.” What does this mean? One spouse has left the marital household for at least one year; that spouse intended to abandon the marriage (“willful and obstinate”); and the other spouse did not agree to the separation. If shown, the chancellor could grant a divorce based upon desertion of the marriage.

Continue reading "Divorce (Part III)—Desertion for One Year" »

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Posted In: Family Law Basics , Grounds for Divorce

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Habitual, Cruel and Inhuman Treatment in Mississippi

In my last posting in this series, I spoke about the different grounds for divorce. In the coming posts, I want to talk in a little more detail about some of the specific fault-based grounds for divorce in Mississippi.

Following irreconcilable differences, the most common grounds for divorce in Mississippi is habitual, cruel and inhuman treatment. Just what does that mean? Does your spouse nagging you about watching too much sports count? Or your spouse yelling at you for spending too much shopping qualify? Probably not. The Mississippi Supreme Court defined habitual, cruel and inhuman treatment as conduct which “endangers life, limb, or health, or creates a reasonable apprehension of danger thereto, thereby rendering the continuance of the marital relation unsafe for the unoffending spouse, or such unnatural and infamous conduct as would make the marital relation revolting to the unoffending spouse and render it impossible for him or her … to discharge the duties thereof.” This essentially involves two different types of conduct.

Continue reading "Divorce (Part II)—Habitual, Cruel and Inhuman Treatment in Mississippi" »

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Posted In: Family Law Basics , Grounds for Divorce

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McCartney-Mills record setting divorce settlement

Paul McCartney’s divorce battle with Heather Mills is reportedly coming to a close with Ms. Mills scheduled to receive an approximately £50 million settlement, the equivalent of roughly 103 million dollars. The settlement includes an initial payment of £15 million ($30,849,026) followed by annual payments of £2.5 million ($5,156,499) for the next 14 years. If finalized, it will be the largest divorce settlement in Great Britain history.

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Posted In: Family Law News

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7 Tips for a Better Divorce

With Mississippi ranking in the top 15 states per capita for divorces, there are many folks who could use some sage advice on dealing with divorce. Dick Price wrote a nice piece about Tips for a Better Divorce on his blog, Divorce and Family Law in Tarrant County, Texas. Applying these concepts may save you a lot of heartache and ease the pain in a very emotional process.

1. Be prepared. If you are know you will be getting a divorce, spend time gathering information such as financial documents, titles, tax returns, and other information which proves what your assets are and their value. Once you start this process, you might even find assets which you did not know about.

Continue reading "7 Tips for a Better Divorce" »

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Posted In: Divorce

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Did the “seven year” itch just shrink to three years?

Here comes a study that questions the proverbial “seven year” itch. According to a recent study, the honeymoon in the marriage may be over in only three years. Researchers analyzed a national sample of 9,637 households. They concluded that “typically when marriages end in divorce, half end before seven or so years, and half end after.” The suggestion was many who divorce start feeling less happy about their marriage well before the seven year anniversary.

Another study found that marriages seem to last longer for women who marry later in life. All of these studies may point to the conclusion that couples should spend more time getting to know each other and ensure they are truly compatible so they do not end up in a divorce lawyer’s office within three years of the honeymoon.

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Posted In: Family Law News

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Can I keep my child from my ex-spouse who is a “dead-beat” when it comes to paying child support?

The simple answer is no. Visitation and support are two legally independent matters. They are not tied to each other. If one parent does not make child support payments, the other parent can not legally keep the children from that spouse. To do so would risk being held in contempt of court. You do not want to be held in contempt of court as you risk being jailed, or at a minimum, you will probably be required to pay the attorney’s fees of your spouse. If one spouse does not pay child support, you need to contact an attorney to have those legal obligations enforced by the court. You may also get assistance by contacting the Mississippi Department of Human Services, Child Support Division.

More importantly, don’t keep the kids from their other parent. Remember, the children’s welfare is paramount. Even if one parent is a “dead-beat” non-paying spouse, that person is still the parent of your child and the child needs to have a relationship with both parents.

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Posted In: Child Custody & Visitation , Child Support

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Help for Domestic Violence

A recent article speculated that pro-wrestler Chris Benoit “snapped” after his wife demanded a divorce. For those who have not heard, Chris Benoit killed his wife and child before killing himself. Why most of the talk of the ordeal has been on the role steroids may have played, the more important issue is that of domestic violence.

Divorce is a very emotional matter and many times you can not predict how a spouse will react to the prospect of a divorce. If you live in Mississippi and are a victim of domestic violence, you can contact the Mississippi Coalition Against Domestic Violence. Further, the American Bar Association published a Domestic Violence Safety Plan, a joint project of the ABA Tort Trial and Insurance Practice Section and the ABA Commission on Domestic Violence. Download your copy here.

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Posted In: Domestic Violence

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What is required to get divorced in Mississippi?

First, one of the spouses must be a resident of Mississippi for 6 months or more. However, a member of the U.S. Armed Forces stationed in Mississippi and residing within the state with their spouse at the time of the separation will be considered a resident for these purposes. Second, the Complaint for Divorce must be on file for at least 60 days before the divorce can be granted. Finally, you must meet one of the statutorily created methods for divorce in Mississippi. There are essentially three methods.

The first method, and most commonly used, is known as an agreed divorce based upon irreconcilable differences. It is Mississippi’s version of no-fault divorce with a twist. In many states, one spouse may get a divorce based upon irreconcilable differences over the objection of the other spouse. Not in Mississippi. In order to use this method, both spouses must agree to divorce and agree to child custody, child support, and property division. If you and your spouse can agree on these issues, then a Joint Complaint for Divorce can be filed. After the expiration of 60 days and after the parties sign the appropriate documents, the matter may be set before the Chancellor to approve and grant the divorce.

Continue reading "Divorce (Part I)—What does it take to get divorced in Mississippi?" »

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Posted In: Family Law Basics , Grounds for Divorce

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