Articles Posted in MS Family Law

There are two types of divorce in Mississippi: Irreconcilable Differences divorce (sometimes called “ID divorce” or “uncontested divorce”) and Contested or Fault-Based divorce. The type of divorce you choose largely depends on whether or not you and your spouse can agree to a divorce. 

Irreconcilable Differences Divorce

Irreconcilable differences divorce is also sometimes called uncontested divorce. This type of divorce is used where both spouses agree that they want to get a divorce and can agree to all the terms of the divorce. If one spouse does not want a divorce and does not agree to the divorce, ID divorce cannot be used, and the spouse who does want the divorce will have to file for fault-based divorce. What happens if the couple agrees that they both want to get a divorce, but cannot agree on certain terms like child support? In this type of situation, the couple can still file for irreconcilable differences divorce as long as they agree that the court will determine any remaining terms of disagreement. 

When a marriage is breaking down and it becomes obvious that divorce may be approaching, it can be scary for everyone involved. However, there are several things that spouses can do to prepare for divorce if they know that they are likely headed in that direction. It is never a bad idea to prepare ahead of time so that the divorce process runs as smoothly as possible.

Basic Divorce Requirements

The first part of starting the divorce process is determining whether you meet the state residency requirement. To file for divorce in Mississippi, you must be a Mississippi resident for at least six months at the time of filing. Most people satisfy this condition easily, but if you have not lived in Mississippi for at least six months, you may need to wait until that six-month period has passed. Residency may be proved in many ways including but not limited to filing for a homestead exemption, registering to vote, purchasing an instate drivers’ license, and so on. 

The holiday season can be an especially stressful time for nontraditional families and blended families. When partners split up and share custody or visitation of their children, this can mean double the holiday celebrations and splitting time between many different homes. Children who grew up with divorced parents are all too familiar with this situation – two Christmases, two Thanksgivings, double the presents, hours and hours of driving back and forth, and living out of a suitcase for weeks at a time. From a parent’s perspective, the holidays can come with many additional sources of stress – more communication with their ex and coparent, bearing the financial burden of buying gifts without assistance, planning drop off and pick up times, and the additional sadness of coping with the fact that you might not have your own child at home on Christmas morning. Here are our tips for reducing the stress of coparenting during the holidays. 

Plan Ahead, but Be Flexible

It can be helpful for co-parents to sit down and put together a plan for how they want things to go. This will obviously be easier if you have a good relationship with your ex, but it can still be attempted even if you do not have a good relationship. If you have a custody order that dictates how holidays should be split up, use that as your starting point for making a plan. Planning ahead will help avoid any last-minute disputes over who gets to see the child. But no matter how much you plan ahead, you’ll still have to be flexible. No plan is perfect, and unexpected things can always happen last minute, but clear communication with your ex can reduce stress and manage expectations.  

Youth Court is a specialized court system in Mississippi that deals with cases involving children and teenagers. The Youth Court system is made up of judges, prosecutors, defense attorneys, probation officers, and social workers who all work together to provide services to juveniles who have been referred to the court. In Mississippi, there are two types of Youth Court cases: delinquency cases and child protection cases.

Delinquency 

Delinquency cases involve juveniles who have committed a delinquent act or a status offense. Delinquent acts are activities that would be considered a crime if they were committed by an adult. This could include things like theft, burglary, drug offenses, assault, and vandalism. In these cases, the juvenile is accused of breaking the law and is charged with a delinquent act. Status offenses are things that would not be considered a crime if committed by an adult. The most common status offenses are truancy (skipping school), underage drinking, and running away from home, but this also includes things like “disturbing the family peace” and breaking curfew.

Rehabilitative alimony is a type of financial support that helps one spouse become self-sufficient after a divorce. It acts as a boost to help them get back on their feet and become independent. Unlike typical forms of alimony, rehabilitative alimony is not permanent support. It is only given for a specific amount of time to give one spouse the education, training, or work experience they need to become financially independent.

When Would Someone Need to Ask for Rehabilitative Alimony?

The most common situation where someone might need rehabilitative alimony is if they were a stay-at-home parent during their marriage, and now they need to go back to school or get additional training in order to get a job and support themselves after divorce. 

Same-sex sex marriage is a controversial and divisive issue in the United States, and Mississippi is no exception. While same-sex marriage is now fully legal in Mississippi, there are still many challenges facing same-sex couples. 

Discrimination

Same-sex couples in the southern United States often face discrimination and prejudice due to the region’s conservative cultural and religious values. One of the main challenges facing same-sex couples in Mississippi is discrimination in the workplace. Though there are federal protections in place, Mississippi law has not adopted those and in fact, our state laws state it is still legal to fire or refuse to hire someone based on their sexual orientation or gender identity. This of course can make it difficult for LGBTQ+ individuals to find and keep employment. Additionally, many southern businesses and organizations have been known to refuse service to same-sex couples. This discrimination can make it difficult for same-sex couples to find housing, employment, and healthcare, as well as access to other essential services. Furthermore, hate crimes against LGBTQ+ individuals are disproportionately high in the south. These factors can make it hard for same-sex couples to live openly and safely in states like Mississippi. 

Family law cases can be emotional and complex, especially when children are involved. In such cases, the court may appoint a Guardian ad Litem to represent the interests of the child. A Guardian ad Litem, or GAL for short, is a person who is appointed by the court to advocate for the best interests of a child in a legal proceeding. In this blog, we will explore what a Guardian ad Litem is, their role in family law cases, and how they can impact the outcome of such cases.

What is a Guardian Ad Litem?

A Guardian ad Litem (GAL) is a person appointed by the court to represent the best interests of a child in a legal proceeding. The GAL is typically an attorney, social worker, or other professional who is trained in child development and the legal system. The primary duty of a GAL is to investigate and report back to the court regarding the child’s welfare and make recommendations regarding custody, visitation, and other matters that impact the child’s best interests.

Co-parenting with an ex can be extremely stressful, and many parents rely on child support payments to cover the child’s basic daily needs. So what happens when your ex stops paying child support or refuses to make payments? Is there any way to make them pay? Thankfully, there is. These are the steps you should follow if your ex has stopped making child support payments and refuses to pay. 

Get a Child Support Order

If you do not already have a child support order from the court, you’ll need to get one. A child support order is an order from the court, signed by the judge, that requires the non-custodial parent to pay a certain amount of child support each month. 

When a child custody arrangement is established, it is meant to provide stability and consistency for the child. However, as time passes, circumstances can change, and what once worked for the family may no longer be working. In those types of cases, it might be a good idea to ask the court to modify the custody arrangement.

In Mississippi, there are specific rules and procedures for child custody modifications. In this blog post, we will discuss the rules for custody modifications, how the process works, and the importance of hiring an experienced family law attorney to handle your custody modification case.

Rules for Custody Modifications in Mississippi

When a child custody arrangement is established, it is meant to provide stability and consistency for the child. However, as time passes, circumstances can change, and what once worked for the family may no longer be working. In those types of cases, it might be a good idea to ask the court to modify the custody arrangement.

In Mississippi, there are specific rules and procedures for child custody modifications. In this blog post, we will discuss the rules for custody modifications, how the process works, and the importance of hiring an experienced family law attorney to handle your custody modification case.

Rules for Custody Modifications in Mississippi

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