MS Family Law

Can I Divorce My Pregnant Wife?

Published on: March 16, 2023 | by Vic Carmody Jr., P.A.

Under Mississippi law, a divorce cannot be granted while the wife is pregnant. This is because the state recognizes the importance of preserving the family unit during this time, and believes that the couple should make every effort to work out their differences and preserve their marriage. If a couple decides to proceed with a divorce while the wife is pregnant, they must wait until after the baby is born before they can file for divorce. This means that the couple will be legally married throughout the pregnancy, and will need to make arrangements for the care of their child after the divorce is finalized.

It’s important to note that there are exceptions to this rule. If the pregnancy is the result of infidelity, the husband may be able to file for divorce on the grounds of adultery. However, this can be a difficult case to prove and should be discussed with an experienced divorce attorney. In addition, if the wife’s health is in danger, the court may grant an expedited divorce. This is rare, but it may be possible if the pregnancy is putting the mother’s life at risk.

It’s also worth noting that Mississippi law allows for temporary separations, which can be granted during a pregnancy. This means that the couple can live apart during the pregnancy, but they will still be legally married.

How to Help Your Teenager Cope with Divorce

Published on: February 28, 2023 | by Vic Carmody Jr., P.A.

For teenagers, finding out that their parents are getting a divorce can bring many changes. Many teenagers already feel like everything in their life is out of control, and hearing that your parents are getting a divorce only makes this feeling worse. Each teenager is unique and will navigate a divorce differently. Thankfully, young people are extremely resilient, and with the right support, teenagers can cope with their parents’ divorce and come out the other side stronger.

How Your Teen Might React

Teenagers whose parents are going through a divorce will experience a wide range of emotions and may cope with the stress that divorce causes in many different ways. Sometimes teenagers cope with a divorce by engaging in risky behavior. Your teen might start acting out in an effort to get attention, or this type of rebellious behavior might just be their coping mechanism for dealing with the divorce. Drug use and early sexual activity are much more common among teenagers whose parents are divorced or are going through a divorce. Pay attention to who your teenager is hanging out with and what type of activities they might be participating in. Encourage them to participate in things that are a productive use of their time, and try to spend as much quality time with them as you can.

When Should I Call CPS?

Published on: February 24, 2023 | by Vic Carmody Jr., P.A.

Every state has a social services department that is responsible for investigating child abuse and neglect. In Mississippi and many other states, this agency is called Child Protection Services or Child Protective Services (CPS), but other states might call it the Department of Children and Family Services (DCFS) or something similar. Some groups of people, like teachers and nurses, are mandatory reporters of child abuse and neglect. But anyone can report child abuse and neglect by calling CPS.

It can be hard to know when you should call CPS. Fear of interfering in someone else’s life or making a false accusation makes some people hesitant to call CPS. But think about what is at stake: a child’s physical safety, and maybe even their life. The most important advice is to follow your gut instinct. If you think something should be reported to CPS, it probably should be.

What Types of Things Should Be Reported to CPS?

Modern Methods for Paying and Receiving Child Support

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

Child support is a payment made by the parent who does not have custody to the custodial parent to help cover the expenses of raising a child. Child support is typically ordered by a court, but in some cases, the parents can agree to a child support amount outside of court. There are several different methods for paying child support, discussed in detail below.

Common Ways People Pay and Receive Child Support

Personal check: This is a common method for paying and receiving child support payments, as it allows for easy tracking and documentation of the payments. It is important to note that personal checks can be cancelled or bounce, and it is the responsibility of the custodial parent to ensure that the check clears before spending the funds.

Questions You Should Ask When Talking to a Divorce Attorney

Published on: February 9, 2023 | by Vic Carmody Jr., P.A.

Divorce can be an incredibly difficult and emotional experience. It’s important to have the right support and guidance throughout the process to help you navigate the complexities of the legal system and achieve the best outcome for you and your family. Hiring a divorce attorney is one way to get that support. But, how do you know if a divorce attorney is right for you and what questions should you ask to help you make that decision?

Here are some questions you should consider asking when talking with a divorce attorney or when you are considering hiring one.

#1 – What is your experience with divorce cases?

What Happens to Pets in a Divorce?

Published on: January 24, 2023 | by Vic Carmody Jr., P.A.

