Divorce:

The state of Mississippi has 12 different divorce grounds allowed by state law.

• Adultery

• Natural impotency

• Incarceration

• Desertion / Abandonment (for one year or more)

• Habitual drunkenness

• Habitual drug use

• Habitual cruel and inhuman treatment, including domestic abuse

• Mental illness or intellectual disability without the other spouse’s knowledge

• Bigamy

• Pregnancy by another person at the time of the marriage without the other spouse’s knowledge

• Incest

• Irreconcilable Differences (Mississippi is not a no-fault divorce State)

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Mississippi requires you to be a resident of the state for at least six months before you can file for divorce. Going through a divorce can be an emotional, long process, which is why it is in your best interest to have competent, efficient counsel to advise you and represent you throughout your divorce proceedings.

 

Child Support:

 

Child support obligations are governed by statute and generally based on the custody arrangement, number of children, and income of the parents. Any failure or unwillingness to pay child support may result in a wage withholding order and/or being held in contempt of court. If child support needs to be modified, then the parent seeking that modification, whether it is for a higher child support amount or to lower a child support obligation, will need to file with the Court to do so.

 

Child Custody:

 

Unless agreed to between the parents, the Court will award custody rights. The Court grants custody after careful consideration of the Albright factors, which are:

• Age, health, sex of the child

• Which parent had continuity of care prior to separating

• Parenting skills

• Capacity and willingness to parent

• Employment stability and responsibilities

• Physical health, mental health, and age of the parents

• Emotional ties of the child to the parent(s)

• Moral fitness

• Home, school, and community record of the child

• The child’s preference if he/she is twelve years or older

• Other factors the Court deems relevant to determining custody

 

Child custody, like child support, may be modified by the Court if the parent seeking the modification can first show that a material change in circumstances has taken place in the custodial parent’s home that, second, is adverse to the child.

 

Grandparents can have certain visitation rights and may file with the Court to seek visitation with their grandchild.

 

In Mississippi, all custody determinations are made with the best interests of the child as the paramount concern of the Court.