Child Custody

Does Mississippi Have No-Fault Divorce?

Published on: April 18, 2025 | by Vic Carmody Jr., P.A.

A no-fault divorce is a type of divorce where neither spouse needs to prove that the other person did something wrong. In other words, you don’t have to prove the other spouse was at fault for the marriage breaking down. This contrasts with an at-fault divorce, where you would have to provide evidence of wrongdoing like infidelity, cruelty, or abandonment.

Unfortunately, Mississippi does not have no-fault divorce. In order to get a divorce in Mississippi, one spouse must file based on fault grounds or the parties must file on the ground of irreconcilable differences. Irreconcilable differences divorce in Mississippi is not the same as no-fault divorce, but it is the most similar to a no-fault divorce. With an irreconcilable differences divorce, the spouses agree that their marriage has broken down and cannot be saved, and they can no longer live together as a married couple.

How Does the Process Work?

Understanding the Role of a Guardian ad Litem in Mississippi Family Court

Published on: November 11, 2024 | by Vic Carmody Jr., P.A.

When family matters become contentious, particularly in cases involving child custody, visitation, or termination of parental rights, the courts often seek to ensure the best interests of the children involved. One important tool in the process is the Guardian ad Litem (GAL)—a person appointed by the court to represent and protect the child’s best interests during legal proceedings. In Mississippi, as in other states, a GAL plays a vital role in family law cases to help ensure that children’s needs and voices are heard, even when they cannot advocate for themselves.

What is a Guardian ad Litem?

The term Guardian ad Litem is Latin for “guardian for the lawsuit.” A GAL is typically an attorney, but may also be a social worker or other professional appointed by the court to represent the child’s best interests during a legal process. The GAL is often called “the investigative arm of the court,” meaning that the GAL serves as the Judge’s investigator to look into important issues and determine what will be in the child’s best interest. While the child’s wishes may be considered, the GAL’s primary responsibility is to advocate for what is deemed to be in the child’s best interests, even if that differs from what the child expresses.

Understanding Spousal Testimonial Privilege in Mississippi

Published on: October 28, 2024 | by Vic Carmody Jr., P.A.

When it comes to legal proceedings, the rules surrounding what can and cannot be disclosed often become complex. One important legal concept to understand is spousal testimonial privilege, especially in the context of Mississippi law. This privilege can significantly affect the outcomes of criminal and civil cases, so it’s crucial to grasp its implications.

What is Spousal Testimonial Privilege?

Spousal testimonial privilege is a legal principle that protects the confidentiality of communications between spouses. In essence, it allows one spouse to refuse to testify against the other in a court of law. This privilege is rooted in the idea that marriage should be a safe haven for open and honest communication, free from the fear of legal repercussions.

Successful Co-Parenting During Back-to-School: Essential Tips for a Smooth Transition

Published on: July 16, 2024 | by Vic Carmody Jr., P.A.

As the back-to-school season approaches, parents across the globe are gearing up for a new phase of life that brings with it the hustle and bustle of school schedules, extracurricular activities, and homework assignments. For co-parents, navigating this transition can be both challenging and rewarding. Effective co-parenting during back-to-school requires clear communication, collaboration, and a shared commitment to the well-being of your children. In this blog, we’ll explore essential tips to help co-parents thrive during the back-to-school period and provide a stable and supportive environment for their children.

Open and Honest Communication

The cornerstone of successful co-parenting is open and honest communication. Before the school year begins, sit down with your co-parent to discuss schedules, routines, and expectations. Ensure that both parents are on the same page regarding drop-off and pick-up times, transportation arrangements, and any important dates such as parent-teacher conferences or school events. Keep lines of communication open throughout the year to address any concerns or changes that may arise.

Mississippi Chancery Courts: What You Need to Know

Published on: January 23, 2024 | by Vic Carmody Jr., P.A.

When it comes to the legal system in Mississippi, there’s a special type of court that might not be on your radar: the Chancery Courts. These courts play a unique role in handling cases that don’t quite fit the mold of regular law courts. Let’s dive into what makes these courts tick and why they matter.

What Are Chancery Courts?

Think of Chancery Courts as the “fairness courts.” They deal with situations where following strict laws might not lead to a fair outcome. These courts have been around for a long time, with roots tracing back to England. When Mississippi became a state in 1817, it decided to have Chancery Courts alongside regular law courts to make sure justice was served even in tricky cases.

