March 21, 2008

Covenant Marriage not yet dead in Mississippi Legislature

Covenant Marriage re-introduced in new Senate amendment

During this legislative session, the idea of a new form of marriage, “covenant marriage,” was introduced. In the “covenant marriage,” the couple agrees to undergo premartial counseling before applying for a marriage license. O.K., not a bad idea so far. But here is the kicker. By entering into a “covenant marriage,” you agree to modify your rights to get divorced.

As currently proposed, if you entered into a covenant marriage and then later chose to divorce, your complaint for divorce must be on file for one year before you can get divorced as opposed to the normal sixty-day waiting period. Further, during this one-year waiting period, you and your spouse are required to attend marriage counseling in an attempt to resurrect your marriage. Again, nothing wrong with marriage counseling as long as both parties believe there is a chance to make their marriage survive. The problem is forcing couples to undergo one-year of marriage counseling before they divorce.

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February 2, 2008

Are Prenuptial Agreements going overboard?

Take out the Trash or else!

As a Mississippi Divorce lawyer, I wish more couples gave serious thought to having a prenuptial agreement, especially when it is not the first marriage for both. Unfortunately, many get caught up in the romance of the relationship and fail to look at the realities of marriage. Well, it seems some folks are giving more thought to their marital expectations and entering into prenuptial agreements with "lifestyle clauses."

According to a fellow blogger, "lifestyle clauses" are popping up in many modern prenuptial agreements. Although properly executed prenuptial agreements are enforceable in Mississippi, I'm not sure our courts are willing to enforce some of these "lifestyle clauses." Here are some examples.

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October 29, 2007

MIssissippi Family Law Blog recognized as one of the Top Family Law Blogs

Mississippi Family Law Blog ranked as a Top Family Law Blog

My blog was recently recognized as one of the Top 30 Family Law Blogs by prenuptialagreements.org, a website dedicated to discussing the benefits of prenuptial agreements. Thanks for the recognition.

If you are planning to get married, take a few moments to look around their website for articles discussing prenuptial agreements. Remember, no one plans to divorce, but it is a reality and everyone should take steps to plan in case of divorce. A prenuptial agreement is a necessary tool in that planning.

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October 20, 2007

Wealthy no happier in marriage than others—just fear financial impact of divorce

Money can’t buy me love

The Beatles were right, at least according to a survey reported in Forbes. According to the article, a survey of those with a net worth of $1,000,000 or more found almost half of the respondents unhappy in their marriage. More surprising was the fact that 61% of the women surveyed and 43% of the men admitted to being unfaithful within the last 3 years. However, even though almost half were unhappy in their marriage, only 30% said they were contemplating divorce. The reason? According to three-quarters of the men, the fear as to how much money they would lose in a divorce. 51% of the women cited the number one reason for not divorcing was “interference with business dealings.”

The most telling aspect of the study was only about 6% of the respondents had a prenuptial agreement. A properly drafted prenuptial agreement may be able to protect your hard-earned assets in a divorce in Mississippi. If you are considering marriage in Mississippi, you should discuss the issue with your future spouse. While some are reluctant to bring up the issue feeling that it indicates they will divorce in the future, the fact is in today’s society, it is more than a possibility. A prenuptial agreement is an insurance policy. None of us plan on tragedy striking our lives, but we all plan for it everyday when we buy insurance. A prenuptial agreement is similar. Discuss the issue with your fiancé and discuss the matter with an experienced attorney.

September 23, 2007

Common Law Marriage in Mississippi

Can you have a common law marriage in Mississippi?

No. Common law marriages were abolished in Mississippi in 1956 with the adoption of Mississippi Code 93-1-15. Further, the legislature has made it illegal for a man and woman to live together in Mississippi if they have sexual relations.

You should be cautioned that Mississippi courts will give recognition to a valid common law marriage entered into in another state. In George v. George, 389 So.2d 1389 (Miss. 1980), a Warren County couple were married and divorced in Mississippi. The man moved to Georgia and the woman subsequently joined him where they lived together for four years, moving from Georgia, Alabama, Louisiana, and finally ending up back home in Mississippi. After separating, the woman filed for divorce in Mississippi. In upholding the divorce and division of property, the Mississippi Supreme Court stated:

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September 14, 2007

Getting married in Mississippi

What is required to get married in Mississippi?

If a couple wants to marry in Mississippi, there are formal requirements. The formal requirements for a valid marriage in Mississippi are:

1. A valid license; and
2. A ceremonial marriage.

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August 4, 2007

Mississippi Name Change--Married or Maiden?

Changing your name in a Mississippi divorce

In Mississippi, you have the right to a name change in a divorce action. If you want to change your name back to your maiden name, let your attorney know so it can be included in the Complaint for Divorce.

When the divorce is granted, the chancellor will sign a final judgment, commonly known as a decree. Although your name is legally changed by the final judgment, you still need to inform certain federal and Mississippi agencies about your change of name. Get some certified copies of the divorce decree and then get ready for some paperwork in order to change your passport, driver’s license, voter registration, and name with the Internal Revenue Service. Don’t forget to change your name with your financial institutions and credit card companies. Here are some helpful links to assist in the process.

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