FAQs
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DIVORCE
How long does it take to get a divorce in Mississippi?
This depends on whether the divorce is contested or uncontested. An uncontested divorce on the grounds of irreconcilable differences can be granted by the Court in sixty (60) days if the parties have agreed to the settlement of all matters involving assets, custody, child support, alimony, debts, etc.
A contested divorce on any grounds can take anywhere from thirty (30) days in the event of a default divorce to multiple years, depending on the amount of litigation, contested issues, and other factors.
Do I need a reason to get a divorce in Mississippi?
Yes. Mississippi is one of only a few states which you must have a cause for divorce, unless the two parties can otherwise agree to get a divorce.
What are the grounds for divorce in Mississippi?
Mississippi has twelve (12) grounds (reasons) for divorce:
- Desertion – must be at least one year and without consent, just cause, excuse, or intention to return.
- Natural impotency.
- Insanity without the prior knowledge of the spouse at the time of the marriage
- Idiocy without the prior knowledge of the spouse at the time of the marriage.
- Wife’s pregnancy by another person at the time of the marriage without the knowledge of the Husband.
- Adultery.
- Confinement by the Mississippi Department of Corrections.
- Incurable insanity which developed after the marriage.
- Habitual drunkenness or habitual drug use. This ground requires evidence that the offending spouse is habitual alcoholic or drug user and also that the behavior has had a negative impact on the marriage.
- Habitual cruel and inhuman treatment, including spousal abuse. This is when the conduct by the guilty spouse is such that it endangers life, limb, health, or creates a reasonable apprehension of danger. This also applies to conduct of an unnatural or infamous nature which makes the marital relationship revolting to the innocent spouse. You must be able to prove that the spouse conducted this behavior over a period of time, was physical in nature (beatings), or had an adverse physical effect on him or her (entering therapy, counseling, a decline in physical health, etc.)
- Incest.
- Bigamy. Only the innocent spouse (the spouse not married to another at the time of the marriage) can use this as grounds for divorce.
How is our property going to be divided in a divorce?
The standard for the division of property in Mississippi is equitable distribution. Equitable does not necessarily mean equal.
What happens to the home in a divorce?
For most families, this is the largest asset in a divorce. There are multiple approaches to this in Mississippi divorce cases. One party can keep the home and refinance the home into their name only, and pay the party that moves their “equity” in the home. The amount of equity a person receives from a home can vary widely. In other cases, the party that keeps the home and refinances it may give the spouse moving out other marital assets to “buy out” their equity. If the parties cannot agree and both want to keep the home for themselves, the Court may order the home sold and each to be paid out of the proceeds.
What are other assets to consider during a divorce?
Other assets that may be divided or awarded to one party over another during a divorce include cars, furniture, ATVs, guns, retirement accounts, pensions, investment accounts, brokerage accounts, and any bank account.
What are other assets to consider during a divorce?
Other assets that may be divided or awarded to one party over another during a divorce include cars, furniture, ATVs, guns, retirement accounts, pensions, investment accounts, brokerage accounts, and any bank account.
Can I get alimony in my divorce in Mississippi?
Both men and women have been awarded alimony from their spouse, although not every divorce will result in alimony payments. There are multiple factors to consider when and if the Court awards alimony. There are also multiple types of alimony. Some types of alimony will be paid out in one lump sum while others may be paid over a number of years or until the spouse receiving the money dies or remarries.
Child Custody
How is child custody decided in Mississippi? Who will get custody of our child?
This decision is made by the Chancery Court, unless you and your spouse or significant other reach an agreement. For determining custody, the court uses the Albright Factors to determine what “is in the best interests of the child.” These factors are not evenly weighted, and the facts to support each factor vary greatly from one case to the next.
- The child’s age, health, and sex
- Continuing care of the child prior to separation
- Parenting skills
- Stability of the home environment
- Emotional ties of the parent and the child
- Home, school, and community environment of the child
- Moral fitness
- Capacity to provide child care and employment responsibilities of each parent
- Child’s preference (only after the child reaches the age of 12, and is only a factor)
- Physical and mental health of the parents
Other things which a court may consider are the separation of siblings, extended family living in the area, and the interference with parental rights
What types of custody are there in Mississippi?
