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Mississippi Divorce Questions & Answers

1 Answer | Asked in Child Support and Divorce for Mississippi on

Q: Can I file for a no-fault divorce and ask for sole legal custody of my 2 children?

What are the advantages of a fault divorce?

Arthur Calderon answered on May 6, 2019

You can. As far as the advantages, if the other party does not agree to the ID divorce, then you can put on testimony to establish the fault based grounds.

1 Answer | Asked in Divorce, Family Law and Child Support for Mississippi on

Q: Per Divorce Decree other parent was to pay half of private school tuition and hasn't for 8 years. Can I do anything?

He didn't pay from 2006-2014

Arthur Calderon answered on Apr 13, 2019

Yes, you can initiate a contempt action against the other parent on behalf of the minor child.

1 Answer | Asked in Divorce for Mississippi on

Q: The steps to file for divorce from different states

We live in separate states. Me Mississippi him Georgia. We have 2 kids. I don't want child support or anything just a divorce. We have been separated 7 years and have almost zero contact. I have no number or address for him. Im looking for the steps if I filed without a lawyer and the cost of a... Read more »

Arthur Calderon answered on Mar 25, 2019

Since he lives in Georgia, unless he contests it, it should be relatively straightforward and inexpensive. I would encourage you to reach out to an attorney to further discuss. Most attorneys on here, myself included, provide free consultations to see how we can help out.

1 Answer | Asked in Criminal Law and Divorce for Mississippi on

Q: If my wife's boyfriend showed up at my house what would happen if I shot to injury but didn't kill?

I've made it clear I don't want him at my house while she is moving her stuff out. If I show up and he is there, what would happen if I shot him in the knee or something but didn't kill him?

Arthur Calderon answered on Mar 18, 2019

You may likely be charged with aggravated assault, and look at significant jail time. That being said, your best bet would be to advise in writing that he is not to enter the property. It would also be a good idea to have local law enforcement present.

1 Answer | Asked in Child Support, Divorce and Family Law for Mississippi on

Q: When seeking a modification (increase) of child support, must each parent provide an updated financial disclosure?

And is the financial status or assets of a step-parent relevant in modifications?

Arnab Kumar Banerjee answered on Jan 29, 2019

i dont think you have to provide financial status because in the application form of child support by Mississippi department of human service, i did not find any such financial status information. they ask for your social security number. follow this link to see :... Read more »

1 Answer | Asked in Divorce for Mississippi on

Q: can i get a no fault divorce

wife asked me to leave in september. i took nothing that we acquired together. what are my rights, is there anything that she can force me to do ie. alimony

Arthur Calderon answered on Dec 13, 2018

If she wants to get alimony from you, she will have to sue you for divorce and request it. That being said, you can both file a joint petition for divorce, and agree that everyone can go their separate ways.

1 Answer | Asked in Divorce for Mississippi on

Q: Husband file for divorce, final papers come back next week but we didn't sign final judgment at time?

i actually don't want to sign the final judgment papers, we live in MS so what are my options at this time. I want to try to reconcile if possible with him. Will the divorce be final without me signing the final papers.

Arthur Calderon answered on Nov 4, 2018

If you signed the property settlement agreement, that is akin to a contract, which in turn would be enforceable regardless of the divorce, unless the agreement says that it is contingent on the final divorce. Regardless, they divorce itself may not be final until you either sign off on an agreed... Read more »

1 Answer | Asked in Divorce for Mississippi on

Q: What is the first step to take when when my ex spouse failed to abide by property settlement agreement in final papers?

Part of our property settlement agreement in final divorce papers was for my ex-spouse to pay me $800 a month for 12 months for his share of the marital debt. The first payment was due in June of this year. He has made all payments on time up until this month, and he is now a week late. What is the... Read more »

Arthur Calderon answered on Oct 16, 2018

You should probably send a certified letter, and then if he does not cooperate, talk to an attorney about initiating a contempt action against your ex.

1 Answer | Asked in Divorce for Mississippi on

Q: Is it legal for a married woman to live with another man other than her husband

Arthur Calderon answered on Oct 8, 2018

Is it legal? Yes. Is it advisable? Certainly not, especially if the parties are contemplating a divorce.

1 Answer | Asked in Divorce for Mississippi on

Q: what kind a divorce can i get if wife wont sign divorce papers and we have been separated for 19 years

Arthur Calderon answered on Oct 6, 2018

You can sue her for divorce under a fault-based ground, such as abandonment/desertion of the marriage.

