My ex has a more experienced lawyer than I can afford and she brought into the hearing a public intoxication charge. We are granted joint custody with a breathalyzer during my weeks . I’m fine with it and doing great but I’m terrified in mediation or trial he will attempt to keep this order... View More
In Mississippi, the conditions set forth in a temporary hearing, such as alcohol monitoring, can be subject to modification in the final decree. If all alcohol tests during the temporary period are consistently passed and there are no further concerns about alcohol abuse, it's possible to...View More
If you are considering divorce due to incompatibility in your marriage, the process generally begins by filing a petition for divorce with your local court. This petition should state the grounds for divorce, which in many states can simply be "irreconcilable differences" or a similar...View More
If I go get my son back from Pennsylvania where my wife has taken him can I be charged with kidnapping or any other crime from the Pennsylvania side the childs home state is Mississippi also assume there was no physical confrontation between me and my wife I go to Pennsylvania I get my son and I... View More
I am not aware of all of the facts, and since I am not your attorney, I hesitate to give you advice on that question. I will say, hypothetically, that if there is no court order, I don't see how you could be charged with kidnapping. Again, I don't know all of the facts, and I am not your...View More
Mississippi residents I know there's no issue with a parent taking the child out of state without permission if there is no custody order so does that mean I can also bring him home from Pennsylvania since my wife and son are still Mississippi residents and we're still married she refuses... View More
You are correct. Since there is no order in place, either parent may take the child wherever he or she wants. However, it is a bad idea for you to go to Pennsylvania and take the child back to Mississippi against your wife's will. There very well could be a physical confrontation that could...View More
For my 20 yr old full-time college student, I receive child support through the state and estranged husband maintains health insurance for her and 23 yr old son. Do Iist the 20 yr old as a minor as the MS age if majority is 21?
Mississippi is an equitable distribution state. The name on the title does not determine who will ultimately end up with the property. The Court will look at the Ferguson factors to make the determination.
I’ve been in a relationship with my husband for 13 years and have been married to him. I caught him being unfaithful more than 7 times with different women. He isn’t legally here in the USA. His green card expired and he has no passport stamp. I want to get a divorce because of his infidelity... View More
His immigration status should not affect the distribution in the divorce, although you can try to make such a claim. I don’t believe it will get you very far though. Any questions specific to his status should be directed to an immigration attorney.
No, it does not mean that she is entitled to nothing. The court can grant the divorce to the husband on the ground of adultery. The court will then move to apportioning the property, awarding custody, and setting support in accordance with the prevailing case law. That is not to say that the...View More
I do not practice law in Mississippi and this is not legal advise. However, another word for "giving up your rights" is to relinquish your parental rights, to terminate your rights. I hope that whatever situation you are facing that you are well.
Spouses going through a divorce can choose to dispose of their money and property any way this wish in a divorce. The court may step in to make inquiries if their is evidence that an unrepresented party. If being defrauded, but that is rare.
I've been to the circut clerk office twice now. The second time I went back I brought several printed pages stating the MS codes for domesticating foreign judgments and they called me back to say they could not do that, I would have to open up a brand new case in MS. I am needing this done... View More
There is no need to “domesticate” an Alabama marriage license in Mississippi. If the marriage is lawful in Alabama, Mississippi will recognize it. However, the test for filing a custody action in Mississippi has nothing to do with where the marriage took place. The question is where was the...View More
No, there is no such thing as a 72-hour divorce in Mississippi. A no fault, or irreconcilable differences, divorce takes a minimum of 60 days from the date of filing. A fault divorce in which no answer is made after service takes a minimum of 31 days and probably longer in order to file the...View More
My divorce papers state that my ex husband is supposed to have insurance on my children and pay extra expenses for any extra curricular activities or expenses. My daughter has had braces twice and I’ve paid out of pocket neither him nor his insurance has paid anything and my son is taking college... View More
Division of assets in a divorce action in Mississippi is governed by caselaw such as Ferguson v. Ferguson. You will not find an average percentage used to divide assets. The Court takes into account such things as when and how the property was acquired, who maintained the property, how was the...View More
You should have a hearing on the restraining order, and if you can prove that you did not assault her, the order will be lifted. Other than that, I would file for divorce immediately, ask for a temporary hearing, and fight for custody of your children.
It really depends on where he is at in the process. If he has not been indicted and was not already out on a felony bond, then he should be eligible for bond now. It is in your friend's best interest that he contact an experienced criminal defense lawyer so that he can talk about the facts of...View More
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