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Gregory D. Keenum, PA – Booneville’s Trusted Divorce Attorney

Divorce Attorney Booneville Mississippi

Divorce Attorney Booneville Mississippi

Divorce is one of life’s most challenging transitions, and navigating the legal process can be overwhelming. In Mississippi, divorce laws can be complex, and each case presents unique circumstances that require careful consideration. Whether you are pursuing a contested or uncontested divorce, understanding your rights and legal options is essential to protecting your interests. Having an experienced divorce attorney by your side ensures that you receive the guidance and advocacy necessary to achieve the best possible outcome.

Grounds for Divorce in Mississippi

Mississippi law recognizes both fault-based and no-fault divorces. A no-fault divorce is granted on the grounds of irreconcilable differences, meaning both parties agree that the marriage cannot continue. This type of divorce typically proceeds more smoothly and can be finalized more quickly when both spouses are willing to cooperate.

For a fault-based divorce, one spouse must prove that the other engaged in misconduct that caused the marriage to break down. Common grounds for fault-based divorce in Mississippi include adultery, habitual cruel and inhuman treatment, habitual drunkenness or drug use, desertion for at least one year, and incarceration. Establishing fault can impact aspects of the divorce, making legal representation crucial in these cases.

Property Division in Mississippi Divorces

One of the most challenging aspects of divorce is often the division of marital assets. Mississippi follows the principle of “equitable distribution,” which means that assets and debts acquired during the marriage are divided fairly, but not necessarily equally, between spouses. It’s important to understand what constitutes marital and separate property. In general, property acquired during the marriage is considered marital, while assets inherited, gifts received individually, or owned prior to the marriage can be classified as separate, provided they were not mixed with marital assets.

A skilled divorce attorney in Booneville can help you accurately identify, value, and divide marital assets. These assets may include real estate, retirement accounts, businesses, vehicles, and personal property. In complex cases involving business ownership or high-net-worth individuals, forensic accountants or appraisers can be consulted to ensure fair and accurate valuations. Mistakes in property division can lead to long-term financial problems, so it is crucial to work with a lawyer who understands how to protect your financial future.

Who Gets the House in a Mississippi Divorce?

Spousal Support (Alimony) Considerations

In some divorce cases, one spouse may be eligible for spousal support, also known as alimony. The court will consider several factors when deciding whether alimony should be awarded, including the duration of the marriage, the income and earning potential of each spouse, their age, physical and emotional health, and the contributions of each partner to the marriage, including housework and childcare. There are different types of alimony available in Mississippi, including periodic payments, lump sums, rehabilitative payments to help a partner become self-supporting, and reimbursement payments for expenses related to supporting the other’s education or career.

Alimony is not granted automatically. It must be requested and justified. An experienced divorce attorney in Booneville can evaluate your situation and advise you on whether you are eligible to receive alimony or obligated to pay it. They can also help you negotiate or litigate the terms of an arrangement to ensure that it is fair and legally sound, taking into account your needs and circumstances.

Child Custody and Visitation

When children are involved in a divorce, determining custody and support is a top priority. Mississippi courts focus on the best interests of the child when making custody decisions. This includes evaluating factors such as each parent’s ability to provide a stable home environment, the child’s emotional and educational needs, and any history of domestic violence or substance abuse.

Child custody can be awarded as joint or sole custody, with physical and legal custody determined separately. Physical custody refers to where the child primarily resides, while legal custody involves decision-making authority regarding education, healthcare, and other important matters. A parenting plan is often required to outline how custody arrangements will be handled, including visitation schedules and decision-making responsibilities.

In Booneville and Prentiss County, judges encourage parents to work together whenever possible. If parents cannot agree, the court may order mediation or appoint a Guardian Ad Litem (GAL) to help resolve the dispute and ensure the best interests of the child. In cases with high conflict, the court also may impose supervised visitation or other protective measures. A local family law attorney who is familiar with the courts, procedures, and local dynamics can help you achieve a custody arrangement that protects the child’s best interests and your parental rights.

