Navigating the end of a marriage can be emotionally challenging, and the divorce process can seem like an overwhelming maze. Making a single mistake in the divorce proceedings can have long-term financial and personal consequences, especially if children are involved. 

At Gregory D. Keenum, PA, a trusted law firm with over 49 years of experience serving the local community, we understand that being well-informed is the first step towards protecting your future. We are here to help you navigate this difficult time and ensure that you make informed decisions that will benefit you in the long run.

Step 1: Understanding the Grounds for Your Divorce

The basis for your divorce case is the legal justification, or “grounds,” that you provide for the dissolution of your marriage. Mississippi law allows for both no-fault and fault-based divorces, and selecting the appropriate one is essential.

No-Fault Divorce

This is filed on the basis of irreconcilable differences, which essentially means that you and your spouse have agreed that your marriage has broken down and cannot be fixed. To proceed with this basis, you must agree on all aspects of the divorce, including property division, child-related issues, and alimony. 

An uncontested no-fault divorce can often be faster and cheaper. However, it is a common mistake to assume that an agreement is final without having a legally sound settlement in place, potentially leaving valuable assets or rights unresolved.

Fault-Based Divorce

If your spouse is not willing to agree to a divorce, you may need to file for divorce based on specific grounds. These grounds include adultery, habitual cruel and inhuman treatment, abandonment for one year, and other reasons. 

Proving these grounds requires evidence and can greatly impact the court’s decision on alimony and property distribution. Trying to prove these grounds without the help of an experienced attorney may lead to failure to meet the legal burden of proof and result in your case being dismissed.

Step 2: Meeting Residency and Filing Requirements

Before you can file a case, you must ensure that you meet Mississippi’s residency requirements. One of your spouses must be a resident of the state for at least six months before filing. It is costly and time consuming to file before meeting these requirements, as this will lead to immediate dismissal of the case.

The initial document that you file is called a Complaint for Divorce. This should be filed with the chancery court in the county where you or your spouse reside. In the complaint, you should outline your reasons for seeking a divorce and the decisions you are requesting from the court.

Step 3: Navigating Child Custody and Support

When children are involved, the court’s primary concern is their well-being. Mistakes in custody and support arrangements can be difficult and expensive to correct later.

Child Custody

The courts in Mississippi decide custody cases based on what is best for the child. They evaluate factors such as the ability of each parent to provide stability, the emotional and educational needs of the child, and the moral fitness of the parents. Custody can be physical (where the child lives), or legal (the right to make decisions). 

A common mistake is not having a detailed and realistic plan for parenting. A well-crafted plan helps minimize future conflicts by clearly defining visitation schedules and decision-making responsibilities, often with the assistance of an attorney.

Child Support

Mississippi uses specific guidelines to calculate child support, taking into account the income of both parents and other relevant factors. The Mississippi Child Support Guidelines provide a calculator that can be used, but without legal expertise, miscalculations can occur, potentially leading to an unfair support order that may be either too high or too low.

Step 4: The Critical Division of Marital Assets and Debt

Mississippi is a state that promotes an equitable distribution of property and debts. This does not necessarily mean a 50/50 split, but rather the court will decide how to divide property and debt in a way they deem fair. 

One major mistake people make is failing to accurately identify and value all marital assets, such as retirement accounts, pensions and business interests. It is also important to correctly distinguish between marital and non-marital property. Without proper representation, you could unintentionally waive your rights to a fair share of the marital estate.

Let Us Guide You Through This Transition

At Gregory D. Keenum, PA, we have been helping clients navigate through life’s most difficult transitions since 1979. Our founder, Gregory D. Keenum, is dedicated to providing personalized and strategic solutions tailored to each client’s unique situation.

If you are considering divorce, please do not make costly mistakes that could jeopardize your future. Contact our office today to schedule a consultation. Our team of experienced professionals are here to answer your questions, protect your rights and help you find the best possible solution for your situation.