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…
Mississippi Family Lawyer Blog
A Way Out: Habitual Cruel and Inhuman Treatment as Grounds for Divorce in Mississippi
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…
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…
Simply a Piece of a Larger Pie: The Weight of Adultery in Child Custody Determinations
If you are involved in a child custody dispute, it is important to be aware of what Mississippi courts look at when making custody determinations. One important question that often surfaces is whether adultery can disqualify a parent from obtaining custody. Adultery is a factor that can play a part…
Shackin’ Up & The Legal Effects of Cohabitation in Mississippi
Cohabitation, or the act of an unmarried couple living together, has become a prevalent social trend over the last 40 years. In fact, today, cohabitation has become a precursor to marriage. Many people decided to “test the waters” before marriage, and cohabitation is probably the most frequent method of doing…
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 §…