Tips for Coparenting During the Holidays

Published on: November 30, 2023 | by Vic Carmody Jr., P.A.

The holiday season can be an especially stressful time for nontraditional families and blended families. When partners split up and share custody or visitation of their children, this can mean double the holiday celebrations and splitting time between many different homes. Children who grew up with divorced parents are all too familiar with this situation – two Christmases, two Thanksgivings, double the presents, hours and hours of driving back and forth, and living out of a suitcase for weeks at a time. From a parent’s perspective, the holidays can come with many additional sources of stress – more communication with their ex and coparent, bearing the financial burden of buying gifts without assistance, planning drop off and pick up times, and the additional sadness of coping with the fact that you might not have your own child at home on Christmas morning. Here are our tips for reducing the stress of coparenting during the holidays.

Plan Ahead, but Be Flexible

It can be helpful for co-parents to sit down and put together a plan for how they want things to go. This will obviously be easier if you have a good relationship with your ex, but it can still be attempted even if you do not have a good relationship. If you have a custody order that dictates how holidays should be split up, use that as your starting point for making a plan. Planning ahead will help avoid any last-minute disputes over who gets to see the child. But no matter how much you plan ahead, you’ll still have to be flexible. No plan is perfect, and unexpected things can always happen last minute, but clear communication with your ex can reduce stress and manage expectations.

What is a Guardian Ad Litem (GAL)?

Published on: October 31, 2023 | by Vic Carmody Jr., P.A.

Family law cases can be emotional and complex, especially when children are involved. In such cases, the court may appoint a Guardian ad Litem to represent the interests of the child. A Guardian ad Litem, or GAL for short, is a person who is appointed by the court to advocate for the best interests of a child in a legal proceeding. In this blog, we will explore what a Guardian ad Litem is, their role in family law cases, and how they can impact the outcome of such cases.

What is a Guardian Ad Litem?

A Guardian ad Litem (GAL) is a person appointed by the court to represent the best interests of a child in a legal proceeding. The GAL is typically an attorney, social worker, or other professional who is trained in child development and the legal system. The primary duty of a GAL is to investigate and report back to the court regarding the child’s welfare and make recommendations regarding custody, visitation, and other matters that impact the child’s best interests.

“I Want My Kid Back!” – How to Change Your Child Custody Arrangement

Published on: October 25, 2023 | by Vic Carmody Jr., P.A.

When a child custody arrangement is established, it is meant to provide stability and consistency for the child. However, as time passes, circumstances can change, and what once worked for the family may no longer be working. In those types of cases, it might be a good idea to ask the court to modify the custody arrangement.

In Mississippi, there are specific rules and procedures for child custody modifications. In this blog post, we will discuss the rules for custody modifications, how the process works, and the importance of hiring an experienced family law attorney to handle your custody modification case.

Rules for Custody Modifications in Mississippi

“I Want My Kid Back!” – How to Change Your Child Custody Arrangement

Published on: June 9, 2023 | by Vic Carmody Jr., P.A.

When a child custody arrangement is established, it is meant to provide stability and consistency for the child. However, as time passes, circumstances can change, and what once worked for the family may no longer be working. In those types of cases, it might be a good idea to ask the court to modify the custody arrangement.

In Mississippi, there are specific rules and procedures for child custody modifications. In this blog post, we will discuss the rules for custody modifications, how the process works, and the importance of hiring an experienced family law attorney to handle your custody modification case.

Rules for Custody Modifications in Mississippi

Co-parenting In The Summer Doesn’t Have To Be A Heated Discussion

Published on: May 31, 2023 | by Vic Carmody Jr., P.A.

Tips for Co-parenting During the Summer

Co-parenting can be a challenging task, especially during the summer when children are out of school and schedules may be less structured. However, with a little bit of planning and communication, co-parenting during the summer can be a fun and rewarding experience for everyone involved. Here are some tips to help you successfully co-parent during the summer months.

Plan ahead: Summer is a busy time for everyone, so it’s important to plan ahead as much as possible. Sit down with your co-parent and create a summer schedule that includes vacation time, camp schedules, and any other activities or events that you want to do with your child. Having a clear plan in place will help to minimize confusion and conflict.