Experience and Caring Legal Help With Mississippi Divorce
For some people, divorce is worse than death. It's no surprise, then, that many people who find themselves in this situation rely upon the guidance of an experienced Tupelo, Mississippi, divorce and separation lawyer to help them through the process.
With more than 30 years of legal experience to draw upon, as well as personal experience with divorce and child custody matters, I can help you every step of the way. I'm Gene Barton, a Tupelo, MS, divorce and separation lawyer. I work with both men and women, and increasingly I have been working with active duty or retired military families. I often recommend mediation to help my clients resolve divorce disputes more cost effectively.
When you need legal help with a Mississippi divorce, contact my Okolona law office online or call 662-276-0043.
Divorce or Separation
Mississippi does not have "legal separation." However, if one spouse leaves the other without good cause, the remaining spouse may pursue an action for spousal maintenance (alimony).
Filing for Divorce
Today, most divorces in Mississippi are granted due to irreconcilable differences (no fault). However, in order to get a no-fault divorce in Mississippi, both parties must agree to the divorce in writing. Otherwise you must prove that there are grounds for divorce. Grounds for divorce in Mississippi are:
- Natural impotency
- Adultery
- Being sentenced to the penitentiary and not being pardoned before being sent there
- Willful, continued and obstinate desertion for the space of one (1) year
- Habitual drunkenness
- Habitual and excessive use of opium, morphine or other like drug
- Habitual cruel and inhuman treatment (this is difficult to prove)
- Insanity or idiocy at the time of marriage, if the party complaining did not know of such infirmity
- Marriage to some other person at the time of the pretended marriage between the parties
- Pregnancy of the wife by another person at the time of the marriage, if the husband did not know of the pregnancy
- Either party may have a divorce if they be related to each other within the degree of kindred between whom marriage is prohibited by law
- Incurable insanity
We can discuss what each of these grounds means in greater detail at our first consultation. In some cases, a psychological exam or medical evidence may be needed.
Divorce and Property Division
The Ferguson case is a key case in Mississippi family law. It defines marital assets as property accumulated during the marriage and spells out, in detail, how the court looks at the division of marital assets.
Mississippi is not a community property state. The courts will look at what you contributed to the marriage when deciding how to divide marital assets. But that contribution does not always have to be financial. Staying home to take care of children, to manage a home and provide support for a spouse is also a contribution.
When you come see me you need to bring me a list of all marital property and financial assets that are owned by you or your spouse. In particular, you should note which property was accumulated during the course of your marriage. Also bring a list of marital debts. These will also be divided. If this is a military divorce, it will affect the division of retirement benefits.
If you bring these documents to your first meeting with me, it will save time and money because I can begin to work on your case as soon as you retain my services. Please see the Divorce Questionnaire.
Spousal and Child Support
A dependent spouse may need financial help to get back on her or his feet after a divorce. This is the purpose of spousal support (alimony). Spousal support is not automatically granted by the court. The need for support must be proven. If it is granted, it is often temporary. We can discuss your specific situation and the need for support at our first meeting.
Child support is the right of every child. A decision regarding the amount of child support you will pay or receive will accompany a decision on child custody.
Contact Tupelo, MS, Divorce and Separation Attorney Gene Barton
I care about your needs, and I will fight like a bulldog for your interests. For a free initial consultation, contact my Tupelo area family law firm online or call 662-276-0043.
