Posts Tagged ‘How’

How Long Does a Mississippi Divorce Really Take?

Friday, December 1st, 2017

One of the more common questions about divorce in Mississippi is a totally understandable one: how long does it take? Clients are often surprised at how long their cases last, especially when in their minds it is clear that divorce will only benefit everyone involved. The answer to the question of length of a divorce case in this state is often the classic lawyer reply of “it depends.” This is an honest answer, as the length of a divorce can be fast or slow depending on many different things, and a major part of the process is the client’s proper understanding of the fickle nature of time in a divorce case.

As we have talked about elsewhere on our website, there are two ways to get a divorce in the Magnolia State. One is an irreconcilable differences divorce, sometimes referred to as a “no-fault” or “agreed to” divorce. In an irreconcilable differences divorce, much of the timetable for the process is the 60-day waiting period required after the filing of the complaint. After that period, assuming that the parties still agree with the terms of the split, the final judgment need only be signed by a chancellor of competent jurisdiction to be final.

The other way to get divorced in Mississippi is through a lawsuit, which has a much more volatile timeline than an irreconcilable differences divorce. Lawsuits involve filing pleadings, serving process on parties, and getting discovery requests out, and that’s just to get started! After the suit is initiated, it is likely that several court appearances will be needed to properly address the claims. These hearings take place for a number of reasons such as obtaining temporary relief, compelling documents that were properly requested but not produced, or asking for a continuance. Once you combine these hearings with crowded court dockets, the timetable for a divorce can be a total mystery, even to experienced legal professionals.

The process of a lawsuit is unfamiliar territory for many clients. Ideally, every stage of a divorce would occur without incident and on time, and divorces would be faster and easier to obtain than they are. However, much like life and marriage, divorce is a complicated issue with many variables at play. Combining two parties, the lawyers, the court system, the schedules of everyone involved, and possible mishaps during the lawsuit makes a natural cocktail for a wait that seems like forever. In a time where people desire concrete answers to questions, there simply is not one with the amount of time a divorce lawsuit takes.

Almost without exception, divorces are expensive, stressful, and, above all, time-consuming. When you add the client’s desire to get a divorce and be done with the experience, the process becomes even more of these things. Our office believes that clients should know the dedication and time that a divorce may require, so that they do not feel like they are in the middle of the ocean without land in sight. This is of course not the answer that many seek, but we firmly believe that in situations like divorce that honesty is truly the best policy. If you are in need of help through a divorce, please call the Law Office of Matthew S. Poole to schedule a consultation.

Three Common Mistakes When Dealing with the Guardian Ad Litem Assigned to Your Mississippi Child Custody Case

Friday, November 18th, 2016

First of all, it’s important to understand the basic role of a guardian ad litem in a child custody matter (a.k.a. child custody lawsuit).  If a guardian ad litem has been appointed by a Mississippi Chancellor (often referred to as a Chancery Court Judge) to investigate facts that are relevant to your custody case and make a recommendation to the court as to what they believe is in the best interests of a child, there are three common mistakes that people can and will make that can adversely impact the result and report of the guardian ad litem.   It is important to know that guardian ad litem is a latin term for “guardian at law”.  These guardians are generally appointed by the court in order to perform a fact finding expedition and make a recommendation as to the placement of physical and legal custody of a minor child or children.  It is also crucial to note that the court does not have to follow the findings of the guardian ad litem, although deviations from the general recommendations of the guardian are rare and have to be supported by substantial evidence as presented to the court.

The most common mistakes we see in dealing with our client’s involvement with guardians ad litem are as follows; not sufficiently communicating with the guardian ad litem as to the issues that need to be investigated.  For instance, we have clients that have three or four (or sometimes half-a-dozen) issues that they wish to be investigated by the guardian ad litem, but they only communicate those to us—they expect all communication to go through their lawyer (which is not unreasonable, but impractical at best).  It is important that the client take an active role in speaking with the guardian in order to facilitate the investigation and keep costs down, and it is also important that the client be able to shine a light on all of the issues that they believe are relevant to the best interests of the minor child.  It is important to stay abreast of the guardian ad litem’s progress in their investigation and the various things (i.e. factual issues relevant to custody) that they are considering in making in a recommendation to the court.

It is also important, when possible, to communicate with the guardian ad litem in writing so that there will be a substantial, provable record as to the issues that you wish to be investigated.  It is crucial to know that the more issues and the more complex issues that exist, the guardian’s investigation will have to be more extensive and often this will require that you incur additional cost due to that additional work required in performing the investigation.  

Another very common mistake we see clients make is disparaging their spouse or ex to the guardian ad litem.  This is not well-founded, and we always advise against this ill-advised conduct.  Put simply, it does not cast the disparaging parent in a positive light.  If you have criticisms of your ex’s conduct as it relates to what is best for your child or children, then those issues need to be dealt with in a mature, rational way.

It is important though that the thrust of your argument doesn’t consist of disparaging or demeaning or name calling of your ex-spouse or your ex-girlfriend or ex-boyfriend.  The child’s parent deserves respect regardless of the behaviors that you complain of.  But be objective, and make sure your focus is on what is best for your child or children, not winning the moral high ground.   Courts and domestic attorneys are very familiar in dealing with situations where the motive is not the protection of the child or children, but moral vindication—feeling that you “won”.  The long and short of dealing with your custody matter is essentially taking the objective approach; don’t be angry, don’t  be upset, don’t be overly emotional, just lay the bare groundwork  for the issues that you believe are important that the guardian ad litem consider in making in making their custody recommendation to Chancery Court.  Trust their expertise.  

The next common mistake that we see is failing to have a clear educational plan or path for your minor child or children.  You have to be engaged with your minor child in order to demonstrate to the guardian ad litem that you are the parent that is more involved in facilitating that child’s education and will continue to do so in the future.  It is not necessarily important that you have a college plan for a five year old, however it is important to actively monitor your child’s progress and address issues and short- comings where you are able to make a positive impact and help the child improve in their educational  performance.  It is also crucial to consider having a plan in place for children above seventh grade for their ultimate placement in college and potential course of study.  It is not say that you must have their entire future planned out, but addressing your child’s strengths and weaknesses in the classroom bit-by- bit is important, and will show the guardian ad litem demonstrably that you are the parent with the best ability to effectuate your child’s best interest and goals.  Most importantly, it shows that you care.

If you have a question about this article or would like to share your thoughts, please feel free to contact us at The Law Office of Matthew Poole (601) 573-7429 or matthewspoole@gmail.com.  We are best equipped to assess your situation and give you some practical advice on steps you can take to increase your odds on gaining custody of your child or children.