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... Read 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... Read 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.
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.
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... Read 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... Read 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... Read 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... Read 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.
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.
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... Read more »
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.
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.
Phil Phillips in Mississippi Hernando Jail
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... Read more »
We have made a divorce settlement that isn’t signed yet. I’m thinking I don’t want to sign it after all. I don’t like the custody arrangement and his lack of paying child support. If I sign it, I know I have to wait until there’s a material change to readjust custody arrangements, but do... Read more »
answered on Dec 24, 2020
Each parent has a legal dury to support their child or children until they reach majority. The notion of waiving child support for better terms under your divorce is never an appropriate exchange. It does happen frequently, but rarely to the advantage of the parent waiving child support. I would... Read more »
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.
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 »
answered on May 11, 2020
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