Archive for the ‘True No-Fault Divorce States…Not Mississippi’ Category

True No-Fault Divorce States…Not Mississippi

Tuesday, May 14th, 2019

It is always crucial to have a basic understanding of Mississippi custody and divorce laws before a domestic battle, or even a bare negotiation that impacts your future tremendously. Even though our state presents some unique challenges due to the fact that we are not considered to be, nor should be, a “no-fault” state, the reality is that we have laws that are protective of the sanctity of marriage and are not conducive to an easy divorce. What do I mean? You either have to agree on ALL divorce terms, or litigate by proving grounds until a final resolution is met. This is crucial because certain steps can reduce complexity and help you to save the time, money, and stress that accompany any divorce.

Mississippi differs greatly from our western neighbor, Louisiana. In that particular state, people are permitted a divorce after a sufficient time of being separated (365 days as I recall, but I am not licensed there and this should be noted), and Mississippi is not anywhere close to following that rule of law. As a matter of fact, Mississippi residents, even though not entitled to a divorce after any length of separation, are generally not any worse off than our westerly neighbors unless they have no kids or significant property holdings. Simply put, you either prove grounds for divorce or must agree to all terms……custody, child support, division of all property, insurance, alimony……you get the point.

I cannot state how many people contact me for a “no-fault” divorce without realizing that, although inexpensive, requires total and complete agreement. Frankly, that dynamic can be quite frustrating for any domestic lawyer. My advice to you is to at least make a short list of the things you can agree on prior to separation so that your case can be made more simple, and thus less expensive. At the very least, it will assist your lawyer in forming a solid game plan for successful resolution.

In our state, do not forget that there is not much leeway in negotiating the child support aspect of you case if you are not the primary custodian. If you have 1 child with the spouse, you will pay 14% of gross “adjusted” income, 20% of same for 2 children, and 22% for three, for instance. This begs the question of what the “adjusted” portion means, and that is an excellent question. Without boring you to sleep with a tremendous amount of legal jargon, it will generally consist of post-tax income but adding back to that retirement withholdings and other non-mandatory items that are not required by law. That is about as clear as I can make that point so that non-lawyers have a general idea of what to expect from a custody proceeding.

My advice is as follows: Have the conversation about your post-divorce life plan with your spouse before calling an attorney, particularly when kids are involved. Produce all financial documents to your husband or wife so that there are not accusations of untruthfulness. Consider insurance, college, and future expense thoroughly. And last, but certainly not least, never hold a grudge, it simply prolongs your own pain and expense through one of the toughest times in your life.

Matthew Poole is a Jackson Ms. family lawyer with 16 years of experience.