When a client seeks my counsel about divorce in Mississippi and I ask them why he or she wants a divorce, in several cases, the response is surprisingly consistent: “We argue all the time” or “He or she is mean and rude to me.” During the first conversation I have…
Articles Posted in Divorce
Equal Fault: Recrimination as a Defense Against Fault-Based Divorce
One of the things that I have learned from my experience as a divorce attorney in Mississippi is that divorce is defendable. Some clients that retain my services are still in love with their spouse and genuinely want their marriage to work out and do not want a divorce, and…
Equitable Distribution & Property Division in Mississippi
Along with custody disputes, the division of marital property is often a source of contention for many couples seeking divorce. Depending on the duration of the marriage, the amount of property acquired will fluctuate. But generally, the longer the marriage, the more property or “stuff” is acquired. One of the…
The Two Paths of Divorce in Mississippi
Over the past decade, I have assisted hundreds of people with divorce and divorce-related issues in Mississippi. As we have briefly discussed in previous posts, there are two ways to obtain a divorce in the State of Mississippi: (1) an Irreconcilable Differences Divorce (“ID Divorce”) and (2) a contested or…
Gone with the Wind: Desertion and Divorce in Mississippi
Marriage is a beautiful concept that many people are willing to embrace. But, unfortunately, the struggles of marriage become a concept that some people realize that they cannot, or will not, endure. When marriage gets tough, some spouses initiate their “fight” receptors and seek to endure the struggles while others…
Sipping the Syrup Too Much: Habitual Drunkenness and Divorce in Mississippi
Here in Mississippi, there is nothing like watching a good football game and drinking a cold beer with friends and family. Recreational drinking–and football of course–is a stapled pastime in our country. But for some, the pastime of alcohol consumption can become a serious problem. Just like a drug addiction,…
How High: Marijuana Use as Grounds for Divorce in Mississippi
Habitual and excessive drug use–including excessive marijuana use–is one of twelve grounds for fault-based divorce in Mississippi. Under Mississippi law, “[d]ivorces from the bonds of matrimony may be decreed to the injured party for . . . [h]abitual and excessive use of opium, morphine or other like drug.” MS §…
Reunited and It Feels So Good: The Magic of Un-Divorce in Mississippi
Have you ever thought about un-divorcing or re-marrying your divorced spouse? For many folks, the answer is typically a stern “absolutely not,” but for some, the answer could be an optimistic “maybe” because love is a strange creature that can be rekindled even after divorce. Perhaps the time apart from…
Common Law Marriage in Mississippi
Most people may be familiar with the term “common law marriage.” Common law marriage was recognized in Mississippi up until 1956. To establish a common law marriage, a man and woman would live together, share property, and generally consider themselves husband and wife. The policy regarding common law marriage was…
Mississippi Irreconcilable Differences Divorce
In Mississippi there are two ways to get a divorce: (1) the Irreconcilable Differences (a/k/a “No Fault”) divorce and, (2) a fault-based divorce. An Irreconcilable Differences divorce (Miss. Code. Ann. § 93-5-2) is proper only if both spouses agree to be divorced on this basis. In other words, a divorce…