A court determining property division and alimony is required to look at certain factors. What are known as the Ferguson factors related to property division include how much each party substantially contributed to accumulating property, the degree to which each spouse has disposed of marital assets, the market value of…
In a recent Mississippi appellate case, a wife filed for divorce on the fault-based grounds of adultery and habitual inhuman treatment. The couple married in 2004 and then separated in 2011. They had no children. The husband owned a bail bonding business, and the wife worked as an admissions registrar.…
We have all heard the term “consenting adults.” Well, Mississippi law requires such consent before a divorce on the ground of irreconcilable differences (also known as a “no-fault” or “agreed divorce”) will be granted. A divorce will not granted simply because he or she no longer desires to be married to…
So you both agree that you want to be divorced and you want to be divorced NOW! If no one is at fault for the divorce, you may wish to file what is known as an irreconcilable differences divorce. Irreconcilable Differences, also known as an “ID” or “no fault” divorce…
Do not “sit” on your right to enforce or collect on a divorce judgment. Let me repeat that: DO NOT wait too long to enforce a divorce judgment or any incorporated alimony, property settlement, or child support judgment. I give this counsel to all prospective clients that contact me asking…
One of the most frequently asked questions I have received in my years of divorce practice is “how much is this divorce going to cost me?” This is a fair question, but a tough one to answer. In Mississippi, divorce is neither easy nor free. While I often find myself…
Adultery is one of the most utilized grounds for divorce. As unfortunate as it may sound, many spouses commit adultery. There are countless psycho-social studies and surveys aimed at figuring out “why” spouses engage in adulterous activity. But, in the divorce context in Mississippi, why a spouse commits adultery is…
When I talk with clients about divorce, I have heard many say “I understand there is no alimony in Mississippi.” Many of these people show up in my office seeking help with a divorce, and unfortunately, they are mistaken because alimony is still alive and well in Mississippi. In this…
I routinely deal with cases involving a spouse who wants a divorce because he or she learned that the other spouse cheated or committed some other type of marital misconduct. Often times, when a client hires me to help with a fault-based divorce, especially where the ground for divorce is…
In terms of divorce defenses under Mississippi law, “antenuptial knowledge” may simply be defined as a complaining-spouse’s (the spouse filing for divorce) pre-marital knowledge of the defendant-spouse’s pre-existing bad habits, condition, or other marital impediment that now is alleged to present a cause for divorce. For a defendant-spouse to rely…