Mississippi Family Law Blog

Cohabitation prior to marriage has little impact on success of marriage

A recently released study found that living with your fiance prior to marriage has little impact on whether the marriage will last or not. Although previous research claimed couples living together prior to marriage increased their chances for divorce, this study showed a different result.

According to the National Center for Health Statistics, the study was based on data from almost 13,000 men and women. The study found divorce rates for those who move in together after deciding to marry are very similar to couples who never lived together before marriage. However, divorce rates were higher for those who lived together prior to deciding to marry.

Source: New York Times

Information provided by Robert Kisselburgh, Mississippi Divorce Lawyer

Google search reveals Michigan man has 3 different wives

Faye Miller was having some marital problems and went to counseling to avoid a divorce. Her therapist suggested she do some digging on the internet concerning her fears about her husband. He was a podiatrist who she thought "was working a lot of hours and away at medical conferences." It turns out he was away a lot given he had 2 other wives, one in California and one in Canada. Her research turned up that the doctor was married to one woman when he married Faye and then married another woman in Canada after they were married. Well, the battle is on. She has filed for an annulment and also seeks child support for their two children. The husband claims it was just a misunderstanding. You can read more about the case here.

The Kisselburgh Law Firm represents Mississippi residents in divorces. If you or a loved one are contemplating a divorce, call now and schedule an appointment to discuss your legal rights.

Tennessee law firm sued for using e-mails obtained using spyware

A lawsuit was filed against a Tennessee law firm for $2,000,000 dollars for its alleged use of e-mails in a divorce action. According to the article, the lawsuit claims the ex-wife loaded spyware on her then husband's computer and intercepted e-mails. The e-mails eventually were given to the law firm representing the ex-wife in the divorce and once her husband found out, he sued the law firm for violations of federal and state law.

Let me make a point--just because the software is available for sale does not mean its use is legal. Many times software is sold for one purpose--parents keeping track of their children's activities on a computer--and then is used for another, possibly, illegal activity--spying on someone. When spouses are going through a divorce and one spouse uses that software to intercept e-mails sent by the other spouse to third parties, it usually means you may be violating federal law. Federal and state laws govern the interception of electronic communications and you can find yourself in hot water if you use the software in an illegal manner.

See my previous posts, here and here, on the issue and make sure you consult an attorney before you act. Not only can you face both civil and criminal penalties for illegally intercepting electronic communications, but others who use the data gathered can also face penalties.

At the Kisselburgh Law Firm, we have experience representing clients going through a divorce. Call us at 601-936-4040 or contact us online to set up a consultation if you are contemplating a divorce.

Understand a divorce property settlement agreement before you sign it

This week the Mississippi Court of Appeals sided with a Madison County Chancellor who ruled a husband was responsible for paying a balloon payment on the divorced couple's mortgage. The case highlights the importance of being represented by an attorney when divorcing and also making sure you understand the documents you sign.

When the couple divorced, the husband agreed to pay alimony in the amount of the monthly mortgage payments "until such time as the mortgage on the property ... is fully satisfied." To ensure payments, he also agreed to provide a life insurance policy in the amount of $150,000. The tricky part was the mortgage contained a balloon clause. At the end of the mortgage term, a final payment of $142,268.41 payment was due. When it came due, the husband claimed he did not owe it.

A hearing was held and the Chancellor ruled in favor of the wife. The husband appealed. The Mississippi Court of Appeals sided with the chancellor. The question came down to whether the dissolution agreement was ambiguous or not. In Mississippi, as in many other states, a divorce property settlement agreement is a contract between the parties. The Court will look to the document for its intent unless the contract is ambiguous. In this case, the Court found that although one provision was ambiguous, the agreement provided the husband would pay the mortgage until it was "fully satisfied." The mortgage could not be "fully satisfied" unless the final balloon payment was made. Further, by the husband agreeing to provide a life insurance policy for the value of the house, it showed his intent to be obligated for the full amount of the mortgage. As the Court of Appeals stated, "it would be nonsensical for [the husband] to voluntarily obligate himself to obtain life insurance for the full amount due under the mortgage if he were not intending to obligate himself for this amount."

Let me repeat an important lesson. The wife was represented by an attorney who drafted the dissolution agreement, but the husband represented himself in the divorce. Too many times I receive calls from folks who did not have representation at the time of their divorce and are now calling to say there did not realize they were obligated to do certain things. At the Kisselburgh Law Firm, we represent those going through divorces. If you are contemplating a divorce, call us at 601-936-4040 or contact us online to set up a consultation to discuss your rights.

Mississippi divorce set aside for couple representing themselves

A 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.

Economy drives down divorces as well as 401K

During these down economic times, people fear opening the mail to look at their 401K balances which are reaching new lows. But less people should fear finding divorce papers in the mail according to a recent article. It seems the economic downturn is also related to a downturn in divorces. And the cause is not more marital harmony, but less money--some people can't afford to get divorced.

When the two largest assets of a marriage, the home and the 401K, are down to new lows and many people are living in homes where they owe more than it is worth, how does an unhappy couple divide their assets. They don't. Rather, if they divide anything it will be debt. So some of these unhappy couples are deciding to live together as opposed to divorcing. Hopefully, we will not see an increase in domestic violence as unhappy couples live together.

If you find yourself in an unhappy relationship and are contemplating divorce, you need to get advice from an experienced divorce attorney. Call the Kisselburgh Law Firm at 601-936-4040 or contact us online to set up a consultation to discuss your case and the options you have or click here to get your free copy of the Mississippi Divorce Guide.

Home bought prior to marriage becomes marital property

The Mississippi Court of Appeals recently handed down a decision in a Copiah County, Mississippi divorce case. In this case, the husband lived in a home in the Hazlehurst, Mississippi area prior to marrying his wife. After they married, the couple lived in that house before selling it to buy a new home. They used the proceeds from the sale of the home to buy the new home. When the parties divorced, the husband argued the proceeds from the sale of the pre-marital home were not marital property as he owned it prior to marriage and it was purchased with pre-marital funds. The chancellor disagreed holding that the home was marital property given it was used by the family during his marriage. The Court of Appeals agreed.

The Court noted the well-settled rule that "non-marital assets may lose their characterization as such if the party commingles the asset with marital property or uses them for familial benefit." Even though the husband owned the first house prior to his marriage, "the property gained status as a marital assert upon its prolonged use as their family home." This concept is sometimes termed the "family use" doctrine.

The husband's second argument was that the wife did not contribute anything to the house given she stayed at home. Thus, she should not benefit from the increase in value of the home. Again, the Court disagreed. The wife stayed at home as a homemaker, raising the family, and going to school to further her education. All with the encouragement of her husband. As such, her role as homemaker and mother was sufficient to show a contribution to the equity of the home. "Any contributions or efforts by either party in the marriage, 'whether economic, domestic or otherwise, are of equal value."

This case provides a good analysis of the trying to divide property in a divorce, some of which was acquired prior to the parties' marriage. The Kisselburgh Law Firm represents individuals involved in divorces. If you are contemplating a divorce, contact us online or call us at 601-936-4040 to set up a consultation.

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.

Continue reading "Covenant Marriage not yet dead in Mississippi Legislature" »

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.

Continue reading "Are Prenuptial Agreements going overboard?" »

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.

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.

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:

Continue reading "Common Law Marriage 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.

Continue reading "Getting married in Mississippi" »

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.

Continue reading "Mississippi Name Change--Married or Maiden?" »