1 Answer | Asked in Divorce, Family Law and Child Custody for Mississippi on

Q: Can my ex get in troble for filing a false contempt?

I live in Mississippi. I have a 3 year old with my ex husband. I got married to my mew husband on June 22 2018. My ex filed for contempt of court on August 14 2018 that i am cohabitating with a live in boyfriend (my husband). Also on the contemp of court papers he put my now married name on them.

Arthur Calderon answered on Sep 14, 2018

You could respond to the complaint, and request reimbursement of attorney fees for him filing a frivolous contempt action.

1 Answer | Asked in Divorce and Child Custody for Mississippi on

Q: Can I Dona no fault with kids under irreconcilable differences?

Arthur Calderon answered on Aug 29, 2018

You can; however, you will need a property settlement agreement dictating how exactly custody, visitation, and child support will work between the two parties.

1 Answer | Asked in Divorce and Family Law for Mississippi on

Q: Can a divorce be annulled or reversed in Ms if it has been more than 1 yr since divorce ?

Arthur Calderon answered on Aug 22, 2018

Yes, but only under a particular set of circumstances, such as where the divorce is null due to a procedural defect, or if both parties have gotten back together and wish to set aside the divorce.

1 Answer | Asked in Divorce for Mississippi on

Q: In my divorce papers it states that my ex wife was to assume all indebtness of the mortgage. But she never refinanced.

I was supposed to sign a quit claim deed. But didnt. Because she refused to refiance and get me off the mortgage. I dont want to be accountable for debt that I havent had for 3 years. She wants to take me back for contempt because she states she cant sell the house until I sign a quitclaim deed.... Read more »

Arthur Calderon answered on Aug 5, 2018

Unfortunately, if you do not quitclaim the house to her, and the order required it, then you are in contempt. Usually, when one assumes all of the indebtedness, that just means that they continue to make the payments on the property. From the looks of it, there should have been a plan in place that... Read more »

1 Answer | Asked in Child Custody, Child Support, Divorce and Domestic Violence for Mississippi on

Q: I need some with getting a divorce

We have 3 kids 18,12,7. I’ve have him on child support but he don’t pay it. How can I get soul custody of my younger daughters. He’s beat and choke me in front my yougers daughters and his mother has beat on me too. He’s let the oldest daughter friend being heroin needles and heroin to... Read more »

Arthur Calderon answered on Jul 8, 2018

Based on the facts as you've told them, you have several grounds for a divorce. Feel free to reach out to any attorney on this forum, as most of us are happy to provide a free consultation to discuss your case, and advise you accordingly.

1 Answer | Asked in Divorce for Mississippi on

Q: I have a question regarding my soon to be ex wife and i... it has to do with the deed to our home

Arthur Calderon answered on Jul 1, 2018

Feel free to reach out to any attorney on this forum, as most of us will offer an a free initial consultation.

1 Answer | Asked in Divorce for Mississippi on

Q: If I have been served with divorce papers, do I have to have an attorney appear in court with me?

I cannot afford an attorney and my spouse is divorcing for adultery. We have 2 year old adopted twins. I do not work.

Arthur Calderon answered on May 16, 2018

Although you do not necessarily need an attorney with you in a divorce action, it is highly advisable, particularly if there are allegations of fault, and even more so if the other party (in this case, your wife) is likely to seek custody and child support.

1 Answer | Asked in Divorce for Mississippi on

Q: Where does the statement that the wife is to take her maiden name back go in a divorce decree?

Arthur Calderon answered on May 4, 2018

Usually it goes at the very end with specific language from the judge directing that wife can resume using her maiden name.

1 Answer | Asked in Family Law and Divorce for Mississippi on

Q: I am married and separated for two years. I have a baby on the way with my boyfriend. Can I get divorced in Mississippi?

We also have a 6 year old son. Who was born in Alabama before we were married.

Arthur Calderon answered on Apr 20, 2018

In Mississippi, you can receive either an irreconcilable difference divorce (where both agree) or one based on cause (desertion, etc.). Assuming that you live in Mississippi, you would be eligible for a divorce in the county in which you live.

1 Answer | Asked in Child Support and Divorce for Mississippi on

Q: Can you ask for/receive child support after a divorce and the papers say "you don't want support or alimony"?

We have been divorced for 2 years and separated for 4 years.

Arthur Calderon answered on Apr 16, 2018

You can, depending on the circumstances. Typically, to change or establish child support, you will need to show that there have been a change in circumstances that warrant modification of the divorce decree to establish child support. Of course, the wording of the divorce decree is also important,... Read more »

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