Divorce

Mississippi’s Two Types of Divorce

Published on: December 14, 2023 | by Vic Carmody Jr., P.A.

There are two types of divorce in Mississippi: Irreconcilable Differences divorce (sometimes called “ID divorce” or “uncontested divorce”) and Contested or Fault-Based divorce. The type of divorce you choose largely depends on whether or not you and your spouse can agree to a divorce.

Irreconcilable Differences Divorce

Irreconcilable differences divorce is also sometimes called uncontested divorce. This type of divorce is used where both spouses agree that they want to get a divorce and can agree to all the terms of the divorce. If one spouse does not want a divorce and does not agree to the divorce, ID divorce cannot be used, and the spouse who does want the divorce will have to file for fault-based divorce. What happens if the couple agrees that they both want to get a divorce, but cannot agree on certain terms like child support? In this type of situation, the couple can still file for irreconcilable differences divorce as long as they agree that the court will determine any remaining terms of disagreement.

How to Prepare for Divorce

Published on: December 11, 2023 | by Vic Carmody Jr., P.A.

When a marriage is breaking down and it becomes obvious that divorce may be approaching, it can be scary for everyone involved. However, there are several things that spouses can do to prepare for divorce if they know that they are likely headed in that direction. It is never a bad idea to prepare ahead of time so that the divorce process runs as smoothly as possible.

Basic Divorce Requirements

The first part of starting the divorce process is determining whether you meet the state residency requirement. To file for divorce in Mississippi, you must be a Mississippi resident for at least six months at the time of filing. Most people satisfy this condition easily, but if you have not lived in Mississippi for at least six months, you may need to wait until that six-month period has passed. Residency may be proved in many ways including but not limited to filing for a homestead exemption, registering to vote, purchasing an instate drivers’ license, and so on.

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 Rehabilitative Alimony?

Published on: November 13, 2023 | by Vic Carmody Jr., P.A.

Rehabilitative alimony is a type of financial support that helps one spouse become self-sufficient after a divorce. It acts as a boost to help them get back on their feet and become independent. Unlike typical forms of alimony, rehabilitative alimony is not permanent support. It is only given for a specific amount of time to give one spouse the education, training, or work experience they need to become financially independent.

When Would Someone Need to Ask for Rehabilitative Alimony?

The most common situation where someone might need rehabilitative alimony is if they were a stay-at-home parent during their marriage, and now they need to go back to school or get additional training in order to get a job and support themselves after divorce.

The Role of Mediation in Family Law: Resolving Conflicts Amicably in Mississippi

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

Family disputes can be emotionally and financially draining, often leaving lasting scars on all parties involved. However, an alternative dispute resolution method called mediation offers a valuable opportunity to resolve conflicts amicably, particularly in the realm of family law. In this blog post, we will explore the role of mediation in family law, focusing on the specific mediation laws and practices in Mississippi.

Understanding Mediation in Family Law

Mediation is a voluntary process in which a neutral third party, known as a mediator, facilitates communication and negotiation between disputing parties. The goal of mediation is to assist individuals in reaching mutually acceptable agreements and resolving conflicts without the need for adversarial litigation.

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.

Divorce Based on Incarceration

Published on: April 4, 2023 | by Vic Carmody Jr., P.A.

Divorce is a difficult and emotional process, and when one spouse is incarcerated, it can add an additional layer of complexity to an already challenging situation. In Mississippi, divorce based on incarceration is a possibility, but it requires specific procedures and considerations.

How It Works

In Mississippi, a spouse may file for a divorce based on one or more fault grounds. These fault grounds include things like habitual cruel and inhuman treatment, adultery, habitual drunkenness, or willful desertion for at least one year. In addition to these grounds, a spouse may also file for divorce if their partner has been sentenced to prison for a crime, and they were not pardoned before they were incarcerated.

Can I Divorce My Pregnant Wife?

Published on: March 16, 2023 | by Vic Carmody Jr., P.A.

Under Mississippi law, a divorce cannot be granted while the wife is pregnant. This is because the state recognizes the importance of preserving the family unit during this time, and believes that the couple should make every effort to work out their differences and preserve their marriage. If a couple decides to proceed with a divorce while the wife is pregnant, they must wait until after the baby is born before they can file for divorce. This means that the couple will be legally married throughout the pregnancy, and will need to make arrangements for the care of their child after the divorce is finalized.

It’s important to note that there are exceptions to this rule. If the pregnancy is the result of infidelity, the husband may be able to file for divorce on the grounds of adultery. However, this can be a difficult case to prove and should be discussed with an experienced divorce attorney. In addition, if the wife’s health is in danger, the court may grant an expedited divorce. This is rare, but it may be possible if the pregnancy is putting the mother’s life at risk.

It’s also worth noting that Mississippi law allows for temporary separations, which can be granted during a pregnancy. This means that the couple can live apart during the pregnancy, but they will still be legally married.

How to Help Your Teenager Cope with Divorce

Published on: February 28, 2023 | by Vic Carmody Jr., P.A.

For teenagers, finding out that their parents are getting a divorce can bring many changes. Many teenagers already feel like everything in their life is out of control, and hearing that your parents are getting a divorce only makes this feeling worse. Each teenager is unique and will navigate a divorce differently. Thankfully, young people are extremely resilient, and with the right support, teenagers can cope with their parents’ divorce and come out the other side stronger.

How Your Teen Might React

Teenagers whose parents are going through a divorce will experience a wide range of emotions and may cope with the stress that divorce causes in many different ways. Sometimes teenagers cope with a divorce by engaging in risky behavior. Your teen might start acting out in an effort to get attention, or this type of rebellious behavior might just be their coping mechanism for dealing with the divorce. Drug use and early sexual activity are much more common among teenagers whose parents are divorced or are going through a divorce. Pay attention to who your teenager is hanging out with and what type of activities they might be participating in. Encourage them to participate in things that are a productive use of their time, and try to spend as much quality time with them as you can.

Questions You Should Ask When Talking to a Divorce Attorney

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

Divorce can be an incredibly difficult and emotional experience. It’s important to have the right support and guidance throughout the process to help you navigate the complexities of the legal system and achieve the best outcome for you and your family. Hiring a divorce attorney is one way to get that support. But, how do you know if a divorce attorney is right for you and what questions should you ask to help you make that decision?

Here are some questions you should consider asking when talking with a divorce attorney or when you are considering hiring one.

#1 – What is your experience with divorce cases?