How adultery could affect your Mississippi divorce
Perry Law Firm Blog
by willcrain
2w ago
Mississippi handles divorces differently than most states in that it requires a showing of fault if the spouses don’t agree to end their marriage. One of the grounds for divorce is adultery. Knowing that your spouse has cheated on you can be emotionally crushing, but if you can prove that a voluntary sexual relationship occurred outside of the marriage, then it can have a tremendous impact on your marriage dissolution. How adultery can affect spousal support You’re not entitled to alimony simply because your spouse cheated on you. However, you’ll have a stronger argument to recover alimony if ..read more
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Interest rates can change your plans about dividing a home in divorce
Perry Law Firm Blog
by willcrain
1M ago
Typically, a couple who owns a home has three options when they decide to divorce: they can sell the home and divide the profit; they can keep the home as co-owners; or one can keep the home, buy out the other’s share and refinance the mortgage solely in their name. This third option is a common choice when there are young children involved, or in other situations in which one spouse doesn’t want to move. Unfortunately, the economic realities of the housing market can sometimes make it unaffordable. Many people going through a divorce are facing this issue today, as housing costs are rising an ..read more
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Relying on your spouse’s excessive drug use to pursue divorce
Perry Law Firm Blog
by willcrain
1M ago
Mississippi has a fault-based divorce system, meaning that there are several ways that you can seek divorce even if your spouse doesn’t agree to it. One of the justifications for seeking divorce is that your spouse engages in excessive drug use. But what constitutes “excessive” in the eyes of the law? Addressing drug use in a Mississippi divorce Before a court will grant your divorce based on your spouse’s drug use, you must show that the drug use is habitual, excessive, and uncontrollable. One-time use or drug use that is infrequent will not successfully support a divorce petition. In other w ..read more
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Five key financial issues in a gray divorce
Perry Law Firm Blog
by willcrain
1M ago
A gray divorce is a marriage dissolution that involves individuals aged 50 and older. These divorces are becoming more common, but that doesn’t make them any easier to navigate. Many individuals in these marriages have built their lives with their spouse, making it hard for them to find a way to separate themselves from what they’ve worked hard to accomplish. While the emotional toll of ending a marriage later in life can be overwhelming, there are other issues that have to be addressed if you want to protect your future. Chief amongst them are the various financial issues that are unique to g ..read more
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How can military families get divorced in Mississippi?
Perry Law Firm Blog
by indraneildeyexela
2M ago
The divorce process is a challenging journey, and when military members are involved, it becomes even more complex. In Mississippi, military divorce has its own set of rules and considerations that couples need to be aware of, but most importantly, military service does not bar divorce. Jurisdiction and grounds for divorce Establishing jurisdiction is the first step in any divorce process. In Mississippi, the court has jurisdiction if one spouse resides in the state or if one spouse is stationed here. Grounds for divorce follow Mississippi law. Division of assets Mississippi adheres to the pri ..read more
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How do I prove habitual cruelty in a divorce?
Perry Law Firm Blog
by willcrain
2M ago
If you are planning a divorce in Mississippi, you may find yourself with some unique challenges. One of the main differences between Mississippi and many other states is that if you and your spouse do not agree to get divorced (a no-fault divorce), you must prove one of 12 fault-based grounds for divorce. One of the most common grounds for divorce is habitual cruel and inhuman treatment. This can be a good default ground if none of the other grounds, such as adultery, bigamy or incest apply to your situation. What is habitual cruel and inhuman treatment? Habitual cruel and inhuman treatment is ..read more
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Drafting a parenting plan in a Mississippi divorce
Perry Law Firm Blog
by willcrain
3M ago
Mississippi couples who are going through a divorce have several issues to address during the divorce process. If the couple has children, child custody is often a primary issue that needs to be addressed. Many family law experts recommend that divorcing parents discuss the issue and draft a parenting agreement that addresses the various aspects of custody. Your parenting agreement should answer the following questions: Living arrangements (physical custody):Which parent’s home will serve as the primary residence for the child? Visitation schedule: When will the non-custodial parent spend time ..read more
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Can you get a divorce if your spouse disagrees?
Perry Law Firm Blog
by willcrain
3M ago
Every state, including Mississippi, has some kind of “no-fault” divorce. This means that as long as both spouses agree that their marriage is irreparable, they tell the court that they have “irreconcilable differences.” This serves as grounds for the divorce. In many states, a spouse doesn’t need the other to agree to a divorce, but that’s not how the law works in Mississippi. Under Mississippi law, both spouses must agree that they have irreconcilable differences. They must then wait 60 days before they can have a hearing for their divorce. So, what happens if you want to end your marriage, b ..read more
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What if my spouse refuses to be served divorce papers?
Perry Law Firm Blog
by willcrain
3M ago
Deciding to divorce is often one of the most difficult decisions to make. Once you are ready to get the process started, you might find the process grinding to a halt because your spouse refuses or evades service of the divorce petition. This is not an uncommon situation and there are remedies the courts have put in place to address it. There are various reasons you may be unable to serve your spouse. Why spouses sometimes refuse service They might be intentionally avoiding service by evading a process server. Many spouses mistakenly believe that if they are never served divorce papers a divor ..read more
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Know the keys to making joint legal custody work
Perry Law Firm Blog
by willcrain
4M ago
Child custody is frequently a topic in dispute during a Mississippi divorce. Since children can be profoundly impacted by the end of the marriage, the court will focus on their needs and how to serve their best interests when making its determinations. One of the fundamental parts of the case is child custody. While many people think of divorce as an extended battle between the spouses, this is not always the case – and it shouldn’t always be the case, particularly when it comes to the children. For parents who can cooperate and focus on the child’s needs, joint legal custody can be beneficial ..read more
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