MS Family Law

How to Adopt in Mississippi

Published on: February 6, 2024 | by Vic Carmody Jr., P.A.

The adoption process in Mississippi involves several steps and legal procedures. It’s important to note that adoption laws and processes can vary, and this blog is a general overview. If you are considering adoption, it’s recommended to consult with an adoption attorney or agency to navigate the specific requirements and procedures that apply to your situation.

Choose the Type of Adoption:

Agency Adoption: In agency adoptions, individuals work with licensed adoption agencies, which facilitate the adoption process.

How Does Annulment Work in Mississippi?

Published on: January 30, 2024 | by Vic Carmody Jr., P.A.

Annulment is a legal process through which a civil court declares that a marriage never existed. However, obtaining an annulment in Mississippi is a very specific and limited process, contrary to the misconception that it is an easier or quicker alternative to divorce. Seeking the assistance of a lawyer is crucial due to the restricted circumstances under which an annulment can be granted. It is important to differentiate this legal process from a religious annulment, which should be pursued through religious authorities and holds no legal weight in the eyes of the state.

Grounds for annulment in Mississippi include:

Incest: Marriage between close relatives, such as parent and child, siblings, first cousins, etc. is considered void, and any children born from an incestuous marriage are considered illegitimate.

Mississippi Chancery Courts: What You Need to Know

Published on: January 23, 2024 | by Vic Carmody Jr., P.A.

When it comes to the legal system in Mississippi, there’s a special type of court that might not be on your radar: the Chancery Courts. These courts play a unique role in handling cases that don’t quite fit the mold of regular law courts. Let’s dive into what makes these courts tick and why they matter.

What Are Chancery Courts?

Think of Chancery Courts as the “fairness courts.” They deal with situations where following strict laws might not lead to a fair outcome. These courts have been around for a long time, with roots tracing back to England. When Mississippi became a state in 1817, it decided to have Chancery Courts alongside regular law courts to make sure justice was served even in tricky cases.

Mississippi’s Two Types of Divorce

Published on: December 14, 2023 | by Vic Carmody Jr., P.A.

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.

How to Prepare for Divorce

Published on: December 11, 2023 | by Vic Carmody Jr., P.A.

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.

Tips for Coparenting During the Holidays

Published on: November 30, 2023 | by Vic Carmody Jr., P.A.

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.

Navigating Mississippi’s Youth Court System

Published on: November 21, 2023 | by Vic Carmody Jr., P.A.

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.

What is Rehabilitative Alimony?

Published on: November 13, 2023 | by Vic Carmody Jr., P.A.

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.

Current Challenges Facing Same Sex Couples in Mississippi

Published on: November 8, 2023 | by Vic Carmody Jr., P.A.

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.

What is a Guardian Ad Litem (GAL)?

Published on: October 31, 2023 | by Vic Carmody Jr., P.A.

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.