Mississippi Divorce Attorney
Lawyer for Property Division, Child Custody, and Spousal Support in
When your marriage is failing, divorce may sometimes be your best option, but it is almost never easy. The stress, emotions, and upheaval of your life are enough to overwhelm anyone before even considering the legal process necessary to finalize the dissolution of your marriage, which can be challenging regardless of how amicable your divorce is.
The best way to minimize stress in your divorce and handle the process with confidence is often to hire an experienced divorce attorney who can guide and advocate for you. At Douglass & Runger, PLLC, Attorneys at Law, we understand how difficult a divorce can be, and we want to make it easier for you by giving you the attention you need and helping you understand the unique elements of divorce in Mississippi.
Types of Divorce in Mississippi
The Mississippi divorce process can look very different depending on the type of divorce you choose to pursue. Typically, it is much easier if you and your spouse are willing to agree to file for a no-fault divorce on the grounds of irreconcilable differences. This allows you to work out all of the details of your divorce agreement cooperatively, including the division of property, child custody, and spousal support, and submit your agreement for the court’s approval. Often, the court will accept the resolution you and your spouse have reached as long as it is fair to both parties. If there are any aspects of the divorce that you are unable to resolve on your own, the court can make those decisions for you.
An attorney can be useful even in a no-fault divorce. We can advise you on divorce resolution terms that protect your interests, make sure you fully understand all of the different elements of the divorce process and represent your position in court for any issues that the court must decide.
An attorney is even more important in a fault-based divorce. In this case, one of the partners must file a petition for divorce based on one or more of the legal grounds in the State of Mississippi, which include:
- Habitual drunkenness or excessive drug use
- Cruel and inhuman treatment, including domestic abuse
- Incurable mental illness
- Natural impotence
- Wife’s pregnancy with another man at the time of the marriage without the husband’s knowledge
In a fault-based divorce where a trial is required, the court will issue a decision on all aspects of the divorce after reviewing the facts, removing control over the outcome from your hands. If you are the spouse filing for a fault-based divorce, your attorney can help you gather the evidence and testimony you need to build a strong case against your spouse. If you are the spouse defending against a fault-based divorce, you need an attorney who can help you contest the claims against you.
Important Decisions in a DeSoto County Divorce
Division of property
A Mississippi divorce requires an equitable distribution of all marital property, which means most properties acquired by either spouse during the marriage including homes, businesses, and bank accounts.
You will also need to determine the type of custody that both parents will have after your divorce. Most divorces involve some form of joint custody regarding both where the children will live and who will be responsible for decisions about their education, health, and well-being.
If the division of property cannot adequately meet both spouse’s financial needs, one spouse may be awarded spousal support in either a lump sum ordered in the full amount regardless of the circumstances, or periodic payments that can be modified, or terminated in the event of either spouse’s death or the receiving spouse’s remarriage.
Children are entitled to financial support from both parents, and after a divorce, one parent usually must make regular child support payments to the other. The amount is generally based on a percentage of the paying parent’s monthly income and the number of children for whom support is ordered, but it may be adjusted on a case-by-case basis.
Contact a Hernando, MS
A skilled divorce attorney may be able to help you reduce conflict in your divorce from the start, and can be especially important if your divorce becomes complicated or contentious. Contact us at 901-388-5805for a free phone consultation. We represent clients throughout DeSoto County and the surrounding areas, including in Hernando, Southaven, Olive Branch, and Horn Lake.