DO YOU NEED A DIVORCE?

Divorce--Mississippi has two types of divorce:  fault based and irreconcilable differences (often referred to as no-fault).   To file an irreconcilable differences divorce, the husband and wife must jointly decide to get a divorce.  Both parties are required to sign the pleadings.  If both parties are not in agreement, the person wishing to get a divorce, must have a reason for getting divorced as set out in the Mississippi Code.


ARE YOU TRYING TO GET CUSTODY OF YOUR CHILDREN?

Child Custody--There are two types of child custody: physical and legal.  Physical custody means with whom the child resides.  Legal custody means who has legal rights to make to decisions on the behalf of the child.  Child custody is awarded after review of a list of factors to determine what is in the best interest of the child. 


ARE YOU PAYING TOO MUCH CHILD SUPPORT?  SHOULD YOUR EX BE PAYING MORE CHILD SUPPORT?

Child Support Modification--Child support awards may be modified, either upwards or downwards, if there has been a substantial and material change in circumstances, after the child support order was entered.  If a court finds that a material change in circumstances has occurred, the Mississippi statutory guidelines apply to determine the appropriate amount of support necessary to meet the child’s reasonable needs.


DOES YOUR ELDERLY MOTHER NEED SOMEONE TO TAKE CARE OF HER AFFAIRS?  

Conservatorships--If a person by reason of advanced age, physical incapacity or mental weakness is incapable of managing his own estate, the chancery court of the county wherein such person resides may, upon the petition of such person or of one or more of his friends or relatives, appoint a conservator to have charge and management of the property of such person, and if the court deems it advisable, also to have charge and custody of the person subject to the direction of the appointing court.


DO YOU HAVE TO GET GUARDIANSHIP OVER YOUR GRANDCHILDREN TO ENROLL THEM IN SCHOOL OR FOR OTHER REASONS?  

Guardianships--Parents can assign guardians for their children.  If a parent is unsuitable to discharge the duties of guardianship, then the court, or chancellor in vacation, may appoint some suitable person, or having appointed the father or mother, may remove him or her if it appears that such person is unsuitable, and appoint a suitable person. Also, an adult guardianship may be established for the mentally incompetent or impaired.

Family Law Info...
family law