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What to Expet with the Appointment of a Guardian Ad Litem
Posted on Wednesday, March 07, 2012
When I was very young, my parents got divorced. Luckily, I remember very little of the child custody battle that my parents were enthralled in and all the mud-slinging they engaged in, but I definitely remember that I had to talk to a lawyer. The best part is, I cannot begin to tell you what I told that lawyer, all I can remember is that his name was Buz, that I was supposed to tell him the truth, and he was going to look out for my best interest. As a child, I had very little reason to complain, because even though I came from a broken home, my parents still loved, cared, and provided for me; I was certainly never abused and my parents did not throw accusations like that back and forth just to spite each other. I am sure you have all heard it before, in child custody cases, the best interest of the child prevails, but what happens if mom or dad says the other parent abused their child, either physically or sexually? Who makes that determination? READ MORE
Does Mississippi Have Legal Separation?
Posted on Wednesday, February 15, 2012
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. READ MORE
Stuck in the Middle
Posted on Friday, February 10, 2012
It is not unusual for a non-custodial parent to request to modify their child custody arrangement. To do so, the non-custodial parent must prove a material change of circumstances has occurred in the custodial home which adversely affects the child and that modification is in the best interest of the child. This is the traditional modification standard. However, what about parents who share custody of their children i.e. have joint custody? What is the standard? Although the parties must similarly show a material change, the standard for joint custody arrangement also requires that the change makes joint custody “unworkable” or “unmanageable.”See Lackey v. Fuller, 755 So. 2d 1083, 1089 (Miss. 2000). READ MORE
Money Will Not Grow on Trees
Posted on Tuesday, February 07, 2012
Money might not grow on trees, but if it did, you would have an ongoing duty to report any changes in the foliage of your money tree if you were involved in a domestic case where there were any economic or property issues . Anyone who has gone through a divorce in Mississippi probably remembers having to fill out the 8.05 Financial Statement-page after page where you are required to itemize anything pertaining to money- your salary, pensions, insurance, down to what you spend every month on magazine subscriptions and even what you tithe every month to your church. As fun and exciting as it was to fill out the form before, effective July 1, 2012, individuals in domestic cases where money and/or property are involved (i.e. divorces, child custody and support, spousal support, etc…) are now required to disclose ALL assets and liabilities, regardless of whether they are marital or non-marital and are under a DUTY to supplement their prior disclosures if any changes have occurred. READ MORE
'Til Debt Do Us Part
Posted on Thursday, June 16, 2011
I am 26 years old and marriage is all around me. Yes, I am at the age where every week a friend calls screaming in excitement about her engagement. Many of my friends are also obtaining higher degrees from graduate programs, like me as well, and have loan payments looming over them after graduating. So, what happens to this debt after you marry? Are you alone legally bound to pay it, or is your future husband marrying you and your debt? What happens if the marriage ends? Who ends up paying? READ MORE
He Said....She Said
Posted on Wednesday, May 04, 2011
There are twelve different actions or “grounds” a spouse may consider when filing for divorce: adultery, habitual drunkenness, habitual drug use, impotency, just to name a few. (Check out Fault for an entire list). Recently, the Mississippi Supreme Court in Ladner v. Ladner examined a divorce granted on the grounds of “habitual, cruel and inhuman treatment.” Although a common ground for divorce, the Supreme Court found the chancellor had erred in granting the divorce on this basis. READ MORE
Change Is Not Bad
Posted on Friday, April 22, 2011
Some people say change is bad…but in some cases a change, or what may be legally defined as a “material change in circumstances” can be a good thing. Certain changes in your family life can be especially helpful if you looking to modify a custody arrangement. So pay close attention, it may be the change you are looking for. READ MORE
The Curtain Closes
Posted on Thursday, April 21, 2011
My name is Meredith Price, and I am the new law clerk for ROBERTSON + ASSOCIATES, PLLC. As I continue to learn the inner-workings of family law, I hope to share my new knowledge with you as well. Hopefully, this little corner of the web world will provide insight into the current family law issues that are reaching the Mississippi courts, and in turn offer a better perception for reaching a satisfying family life. READ MORE
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It has been a while since I sat down to write a blog article.
