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Mississippi Divorce Questions & Answers
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.

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
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
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
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
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
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
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
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
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 »

1 Answer | Asked in Divorce for Mississippi on
Q: Can my ex be made to get the mortgage of the house she kept out of my name

She has received all monies due her by me. I have been divorced for almost 2 yrs and she refuses to payoff, sell, or refinance the house we owned together while married. I have moved to another state and am wanting to buy a house and this mortgage is on my credit report. If she decides not to pay... Read more »

Arthur Calderon
Arthur Calderon answered on Apr 4, 2018

Since you got divorced a few years ago, as part of the property settlement agreement, there should be a provision that speaks specifically to 1) who keeps the former marital home; and 2) who pays the mortgage on the home. In most property settlement agreements, and with most divorces, each party... Read more »

1 Answer | Asked in Child Custody and Divorce for Mississippi on
Q: I need a divorce lawyer for my brother who is battling for custody of his 2 children. He has $1000 to pay up front
Arthur Calderon
Arthur Calderon answered on Mar 24, 2018

Feel free to contact any attorney listed that does divorces or practices family law.

1 Answer | Asked in Real Estate Law, Divorce and Probate for Mississippi on
Q: How do I get my name off home loan. We devorced he passed away and his son has house.
Arthur Calderon
Arthur Calderon answered on Mar 4, 2018

You likely need to consult an attorney on this one, so that they can get some additional information. The first question that I have is whether the divorce decree stated who got the house, and who was responsible for the mortgage on the property. That naturally leads into the second question, which... Read more »

1 Answer | Asked in Child Custody and Divorce for Mississippi on
Q: My brother is fighting custody can him taking his son to stay the night with a girl hurt his chances and him still marri
Arthur Calderon
Arthur Calderon answered on Mar 4, 2018

Generally, judges do not like it when a parent allows their children to spend the night when there is a member of the opposite sex also staying the night, unless the other person is related by blood or marriage.

1 Answer | Asked in Divorce and Family Law for Mississippi on
Q: My wife ask me to leave our home on Jan 17th 2018. Since then, I have been bouncing around betweeen family and friends.

I asked my wife if I could come back home and stay in the spare bedroom until the divorce is final, but she said no. My question is, can she do that?

Arthur Calderon
Arthur Calderon answered on Mar 1, 2018

Depends on certain things, such as whether the marital property is in both of your names, the circumstances of the separation, etc.

1 Answer | Asked in Divorce and Family Law for Mississippi on
Q: Can my wife keep me out the spare bedroom?

On Jan 17th 2018, the wife ask me to leave the house, since then Ive been staying with friends and family, I am unemployed, and asked her if I can come home and stay in the spare bedroom until we get a divorce. She gives me a "not no, but hell no". isnt this still my house as well?

Arthur Calderon
Arthur Calderon answered on Mar 1, 2018

It depends. Is the deed to the property in both of your names? Assuming so, you may have a legal right to be on the property, absent any other circumstances.

1 Answer | Asked in Family Law and Divorce for Mississippi on
Q: How can I qualify for an annulment?

In Title 93 - DOMESTIC RELATIONS Chapter 7 - ANNULMENT OF MARRIAGE § 93-7-3 - Causes for annulment of marriages it states;

(d)When either of the parties to a marriage is incapable, from want of age or understanding..

Does this mean the cause of an annulment can be that my spouse... Read more »

Arthur Calderon
Arthur Calderon answered on Feb 26, 2018

Not necessarily. It tends to be a bit trickier to get an annulment rather than a divorce. In order to get an annulment, certain criteria have to be met, and those criteria are different than those required to get a divorce. Your best bet would be to contact an attorney to give them a rundown of the... Read more »

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