Child Support Obligations

Mississippi uses an income-based model to calculate child support. This model takes into account both parents’ income and the number of children involved. In most cases, the non-custodial parent pays support to the custodial parent. However, even in situations where there is joint custody, one parent may still owe support, depending on the arrangement for time sharing and income differences.

Child support covers basic needs such as food, clothing, and housing, but it may also include expenses for healthcare, child care, extracurricular activities, and education. If there is a significant change in circumstances, such as job loss, a significant pay increase or change in custody, modifications to child support orders may be possible. However, these modifications must be approved by a court; informal agreements between parents are not legally binding. A knowledgeable lawyer can help you with requesting or responding to modification petitions and ensure that all calculations comply with state regulations.

The Divorce Process in Mississippi: What to Expect

The divorce process typically begins with the filing of a complaint for divorce in the chancery court of the county where one of the spouses resides. In Booneville, this is the Prentiss County Chancery Court. After filing, the other spouse must be served with necessary paperwork and given the opportunity to respond. If both parties agree on all terms, known as an uncontested divorce, the process can be completed within 60 days, thanks to Mississippi’s mandatory waiting period for no-fault divorces of 60 days.

Contested divorces can take months or even years to complete, depending on the complexity of the issues involved. These issues include asset division, child custody disputes, and accusations of fault. During this process, a lawyer will help with discovery (exchange of financial information and evidence), negotiation of settlement offers, attendance at mediation sessions, and representation in court if necessary. With the steady guidance of a lawyer, you will never feel lost or overwhelmed by court procedures, paperwork, or legal terminology.

Learn More About Child Custody & Vistitation

The Importance of Legal Representation

Divorce is a significant life change that impacts your family and future. Understanding Mississippi’s divorce laws and how they apply to your case can be challenging without professional guidance. A skilled divorce attorney can provide the legal knowledge and advocacy needed to protect your rights and achieve a fair outcome. Whether resolving matters through negotiation or litigation, having the right legal support ensures that your interests remain a priority throughout the divorce process.

If you are considering divorce or need legal assistance with child custody and visitation, contact our office today. We are here to answer your questions, protect your rights, and guide you toward the best possible resolution for your case.

Common Divorce FAQs

What are the grounds for divorce in Mississippi?

Mississippi recognizes both “no-fault” and “fault-based” divorces. The most common is a no-fault divorce based on “irreconcilable differences,” which requires mutual agreement. Fault-based grounds include adultery, habitual cruel and inhuman treatment, desertion, or incarceration. Your attorney can advise on which path is most appropriate for your situation.

How is property divided in a Mississippi divorce?

Mississippi is an “equitable distribution” state. This means marital property (assets and debts acquired during the marriage) is divided fairly, but not necessarily 50/50. Separate property, like inheritances or assets owned before marriage, is typically not divided. A skilled attorney is crucial to properly identify, value, and advocate for a fair division of all assets.

Will I receive or have to pay alimony?

Alimony, or spousal support, is not automatic. The court considers factors like the length of the marriage, each spouse’s income and earning potential, health, and contributions to the household. An attorney can evaluate your case, advise on the likelihood of an award, and help negotiate or litigate a fair arrangement.

How is child custody determined?

The court’s sole focus is the “best interests of the child.” Factors include each parent’s ability to provide stability, the child’s needs, and the existing parent-child relationship. Custody involves both legal (decision-making) and physical (residential) aspects. A local attorney understands how Prentiss County courts evaluate these factors and can help you build a strong case.

How is child support calculated?

Mississippi uses an “income shares” model, which considers both parents’ incomes and the number of children to determine a support amount that covers basic needs, healthcare, education, and childcare. Support orders can be modified later if there is a significant change in circumstances, but only through a court petition.

How long does the divorce process take?

If you have an uncontested divorce where both parties agree on all terms, it can be finalized after the mandatory 60-day waiting period. Contested divorces, where issues are disputed, can take several months to over a year, depending on complexity. Your attorney will work to resolve matters as efficiently as possible while protecting your rights.

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