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

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

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

Couples who are planning to get divorce often have many reasons for separating. In no-fault divorce states, the court does not generally require you to cite a fault-based reason for the divorce in your petition. Citing irreconcilable differences in your petition is sufficient to have your divorce granted in a no-fault state. In Mississippi, you may file for either no-fault or at-fault divorce. If the couple agrees to the divorce based on “irreconcilable differences” and can settle divorce related issues, the divorce will be considered a no-fault divorce. However, if one spouse files suit again ..read more

As time moves on, circumstances may change for your child. This can render what was once a fair, favorable and viable child custody order dangerous to your child’s well-being. Unfortunately, the custody and visitation spelled out in that order isn’t going to change unless you take action to modify it. Simply acting contrary to the existing order could get you in trouble with the judge and work against you in your custody case. When is a good time to seek a custody modification? Under Mississippi law, you have to show that there’s been a material change in circumstances in order to successfully ..read more

Under Mississippi law, a guardian is a person who has legal authority and responsibility for another person, called a ward. The ward may be incapacitated or otherwise unable to make decisions for themselves. This may be because of mental illness, cognitive impairments or other conditions that affect reasoning. A guardianship is intended to protect the ward’s best interests and there is a process you can follow to ask the court to put this in place for your loved one. Guardianship process The first step in the guardianship process is to file a petition in the court where the proposed ward lives ..read more

If you are going through a divorce, you will need to divide your property according to Mississippi law. The court’s goal is to divide the property equitably, but that does not always mean equally. It focuses on what is fair to each party. Divorce process The first step in the divorce process is to file a complaint in the county where either spouse lives. The spouse who files must give the other spouse a copy of the divorce paperwork, but the service does not have to be in person. You or your spouse can do this through a process server. The spouse who is served will have an opportunity to respo ..read more

If you are a parent who pays or receives child support in Mississippi, you may wonder how it affects your credit score. After all, child support can impact on your financial situation, but does it also show up on your credit report? Does child support show up on my credit report? Yes, if you owe child support. According to the Mississippi Department of Human Services, a noncustodial parent who owes back child support will be reported to the credit bureaus. This means that if you fall behind on your payments, it will show up as a negative item on your credit report. Negative items can lower you ..read more

If you are ordered to pay child support in Mississippi, there are guidelines that determine how much you will owe. The guidelines consider the income of both parents, how many children they have and their child custody agreement. Child support When the court reviews the income of both parents, it includes wages, salaries, bonuses and other types of income. The guidelines provide for a basic amount of child support, which can be adjusted based on the child’s needs. These include needs like clothing, food, housing, education and healthcare. If the child has special needs or high medical expenses ..read more

Divorce has become much more common over the years and in many ways no longer holds the stigma that it once did. This has led many states to adopt what is called “no-fault” divorce, which essentially means that you can divorce your spouse without having to provide a reason other than stating that your marriage is irretrievably broken. Mississippi is not one of those states. Although Mississippi does have no-fault divorce, you can only obtain a no-fault divorce when you and your spouse both want the divorce. You must also agree on divorce-related issues, such as custody, alimony and property di ..read more