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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, Child Custody and Family Law for Mississippi on
Q: My husband just told the kids he wants a divorce and he’s leaving. How can I get a temporary custody order

They live with me and my husband full time

James L. Arrasmith
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answered on Oct 23, 2025

When a spouse announces a split, the fastest way to protect your children’s routine is a temporary custody order from the Chancery Court; until a judge rules, both parents hold equal custody rights. In Brandon that means filing in the Rankin County Chancery Court. Move quickly so the current... View More

1 Answer | Asked in Divorce, Civil Litigation, Appeals / Appellate Law and Family Law for Mississippi on
Q: How can I challenge a fraudulent divorce ruling in Mississippi?

I'm looking for legal assistance in Mississippi to challenge a divorce ruling due to fraud. Over a decade ago, my ex-wife, her attorney, and a group I refer to as the "goon squad," including Brett McCaplin, committed fraudulent acts during the divorce proceedings. I never signed the... View More

James L. Arrasmith
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answered on Oct 22, 2025

Challenging a divorce ruling after so many years can be difficult, but not impossible if you can prove fraud. In Mississippi, courts allow you to file a motion to set aside a judgment if it was obtained through fraud, misrepresentation, or misconduct. Usually, this must be done within six months,... View More

1 Answer | Asked in Divorce, Family Law and Appeals / Appellate Law for Mississippi on
Q: Ex-wife didn't disclose 401(k); am I entitled to 50%?

My ex-wife did not disclose her 401(k) during our divorce proceedings. We did not have a prenuptial or postnuptial agreement. Although a court has already issued a divorce decree, the 401(k) was not considered in the division of our marital assets. Am I entitled to claim 50 percent of it?

James L. Arrasmith
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answered on Oct 13, 2025

If your ex-wife failed to disclose her 401(k) during the divorce, you may still have a legal right to claim your share of it. Retirement accounts accumulated during the marriage are typically considered **marital property**, which means both spouses are entitled to an equitable portion. Courts take... View More

1 Answer | Asked in Divorce and Family Law for Mississippi on
Q: Cost of no-fault divorce with one child in Mississippi

I would like to know how much a no-fault divorce might cost if both parties are in agreement, we have one minor child living at home, and I plan to file for the divorce on my own without hiring a lawyer.

James L. Arrasmith
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answered on Sep 30, 2025

In Mississippi, the main cost of a no-fault divorce when both spouses agree is the court filing fee. This fee varies by county but usually ranges between $75 and $150. If you file on your own, that fee may be your only required expense, though there could be small additional charges for serving... View More

1 Answer | Asked in Divorce, Immigration Law and Family Law for Mississippi on
Q: How can I use a spouse's immigration lie in divorce proceedings?

I am involved in a divorce proceeding where my spouse, who lied to immigration 20 years ago about their travel history to the US, is trying to take everything in the divorce. As a disabled spouse, I'm considering informing immigration about this lie. How can I use this information effectively... View More

James L. Arrasmith
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answered on Jul 28, 2025

What you’ve been through sounds incredibly difficult, and it’s understandable that you want to make sure the truth comes out in your divorce. If your spouse lied to immigration about their travel history, that could potentially have legal consequences, but how it affects your divorce depends on... View More

1 Answer | Asked in Divorce and Family Law for Mississippi on
Q: Can I file for divorce in Mississippi after relocating to Connecticut for two months?

I've lived in Mississippi for five years, and recently relocated to Connecticut two months ago. Due to my short residency in Connecticut, I am considering filing for divorce in Mississippi. Can I proceed with filing for divorce in Mississippi under these circumstances?

James L. Arrasmith
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answered on Jul 10, 2025

Yes, you may still be able to file for divorce in Mississippi, even after relocating to Connecticut, depending on how recently you changed your legal residence. Mississippi law requires that at least one spouse has been a resident of the state for at least six months prior to filing. Since you... View More

1 Answer | Asked in Divorce, Civil Litigation and Family Law for Mississippi on
Q: How do I request access to sealed divorce records in Mississippi's chancery court?

