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Mississippi Divorce Questions & Answers
1 Answer | Asked in Divorce, Family Law and Child Custody for Mississippi on
Q: If alcohol monitoring is ordered in temporary hearing and all tests are passed can it be removed in final decree ?

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

T. Augustus Claus
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answered on Feb 1, 2024

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

1 Answer | Asked in Divorce, Immigration Law and Family Law for Mississippi on
Q: If your marriage doesn’t work or compatible after marriage , what is the process for a divorce
James L. Arrasmith
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answered on Jan 29, 2024

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

1 Answer | Asked in Divorce, Family Law and Child Custody for Mississippi on
Q: Can I be charged with kidnapping or any other crime in Pennsylvania for bringing my son home if his home state is MS

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

William R. Wright
William R. Wright
answered on Nov 26, 2023

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

1 Answer | Asked in Child Custody, Divorce, Criminal Law and Family Law for Mississippi on
Q: My wife took our 1 yr old son to PA from MS because I wanted a divorce what would happen if I went and took him back

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

William R. Wright
William R. Wright
answered on Nov 24, 2023

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

1 Answer | Asked in Divorce for Mississippi on
Q: Is Mississippi a Property Title State in Divorce? The spouse who holds title to any property, retains the property?

Whether it is Real Estate, an Automobile, etc. Does the spouse who holds title retain the property in divorce?

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Jan 29, 2023

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.

1 Answer | Asked in Divorce, Family Law, Child Custody and Identity Theft for Mississippi on
Q: If I voluntarily sign my parental right away can I go back and fight for them later on
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on May 18, 2023

No. A termination of parental rights is final and forever.

1 Answer | Asked in Child Support and Divorce for Mississippi on
Q: Is my 20 yr old a minor under MS law in my divorce papers?

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?

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on May 8, 2023

A 20-year old is a minor in Mississippi.

1 Answer | Asked in Divorce for Mississippi on
Q: In the state of Florida is there such a thing as alimony been in a relationship for 40 years not married
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Jan 31, 2023

You will need to redirect your question to an attorney licensed in Florida.

1 Answer | Asked in Divorce, Child Custody, Child Support, Domestic Violence and Immigration Law for Mississippi on
Q: Does my husband have rights if he’s illegalHere during a divorce

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

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Oct 1, 2022

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.

1 Answer | Asked in Divorce for Mississippi on
Q: Does adultery have any persuasion in a divorce in Mississippi

A married female friend was caught having an affair. Does that mean she is entitled to nothing in a divorce?

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Sep 23, 2022

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

2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Mississippi on
Q: What's the appropriate term to us for give up rights other than abandonment
V Julia Luyster
V Julia Luyster
answered on Jul 22, 2022

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.

Julia

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1 Answer | Asked in Divorce for Mississippi on
Q: Can couples choose to not split their 401k in a divorce if both parties are fine keeping their own?
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Mar 10, 2022

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.

1 Answer | Asked in Child Custody and Divorce for Mississippi on
Q: I am trying to domesticate my divorce decree from AL to MS where I currently live. How can I do this?

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

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Feb 15, 2022

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

1 Answer | Asked in Divorce for Mississippi on
Q: Is there a 72 hour divorce in Mississippi?
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Feb 6, 2022

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

1 Answer | Asked in Divorce for Mississippi on
Q: If I change my whole name to something completely different, does it mean I'm no longer married?

I want to change my first middle and last name. I am still legally married to someone I've been separated from for 4 years. When I change my name does it mean I am no longer married?

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Dec 9, 2021

No. You would still be married.

1 Answer | Asked in Divorce for Mississippi on
Q: Can a judge force a couple to get a divorce if neither spouse wants a divorce

There are allegations of child exploitation but no evidence and no charges

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Nov 7, 2021

No

1 Answer | Asked in Divorce, Family Law and Child Support for Mississippi on
Q: If my ex husband is not following the divorce papers and paying his half of my childrens extra expenses what do I do?

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

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Oct 21, 2021

You should retain an attorney and file a petition asking that your ex be found in contempt and requesting any amounts owed to you, including attorney’s fees, filing fees, and service fees.

1 Answer | Asked in Divorce for Mississippi on
Q: Need to know ballpark of the % of income/guide (MS) usually used to determine divorce settlement to know what’s next.

I know there is no standard guide in Mississippi hence the question, but surely there’s an average the court often uses here. Has proposed amt, if is way off I hire Atty if not I don’t need to.

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Sep 17, 2021

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

1 Answer | Asked in Criminal Law, Divorce, Child Custody and Domestic Violence for Mississippi on
Q: My wife and I are split up. She got in a fight with a girl and the next morning she files a police report saying I hit h

Her and put a restraining order on me. And while I was at work her and the police came to my mom's and forced her to give her my kids. Now she won't let me see my kids. What do I do.

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Aug 1, 2021

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.

1 Answer | Asked in Federal Crimes, Criminal Law and Divorce for Mississippi on
Q: I have a friend and he is in jail for a 10000 felony theft of property n a attempt of Court charge how long do you think

Phil Phillips in Mississippi Hernando Jail

Arthur Calderon
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Arthur Calderon
answered on May 30, 2021

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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