Mississippi has two (2) types of custody: physical and legal custody. Physical custody is the period of time during which a child resides with one of the parents. Legal custody is the decision-making rights related to a child’s health, education, and welfare.
What is joint custody in Mississippi?
Joint physical custody means that a child spends significant periods of time living with each parent. Joint legal custody is when the parents share the decision-making rights regarding the child’s health, education, and welfare.
How does joint physical custody effect child support in Mississippi?
Almost always, with rare exceptions, someone will have to pay child support. Even in joint custody situations, someone may be ordered to pay child support, but it may be at a lesser amount than it would be if someone had sole physical custody.
What is sole custody in Mississippi?
Sole physical custody means that one parent has the child for the majority of the time and the other parent has visitation. Sole legal custody means that one parent unilaterally makes the decisions regarding the child’s health, education, and welfare.
Are mothers always going to get custody?
This may have been the case the majority of the time many years ago, but Mississippi Law does not support a mother, as opposed to a father, is always the best caregiver for a child, by default.
When my child turns twelve (12) years old, can he or she choose where to live?
This is a common misconception, although it is considered a factor when initially determining custody of a child, it is not the only factor. If this is after the final order regarding custody of the child, there must also be a showing of a material change in circumstances to the detriment of the child since the last court order. Many Mississippians think once a child turns twelve, they can choose where to live, but that is simply not the law.
If I was not awarded physical custody, can I modify the Court Order?
Maybe. In order to modify child custody, the party that files must prove three (3) things:
- That a material change in circumstances has occurred in the custodial home;
- That the material change in the custodial home is adversely affecting the child;
- That changing custody is in the best interests of the child.
Child Support
How much is child support in Mississippi?
Mississippi Code Annotated §43-19-101 spells out the child support guidelines. As a rough guideline:
1 Child = 14% of the Adjusted Gross Income of the parent without sole physical custody
2 Children = 20% of the Adjusted Gross Income of the parent without sole physical custody
3 Children = 22% of the Adjusted Gross Income of the parent without sole physical custody
4 Children = 24% of the Adjusted Gross Income of the parent without sole physical custody
5+ Children = 26% of the Adjusted Gross Income of the parent without sole physical custody
There are certain instances when this may differ, including when the support paying parent’s adjusted gross income is more than $100,000.00 or less than $10,000.00, but this is at the discretion of the Court.
Can I refuse visitation if child support has not been paid?
If you have a current court order which spells out visitation, no. You need to adhere to the order, even if the other party is not. If this is the case, it is a good idea to consult a lawyer.
Refusing visitation to the other party could prevent you from obtaining the child support due to having “unclean hands,” a legal doctrine in Mississippi. Withholding visitation may also result in you being held in contempt of court for failing to follow the order of the Court. The withholding of visitation may also be used as a reason for modifying the current custody arrangement, if the legal threshold can be met.
Guardian ad Litem
What is a Guardian ad Litem?
Guardian ad Litem is an attorney which the court appoints to represent the best interests of the child in a divorce or custody dispute. These attorneys also investigate allegations of abuse and neglect if those issues are raised by either party during their case. The Guardian ad Litem must have received the training annually approved by the Mississippi Bar.
Who pays for the Guardian ad Litem?
These attorneys are either paid by the county (in very rare, specific situations and if that county has a county Guardian ad Litem) or paid by the parties. Which party, or if both parties pay the Guardian ad Litem is determined by the Court.
Grandparents Rights
Do grandparents have rights to visit their grandchildren?
There is no statutory “right” to visitation with grandchildren in Mississippi. There are certain situations in which a grandparent can petition the court for visitation and the court may grant the visitation to the grandparents. To gain grandparent visitation, the grandparent must show that the grandparent had a viable relationship with the child and the parent/custodian of the child unreasonably denied visitation with the grandparent and that visitation rights of the grandparent would be in the best interests of the child.
There are multiple factors that the Court considers when deciding whether to award grandparents’ visitation, these factors range from the age of the child, health of the grandparents, distance between the homes, and the amount of disruption the visitation may cause to the other activities and life of the child.
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