At Simpson Law Office, PLLC, we can
help with a wide variety of family law matters, such as:
Divorce:
There are two types of divorce in Mississippi.
1) Fault Based: A fault based divorce
requires that one party prove that he or she is entitled to a divorce
because
their spouse has committed one or more of several fault based grounds
for divorce. Common fault
grounds include adultery, desertion for one year or longer, being
sentenced to the penitentiary, habitual
cruel and inhumane treatment, habitual drunkenness, and habitual and
excessive use of opium, morphine
or other like drug. A fault based
divorce requires the defendant be served with a summons and a
copy of the Complaint for Divorce. After service is made, the
defendant has 30 days to respond by
filing
an Answer with the Court. A fault based divorce does not
require the consent of the defendant.
2) Irreconcilable Differences: Also called
a no fault divorce, an irreconcilable differences divorce works
differently than
fault based divorce described above. Here, the parties agree
that they want to be divorced. They may also
agree on child custody, child support, visitation, and the division
of marital property. If they agree on all
of
those issues, their agreement is put into writing, signed by both
sides, and filed with the Court. If the
Judge
finds the agreement to be fair and reasonable, an order will be
entered making the divorce final and binding both
parties to the terms of their agreement. If the parties agree to be
divorced, but cannot agree on or more of the
above issues, it is possible to let the Court decide.
Child Custody:
There are two parts of child custody, legal and physical.
1) Legal Custody: Legal custody is
the right to act on behalf of the child in certain circumstances such
as enrolling the
child in school, or consenting to medical treatment.
2) Physical Custody: Physical custody is
where the child will live the majority of the time.
Custody arrangements can be joint, meaning that both parents share
legal and/or physical custody, or one party may be awarded
primary legal and/or physical custody.
In cases where custody is contested between the parties, the Court
will decide which
parent should have custody based upon the best interests of the
child.
Visitation: Visitation is
usually awarded to the parent that is not awarded primary physical
custody. The typical visitation schedule
provides that the non-custodial parent will have the child on
alternate weekends and holidays, some period of time on special
days
such as the child's birthday or Mother's/Father's Day, and some
period of extended visitation during the summer when
the child is not in school. In some situations, the typical
visitation schedule may not work for a variety of reasons. In
those
situations, the Court will award visitation appropriate to the
circumstances of the case.
Grandparents may sue for visitation rights in certain circumstances
as well.
Child Support: Child support is
money paid by the non-custodial parent to the custodial parent to
cover some of the child's needs.
In most cases, the amount of child support is determined by the Court
based on a percentage of the non-custodial parent's income.
Failure to pay child support
pursuant to a court order is punishable as contempt of court, and can
result in incarceration,
license suspension, adverse credit reporting, and attorney
fees.
IF YOU HAVE ANY QUESTIONS ABOUT A FAMILY LAW MATTER,
CALL US AT (662) 350-3392 FOR A FREE CONSULTATION.