Mississippi Divorce Lawyers

Methods of divorce handled by Mississippi divorce lawyer

The least stressful and least costly method of obtaining a divorce is due to “irreconcilable differences.” This is also called as the “No fault” method. In this category, both the partners accede to the divorce. There is a written agreement between them regarding the division of the debts and property and maintenance and custody of their children less than 21 years of age. When a Complaint for Divorce is filed, the court might grant a divorce due to irreconcilable differences after a 60 day waiting period.

The second least stressful and least costly method is “irreconcilable differences with contested issues.” In this type, both partners accede to divorce but there is no consensus regarding property division, debts, maintenance and custody of minor children. So, regarding these issues, the court takes the final decision.

Reasons of fault

The most stressful and most expensive method of divorce is that one partner accuses the other of a fault acceptable as per the laws of the state. Such a case can extend for a considerable amount of time. There are 12 grounds for a fault divorce as follows –

• Incurable insanity
• The parties being in relation to each other within the degrees of kindred where marital relation is not permitted by law
• If the wife becomes pregnant due to another person during the marriage and the husband has no knowledge of the pregnancy
• Getting married to some other person during the pretended marriage between the 2 partners
• Idiocy or insanity at the time of marriage and lack of knowledge of the accusing party of such ill-health
• Natural impotency
• Excessive use or habit of morphine, opium or similar drug
• Habitual drunkenness
• Desertion for 1 year
• If one of the partner is sent to any penitentiary in the absence of pardon
• Adultery
• Habitual inhuman and cruel treatment

Commonly, it is observed that partners file a Complaint of divorce on a fault ground and further compromise and settle on the reason of irreconcilable differences.

Child custody management by Mississippi divorce lawyer

As per the law of this state, child custody is of 2 types –

• Legal custody – the authority, responsibilities and decision making rights pertaining to the welfare, education and health of the child
• Physical custody – the right to have the child under the care of or living with one of the parents

As per the best interests of the child, the court allocates the custody of the child in one of the following ways –

• Legal and physical custody to either parent
• Physical custody to either parent and legal custody to both parents jointly
• Legal custody to either parent and physical custody to both parents jointly
• Legal and physical custody to both parents jointly

Joint physical custody indicates that the parents should share the custody in such a manner that the child is assured of continuous and frequent contact with either parents. Joint legal custody means that the parents share information regarding the welfare, education and health of the minor child.

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