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Mississippi Divorce Questions & Answers
1 Answer | Asked in Divorce for Mississippi on
Q: If I file for a no-fault divorce, can I later change it to at-fault? What if my spouse files first?
Arthur Calderon
Arthur Calderon answered on May 25, 2020

You can; however, in most cases, a party files with fault based grounds, with ID as an alternative. If you end up coming to an agreement with the other party, then you can agree to proceed as an ID divorce.

1 Answer | Asked in Child Custody, Child Support and Divorce for Mississippi on
Q: What can I do if my husband married another woman while we are still legally married
Christopher Dunnells
Christopher Dunnells answered on May 13, 2020

It depends on what you want to accomplish.

If you want to get divorce, an attempt to get married to another woman would be persuasive evidence in establishing adultery. If you want to get the second marriage set aside, you could petition the chancery court for a declaratory judgment to...
Read more »

1 Answer | Asked in Criminal Law and Divorce for Mississippi on
Q: I need help with divorce and criminal charges
Kevin Stewart
Kevin Stewart answered on May 11, 2020

Please feel free to contact our office to discuss both of these matters.

1 Answer | Asked in Divorce, Estate Planning and Probate for Mississippi on
Q: My ex husband died and the title to his truck is still in my name. Do I have rights?

Ex husband died. Truck title in (his name OR my name). He did not change over the truck title. We divorced 5 yrs ago and he remarried 2 years ago. We have a 20 year old son. Is the truck mine or is my son 50% heir to the truck along with the new spouse? We did have PSA that stated he was given... Read more »

Randall R. Saxton
Randall R. Saxton answered on Apr 21, 2020

Although a divorce decree can reassign the ownership of a vehicle, the decree does not invalidate the title. At a bare minimum, his one half interest in the vehicle is a probate asset. You should schedule a consultation with a local probate attorney.

1 Answer | Asked in Divorce for Mississippi on
Q: Am I responsible for half of a vehicle payment if I am not on the lien or title?
Arthur Calderon
Arthur Calderon answered on Feb 2, 2020

It really depends. Seeing that you have this down as a divorce matter, depending on how the property settlement agreement is structured, you may indeed end up responsible for half of the payment.

1 Answer | Asked in Divorce for Mississippi on
Q: How to list a child born out of wedlock on my divorce papers to state my husband acknowledges that he is not the father?
Arthur Calderon
Arthur Calderon answered on Nov 17, 2019

He will need to sign a stipulation indicating such. It may be a good idea to have a DNA test done and attach the results as an exhibit, if not then have the biological father acknowledge paternity.

1 Answer | Asked in Child Custody and Divorce for Mississippi on
Q: I have temporary custody and my son like to go to michigan during the winter break ... can I take him or I cant go?
Arthur Calderon
Arthur Calderon answered on Nov 17, 2019

It really depends on what the temporary order says. Typically, there are no travel restrictions unless specifically stated in the order.

2 Answers | Asked in Bankruptcy and Divorce for Mississippi on
Q: If in chapter 13 jointly with your wife and you get a divorce can you file chapter 7 legally?
Clark Dray
Clark Dray answered on Sep 26, 2019

You'll need to talk to your attorney (or get one if you don't already have one. In many jurisdictions, but not necessarily MI, the first step would be to bifurcate (split in two) your chapter 13 case. Then you and your wife have separate cases. At that point, your attorney can seek to... Read more »

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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
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
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... Read more »

Arthur Calderon
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
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
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
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
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
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
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
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
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
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.

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