January 24, 2010

Divorce going to heat up after billboards placed by scorned lover

Billboard photos could cause problems in divorce

Hell hath no fury like a woman scorned. Usually that statement is in the context of a wife scorned by her husband. However, over the last week, billboards appeared in New York, San Francisco, Atlanta, and other cities showing a romantic photograph of the co-president of Oracle, Charles E. Phillips, Jr., with a woman. The woman was not his wife, but his ex-mistress. Mr. Phillips came out on Thursday to say the woman on the billboards, YaVaughnie Wilkins, was his mistress of 8 1/2 years, who he has since ended a relationship with.

The first thought is Mrs. Phillips spent some money to embarrass and get back at her husband. Well, in this case, the scorned lover was the ex-mistress, according to the New York Times, who paid to have the billboards placed in an attempt to embarrass Mr. Phillips and no doubt cause him problems with his current divorce proceedings. Seems Mr. Phillips has another girlfriend and Ms. Wilkins was not happy about being sent packing. Ouch.

I think the divorce settlement discussions just heated up with Mr. and Mrs. Phillips.

Reported by: Robert Kisselburgh, Mississippi Divorce Lawyer

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Posted In: Divorce , Grounds for Divorce , Legal News

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January 21, 2010

Mississippi House rejects bill to add gambling to divorce grounds

Mississippi House says no to adding gambling as grounds for divorce

By an overwhelming vote of 74 to 40, the Mississippi House of Representatives killed a bill that would have added compulsive gambling as the 13th fault based ground for divorce in Mississippi.

Reported by Robert Kisselburgh, Jackson Mississippi Divorce Attorney

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Posted In: Divorce , Grounds for Divorce , Mississippi Family Law Update

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March 15, 2009

Mississippi couple's divorce set aside--back to square one

Mississippi divorce set aside for couple representing themselves

iStock_000001579207XSmall.jpgA Hinds County, Mississippi couple, each representing themselves, had their divorce set aside by the Mississippi Court of Appeals last week. When the wife originally filed for divorce, she sought a fault-based divorce on grounds of adultery and habitual cruel and inhuman treatment. At trial, the Court denied the wife's fault-based grounds, but gave the parties an opportunity to agree to the divorce. The parties agreed to an irreconcilable divorce by filing a consent for divorce. The Chancellor then divided the marital property. The husband, upset with the division of property, appealed the case.

On appeal, the Mississippi Court of Appeals said the Chancellor erred when she granted the divorce based on irreconcilable differences. The reason was the parties failed to seek to properly withdraw the fault-based grounds for divorce. Under Mississippi law, if the divorce is originally filed as a contested divorce, the parties are required to seek leave of court, and the court must approve, the withdraw of their contest or denial of the fault-based grounds before a divorce can be granted on irreconcilable differences. The parties failed to do so. So the case was reversed and the parties have to start all over.

This case highlights the problem of representing yourself in divorce proceedings. While the parties thought they could probably "save some money" by representing themselves, they are now back to square one AND still married.

If you or a loved one is contemplating a divorce, you need to consult an experienced Mississippi divorce attorney. Contact us online or call the Kisselburgh Law Firm at 601-936-4040 to set up a consultation.

Posted by Robert Kisselburgh | | Email This Post

Posted In: Divorce , Family Law Basics , Family Law News , Grounds for Divorce , Marriage , Mississippi Family Law Update , Preparing for Divorce

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May 13, 2008

Mississippi case highlights conduct during separation

Adultery during separation provided grounds for divorce

In a recent case out of Jackson County, Mississippi, the Court of Appeals upheld a chancellor's decision to grant a divorce based on adultery even though the husband and the alleged paramour denied the affair. The case illustrates three points.

The first is that you don't need direct evidence of adultery. Rather, in Mississippi, you must prove by clear and convincing evidence that the person had "an adulterous inclination coupled with an opportunity to consummate the inclination." The adulterous inclination "may be proven by showing either an infatuation with a particular person or a general adulterous propensity."

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Posted In: Divorce , Grounds for Divorce , Mississippi Family Law Update

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July 26, 2007

Divorce (Part IV)—Adultery

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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July 24, 2007

Divorce (Part III)—Desertion for One Year

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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July 22, 2007

Divorce (Part II)—Habitual, Cruel and Inhuman Treatment in Mississippi

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.

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Posted In: Family Law Basics , Grounds for Divorce

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July 10, 2007

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

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?" »

Posted by Robert Kisselburgh | | Email This Post

Posted In: Family Law Basics , Grounds for Divorce

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