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The Truth the Whole Truth and Nothing but the Truth
Posted on Wednesday, December 15, 2010
It happens all the time and I can see it coming from a mile away. There will be an uncomfortable pause in our meeting and a client will say- “There is one thing that I have been meaning to tell you…” At that point, something is revealed that I would have ideally been told in the initial meeting. READ MORE
Don’t Kick the Ant Bed
Posted on Wednesday, December 01, 2010
When I was a kid, I loved to kick ant beds. Admittedly even as a reasonably mature adult, when I cut the yard and spot them around my house, sometimes I still kick. I don’t know why, it serves no real purpose; I know they can bite- but I just do. My clients like to kick ant beds. They do things that piss of their spouse for no good reason. It causes unnecessary hardship for everyone. READ MORE
If I Could Give You a Magic Wand…
Posted on Wednesday, November 24, 2010
One of my favorite questions in an initial meeting with a potential Mississippi family law client is this: “If I could give you a magic wand and you could waive it and make a wish, what would it be?” I get all kinds of interesting answers. Some are realistic, and some are not. READ MORE
Your Kids and the Holidays
Posted on Saturday, November 20, 2010
Next week is Thanksgiving and I can always expect a few calls from clients that are finding it impossible to work with their spouse to figure out a schedule. Whether you are living under a child custody order or not, the best advice I can give someone who does not live with their children’s other parent in Mississippi is to be flexible and make the most of the time that you have. READ MORE
Should I Call My Mississippi Divorce Attorney After Hours?
Posted on Thursday, November 18, 2010
This weekend I got a call from a client at 10:00 a.m. on Saturday morning. He is one of my favorites. While the issue meant the world to him, in the grand scheme of his case, it could have waited until Monday. I helped him with his problem, but I admit that I was probably pretty short with him. For about thirty minutes or longer he was on my mind instead of my wife and daughters who share me with dozens of client during the week. It got me thinking about the mental process (or lack thereof) that went on before he dialed my number, so I thought I would share some thoughts about whether calling your Mississippi divorce attorney after hours is a good idea. READ MORE
The Storm Before the Calm
Posted on Thursday, November 18, 2010
There is a period of time before a court gives divorcing parties rules to follow that I like to call the “Storm before the Calm.” This is that time of delirium that people experience when the reality that their life is about to significantly change comes into focus- albeit usually blurred by cycling emotion. It is usually precipitated by someone moving out, finding out that their spouse is engaged in an affair or any other event of a life altering proportion that affects marriage. This is the period of anarchy when people act really stupid and do and say a lot of damaging stuff. The funny thing is that the rules during this time are actually no different than before. Nevertheless, I often get questions like the following: READ MORE
Adultery
Posted on Friday, October 29, 2010
I was shocked at how common adultery is when I first started practicing law. Adultery does not require proof of sexual intercourse. Adultery can be proven if it is shown that the offending party had the inclination and opportunity to consummate an adulterous relationship. You can use your imagination as to how this can be shown in court. An adulterous inclination may be exposed by either the defendant’s infatuation with a particular person of the opposite sex or a general adulterous nature. Both parts of the test are necessary components. Just because a wife is a flirt and seems to have a promiscuous inclination does not mean that her husband would be entitled to a divorce on the ground of adultery if he cannot prove that she also had the opportunity to establish a physical relationship with someone else. Circumstantial evidence which leads to two or more reasonable explanations of what could have happened is not enough. READ MORE
Habitual Cruel and Inhuman Conduct
Posted on Friday, October 29, 2010
The most commonly pled but most difficult ground for divorce to prove is Cruelty. Habitual cruel and inhuman conduct is a culmination of conduct perpetrated by one spouse against the other over a period of time that makes the marital relationship insufferable to the innocent spouse and which endangers life, limb, health or safety or which creates a reasonable belief that one is in danger, rendering the relationship unsafe for the party seeking relief. One can also prove cruelty by showing the conduct of the offending spouse is so unnatural and infamous that it makes the marriage revolting to the point that it is impossible to discharge the duties of the marriage thus destroying the basis for its continuance. READ MORE
Fault
Posted on Friday, October 29, 2010
The more aggressive way that one can get a divorce is if you or your spouse has a reason. Sometimes I have no choice but to encourage a client to proceed on a contested basis if there are pressing financial circumstances, even if it be an audible such as a request for separate maintenance or partition of real estate, but more on that another time. For a divorce to be granted on a fault basis there must be a hearing in open court. READ MORE
Irreconcilable Differences
Posted on Friday, October 29, 2010
A “no fault” divorce through agreement is called irreconcilable differences. You and your spouse can agree that you want to be divorced and agree to all aspects of your property division and all the intricate details concerning your continued care for your children post-divorce. If you choose this route, there are five basic documents your lawyer will prepare 1) Complaint; 2) Two Financial Statements; 3) Marital Dissolution Agreement and 4) Final Judgment. READ MORE
Marriage is hard, there is no denying it and sometimes couples want to test the waters so-to-speak to see if they want to stay and work on their marriage or if they are ready to begin the divorce process. Couples who are not ready for divorce often opt for a trial separation, i.e. someone moves out of the house, gets an apartment, as if they are taking a so-called break from the marital home and possibly the marital relationship. Some states have laws that allow for couples to have a “legal separation”, however, Mississippi does not. Here the rule is simple: the law favors marriage. You are married until you are divorced or someone is dead. There is no such thing as legally separated in Mississippi, couples cannot go to a court and request that it put a hold on the marriage. This does not mean that you and your spouse cannot agree to a separation, it only means that any such agreement will not be judicially enforced. 
