From cases involving work-related injuries to those involving injuries arising from car accidents, personal injury litigation is a constant staple in our courts today. Generally, the result of these types of legal matters is either (1) an agreed-upon, financial settlement between the parties or (2) a money damages judgment awarded…
Mississippi Family Lawyer Blog
Divorce, Family Law, and Chancery Courts in Mississippi
The vast majority of my law practice involves divorce and family law matters in Mississippi. As a result, a lot of the work I perform goes through the Mississippi chancery courts, rather than state circuit courts. When I tell many of my clients that their case will be heard in…
Conversion of Separate Property to Marital Property: The “Family Use” Doctrine in Mississippi
In most divorces, there is almost always some sort of property dispute–insofar as it relates to classifying marital and separate property for the purpose of property division. Depending on the asset(s) at issue, these disputes can be very complex and taxing on both the courts and parties involved. Over the…
Easier Said than Done: Proving Adultery in Mississippi Divorces
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…
If You Separate, You May Have To Compensate: Separate Maintenance in Mississippi
As a Mississippi divorce and family law attorney, I advise my clients on both legal and non-legal issues on a daily basis. Through my professional experience and my personal interactions with married individuals, I have learned that maintaining a happy and satisfying marriage can be really challenging at times. Often,…
Treatment of Business Interests in Property Division
It may come as a surprise to some, but a divorcing spouse’s financial or ownership interest in a business may be classified as “marital property” by a court when dividing property in a divorce. As an equitable distribution state, Mississippi courts are required to divide marital assets fairly, or “equitably,”…
What’s Yours May Be Not Be “Yours” in a Divorce: Separate Property vs. Marital Property
In the wake of a divorce, it is not uncommon for spouses to start claiming what is “their” individual property. However, simply “claiming” property as your own does not make it so. Property that a divorcing spouse thinks he or she independently owns–even pre-marital property–may very well be “marital” property…
Getting Back on Your Feet: Rehabilitative Alimony in Mississippi
As I explained in an earlier post, alimony is still alive in Mississippi, and it is definitely something a person should consider when contemplating a divorce. Again, when people hear the word “alimony” they typically think of permanent alimony. But, what many people do not know is that Mississippi recognizes…
Alimony is Still Alive in Mississippi
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…
Condoning Marital Misconduct Could Bar Divorce in Mississippi
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…