I would like to know how to request access to my records in a chancery court in Mississippi, which were sealed when my former partner filed for divorce 3 years ago. The divorce was finalized at the end of 2022, and the entire process lasted less than 4 months. To my knowledge, I am not currently... View More

James L. Arrasmith
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answered on Jul 6, 2025

You have the right to request access to your own divorce records, even if they were sealed by the Mississippi chancery court. Although sealed records are generally restricted to protect privacy, the parties involved in the case—like yourself—can usually petition the court to review or obtain... View More

1 Answer | Asked in Divorce and Family Law for Mississippi on
Q: How to file for divorce when spouse is missing, and check if they filed for divorce elsewhere.

I am currently living in Jamaica and wish to file for divorce from my husband, who left over 10 years ago and has not communicated since. We were married in Mississippi, and I have our marriage certificate. I don't have any contact information for him, as he stopped using his email. How can I... View More

James L. Arrasmith
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answered on Jul 5, 2025

You must confirm the proper jurisdiction by determining the county in Mississippi where your marriage was registered and where you or your spouse last resided. You will gather a certified copy of your marriage certificate and proof of your spouse’s last known residence. You will engage a... View More

1 Answer | Asked in Divorce, Child Custody, Domestic Violence and Family Law for Mississippi on
Q: How is child custody determined in a divorce involving abuse and young children?

I am planning to divorce my abusive husband, and we have five children aged 6, 5, 3, 1, and 8 months. I am concerned about how child custody will be determined in this situation. What factors will influence custody decisions, and what steps should I take to ensure the safety and well-being of my... View More

James L. Arrasmith
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answered on Jul 5, 2025

When abuse is involved in a divorce, the court’s primary concern is always the safety and best interests of the children. Judges examine the nature, frequency, and severity of the abuse, whether it was directed at you, the children, or both. They also consider each parent’s mental and physical... View More

1 Answer | Asked in Divorce, Family Law and Gov & Administrative Law for Mississippi on
Q: How can I revert to my maiden name in Mississippi after a divorce 20 years ago?

I was divorced almost 20 years ago, and my divorce decree does not mention reverting to my maiden name. I want to change my name back to my maiden name on my bank account, social security, and all other accounts where it's used. I am not aware of any specific court procedures for a name change... View More

James L. Arrasmith
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answered on Jul 5, 2025

You can still legally revert to your maiden name in Mississippi even if your divorce decree didn’t include that provision. Since it’s been 20 years, and your decree doesn’t address the name change, you’ll need to file a separate petition for a name change in the chancery court in the county... View More

1 Answer | Asked in Criminal Law, Divorce and Family Law for Mississippi on
Q: Do I need a lawyer to file adultery charges in Mississippi?

Do I need a lawyer to file charges for adultery directly against my husband in Mississippi? I have evidence of his adultery, and I am seeking to have this on his record and potentially jailed. I'm currently unable to pursue divorce proceedings due to my pregnancy. There hasn't been any... View More

James L. Arrasmith
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answered on Jun 11, 2025

You’re going through a painful and emotional time, and it’s understandable to want some form of justice when trust has been broken so deeply. In Mississippi, adultery is technically still listed as a criminal offense, but it is almost never prosecuted today. Law enforcement and district... View More

1 Answer | Asked in Divorce, Domestic Violence and Family Law for Mississippi on
Q: My husband is using my identity and has denied me financial medical and more he has ruined my life my reputation my prov

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

James L. Arrasmith
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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

1 Answer | Asked in Divorce and Family Law for Mississippi on
Q: Can divorce papers be voided due to incorrect name?

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?

James L. Arrasmith
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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

1 Answer | Asked in Divorce, Estate Planning and Family Law for Mississippi on
Q: How to protect 401(k) retirement from ex-spouse after 20 years of marriage?

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

James L. Arrasmith
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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

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.

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