Archive for October, 2016


Saturday, October 1st, 2016

Mississippi is like no other state in the country in terms of the tremendous religious and moral obligations that spouses feel towards one another.  There are many reasons people get married, including pregnancy, love for one another, and an ultimate desire to have a life partner on whom they can rely.  It is unfortunate that so many kind and well-meaning people enter into marriage expecting the very best and hoping for nothing more than happiness for themselves and their partner, yet a countless number of those same marriages ultimately end in divorce.

I have practiced divorce law for over twelve years after having been admitted to the bar in July of 2004.  One of the most common questions our office receives is whether or not a client can proceed in a no-fault divorce.  Many people refer to no-fault divorces by the term used in the statues, irreconcilable differences.  If a client has children, there are additional concerns that arise when contemplating divorce.  To effectuate the best result for the client, one that is also in the best interest of the minor children, several issues need to be considered.  It is not unusual to see divorces with no children involved result in a no-fault or irreconcilable divorce.  However, it should be noted that when assets become more substantial it becomes less likely that divorce will end upon agreed terms and result in a no-fault or an irreconcilable differences divorce, as previously mentioned.  

Divorce clients seek a relatively simple solution, but often there is no basic formula or equation for acquiring the results they feel are appropriate.  There is no question that emotions play a huge role in the litigation process, particularly when involving a spouse.  Divorce is certainly no exception.  The most common words spoken in my office for over a decade have been “I want” and sometimes “I need.”  

Although they may have a reasonable belief that divorce is the only path forward, a client should recognize that it is always important to remember your marital vows and the meaning and strength of the sanctity of marriage.  

It is true that divorce has often caused financial problems – or has been precipitated by financial reasons.  However there are other reasons that often cause a marriage to dissolve and break apart.  In the state of Mississippi, the code (laws that are set forth by the state legislature) recognizes certain grounds for divorce of which many are familiar.  Some of those grounds include:  adultery; habitual addiction to opium or other like drug (the state court of appeals has recently ruled that marijuana would be considered another like drug for this purpose); desertion of the marital home for more than a year; bigamy; incurable insanity; and habitual cruelty to or abuse of a spouse.  

My very best advice to a potential client or a person seeking a divorce and/or child custody lawyer is to recognize that the best time to call a divorce lawyer or domestic attorney is not right after you have had a fight with your spouse.  Some period of insight and reflection is crucial to your happiness, and that does not involve having an attorney talk you into a divorce based upon your spouse’s bad conduct.  I highly recommend that all potential clients take at least a week as a cooling off period before considering divorce.  Divorce significantly alters a person’s life path.  It should be noted that most psychological studies indicate that two years after divorce, a majority of people report they are not as happy as they were during the marriage, no matter how bad it seemed at the time.  Knowing the difference between no-fault and fault divorce is key for a client to make informed legal decisions and to understand the financial issues that are going to be effected in any divorce.  

If you are looking for an experienced divorce, family, or domestic attorney or an attorney to simply give you advice regarding child custody, alimony and your rights that flow from your marriage, If you are looking for an experienced divorce, family, or domestic attorney or an attorney to simply give you advice regarding child custody, alimony and your rights that flow from your marriage, decisions of your life.