Get free answers to your Divorce legal questions from lawyers in your area.
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 
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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
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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
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
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
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
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
Or have a normal independent life we have 6 kids i filed reports and more but nothing he was 20 when he bought me from my mom for350 dollars was 10 I'm now 34
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answered on Apr 13, 2025
I'm so sorry to hear that you're going through this difficult situation. It's clear that you've been experiencing serious abuse and hardship. If your husband has been using your identity without your permission, this could be a form of identity theft, which is illegal, and you... View More
My wife filed divorce papers using the name Sarah Sellers Walters, which includes my last name, even though she never legally changed her last name to Walters. Her legal documents all list her name as Sarah Mackenzie Sellers. Can the divorce papers be thrown out due to this discrepancy in her name?
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answered on Apr 13, 2025
A discrepancy in your wife's name on the divorce papers, such as using your last name when she never legally changed it, is unlikely to void the divorce itself. Courts generally focus on the substance of the case, and a minor clerical error in a name will usually not invalidate the divorce... View More
I have been married for twenty years and am concerned about protecting my 401(k) retirement payments from my ex-wife. I held the job with the 401(k) before we got married, and she has not contributed to it. There have been no court proceedings specifically addressing my retirement. How can I... View More
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answered on Apr 12, 2025
It's completely understandable to want clarity and protection when it comes to your retirement after such a long marriage. In Mississippi, any part of your 401(k) that was earned or accrued during the marriage is typically considered marital property, even if your spouse didn’t directly... View More
answered on May 18, 2023
No. A termination of parental rights is final and forever.
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?
answered on Jan 31, 2023
You will need to redirect your question to an attorney licensed in Florida.
Whether it is Real Estate, an Automobile, etc. Does the spouse who holds title retain the property in divorce?
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.
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
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.
A married female friend was caught having an affair. Does that mean she is entitled to nothing in a divorce?
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
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.
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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.
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
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
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
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?
There are allegations of child exploitation but no evidence and no charges
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
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.
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