Divorce
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Divorce is a life-changing event because divorce affects everyone in the family and divorce can leave lasting scars for all involved with the family. Even the contemplation and discussion of divorce can create tremendous stress and anxiety throughout the family center. Although divorce can also be a time of liberation from troubles, divorce should be approached carefully so you can discuss matters fully without leaving any topic unturned. Even though the divorce process is usually not a pleasant experience, it is possible for the couple to maintain a good disposition and end the relationship amicably.
How long will it take?
A no-fault divorce will be heard no sooner than 60 days after filing the petition. A fault divorce will be heard no sooner than 30 days after the defendant is served with process. The more information you have, the clearer the process will be.
BELOW ARE SOME ANSWERS TO FREQUENTLY ASKED QUESTIONS:
What are the grounds for divorce?
- No fault: Irreconcilable differences. A divorce grounded on irreconcilable differences will be granted if both husband and wife file jointly for divorce and agree on child custody and/or property division.
- Fault based. Either party can petition the court for divorce for the following reasons:
- adultery
- impotence
- alcoholism and/or drug addiction
- confinement for permanent insanity for at least 3 years
- wife pregnant by another at the time of marriage
How do I obtain custody of my child?
Either one of the separated parents may petition a court in for custody of a child. If the parties cannot agree about who should have custody, the court will grant custody either solely to one of the parents or joint custody to both of the parents. The standard for granting custody is the "best interest of the child."
Can fathers obtain custody?
In general, fathers can gain custody of their children. The law in most jurisdictions no longer favors one parent over the other. The parent seeking custody must meet the same criteria: what is in the best interests of the child.
Can a child have input into a custody decision?
Courts will sometimes listen to the wishes of older children. Courts rarely take into account the wishes of very young children. Children who are 12 years or older may advise the court of whom he or she wishes to live.
What is supervised visitation?
Supervised visitation means that the non-custodial parent may not spend time alone with the child. It usually also means that the non-custodial parent may visit the child at a particular time and in a particular place.
What happens if the non-custodial parent refuses to return the child to the parent with custody?
In general, if a child is under twelve years of age, it is unlawful to keep that child for more than 48 hours, or remove the child from the state for more than 48 hours, after the lawful custodian has demanded the child's return.
Are visitation rights contingent on the payment of child support?
No. Visitation rights may not be denied to the non-custodial parent, even though the non-custodial parent is not paying child support.
How do I exercise my visitation rights, if the custodial parent is denying me access to my child?
You may seek a court order defining your visitation rights. Violation of this court order will result in the custodial parent being held in contempt of court.
How is child support determined?
Child support will be based on each parent's ability to pay a just and equitable amount. A parent may be required to provide health insurance coverage for the child, if available at reasonable cost.
How is the property divided?
Mississippi is a "title" state. Each spouse retains his or her property for which they have title. However, Mississippi has adopted the ) "equitable division" system of property division.
The factors for the equitable division of marital property are:
- A spouse's substantial contribution to the accumulation of property
- The degree to which a spouse has previously expended or disposed of any marital property
- The market and emotional value of the property in question
- The value of any non-marital or separate property
- The tax consequences of the division of property
- The extent to which property division may eliminate the need for alimony or any other future friction between the parties
- The needs of the party considering income, assets, and earning capacity
- Any other equitable factors.
When do grandparents or other i relatives have custody or visitation rights?
Generally, the natural parents will have a presumptive right to custody. Only in cases where the parents are found to be unfit, or there are exceptional circumstances, will third parties be granted custody. At any time after a divorce, grandparents may petition the court for visitation rights.
Where can I find information about missing children?
National Center for Missing and Exploited Children
2101 Wilson Boulevard, Suite 550 Arlington, VA 22201
Phone: 703-235-3900
Hotline: 1-800-843-5678