Divorce can be a difficult and emotional process for all parties involved, including family pets. In many cases, pets are considered members of the family and the idea of separating from them can be just as painful as separating from a human loved one. However, unlike human family members, pets do not have a voice in the legal process and their well-being is often overlooked.

Pets are Treated Like Personal Property

When a couple gets a divorce, one of the main concerns is determining who will get custody of the children. But because family pets are not humans, they are not treated like children, but are treated like personal property in a divorce. If the couple can come to an agreement about who will keep the pets after the divorce, the court will usually honor this agreement. But if the couple cannot agree, the court will treat the pet just like it was a car, gun, furniture, or any other piece of personal property.

“You Are the Father!” – Establishing Paternity in Mississippi

Published on: November 23, 2022 | by Vic Carmody Jr., P.A.

Paternity means having a legally recognized father. Establishing paternity is very important in family law cases and can be a huge benefit to both the father and the child. For example, establishing paternity can prevent the mother from giving the child up for adoption without the father’s consent, it can help secure financial support for the child in the form of child support, and it can help a father get custody or visitation with his child. Establishing paternity can also ensure that the child receives inheritance or social security benefits from their father. There are several ways to establish paternity, and they are all discussed below. But first, we need to talk about the different types of fathers.

What Makes a Father?

There are different types of fathers under the law. If a child is born to a married couple, the husband at the time of the child’s birth is called the “legal father.” This means that the child is legally recognized as the child of that man in the eyes of the law. This has nothing to do with whether that man is actually the biological father of the child, it only matters that the man was married to the mother of the child at the time of the child’s birth. For example, if a married woman gets pregnant as a result of an affair, her husband is recognized as the father of that child under the law until proven otherwise.

Proving Adultery in a Mississippi Divorce Case

Published on: November 21, 2022 | by Vic Carmody Jr., P.A.

Every divorce is a stressful process, but divorces stemming from adultery might come with the most heartache and pain. Adultery is one of the 12 grounds for fault-based divorce, and one of the biggest causes of divorce in the United States.

How is Adultery Proven?

Mississippi law defines adultery as “voluntary sexual intercourse on the part of either spouse with a person other than his or her own spouse.” Proving adultery can often be difficult. It is extremely rare for one spouse to be caught in the act of committing adultery, and it is unlikely that your spouse will admit to having an affair. Instead, adultery is most often proved by other evidence. This means that to obtain a divorce based on adultery, you must be able to show the court that your spouse had (1) an adulterous inclination (flirtatious manners) and (2) a reasonable opportunity (a private place and time) to act on that adulterous inclination.

How Does Visitation Work After Divorce or Separation?

Published on: November 16, 2022 | by Vic Carmody Jr., P.A.

Visitation is the time a child spends with a parent who does not have custody. Visitation is not a type of custody; it is a separate type of arrangement. If one parent gets sole custody after a separation or divorce, the other parent will have visitation with their child or children.

Parent Visitation

In a best-case scenario, the parents can come to an agreement about a visitation schedule. This agreement should be in writing and agreed to by both parents. The agreement may cover weekday and weekend visitation, summer visitation, and visitation over school breaks like Spring Break and Thanksgiving. It is common for the noncustodial parent to have visitation over the holidays and school breaks. If the parents cannot work together to come to an agreement, the court will enter a visitation order based on what would be in the child’s best interest. This order will be very specific and will explicitly lay out the dates and times that the noncustodial parent will have visitation, where and how they should conduct pickup and drop-off, and who pays the cost of transporting the child.

Property Division in a Mississippi Divorce Case

Published on: November 8, 2022 | by Vic Carmody Jr., P.A.

Division of marital property is often a source of contention for many couples seeking divorce. Depending on how long the marriage lasted, the amount of property belonging to the couple may be small or large. But generally, the longer the marriage, the more property or “stuff” the couple has collected together. Mississippi courts divide property based on “equitable distribution,” which just means that property is divided in a way that is fair to both parties.

What is Equitable Distribution?

Equitable distribution is a method of property division that focuses on fairness. This means that assets are not necessarily divided 50/50, but are divided based on what would be fair to each spouse. It is the judge’s role to decide what would be a fair split of the property based on each spouse’s situation. Equitable does not mean equal, it just means a fair division. There are