by Chris Palmer
A very important, but often overlooked, tool in avoiding nasty divorces is a thorough prenuptial agreement. Here is an excellent article on the need for prenuptial agreements in estate planning but it is just as applicable in the divorce context.
by Chris Palmer
Everyone knows divorces can get pretty expensive. A department store has come up with a solution to help newly divorced people get back on their feet – a divorce registry. The department store has figured out that with people basically losing half of their belongings in a divorce, family and friends may want to purchase them a gift, much as they do for a wedding, so that items such as irons, toasters and the like may be replenished. I’m not sure how successful this will be, but it definitely draws attention to the impact a divorce has on items that are often overlooked.
When a couple divorces in Mississippi, all marital property must be divided. For ease of reference, marital property is essentially all items purchased or accumulated during the marriage by either party, although there are exceptions. While most people focus on the larger items like vehicles, televisions and furniture, households are filled with all sorts of items that must also be divided. A person may not realize until after a separation, how much replacement of household items costs. These are costs that are in addition to attorneys fees and income lost from the other spouse.
When separating, it is advisable for both spouses, assuming they can agree, to go through the marital residence together and divide all the items room by room. A list can be created at the same time so each will have a record. Although a person often is anxious to move on and only focuses on the big items, spending a little time on the little things will save you a lot of money down the road.
by Chris Palmer
To get a divorce in Mississippi, spouses must either agree on a divorce on the ground of irreconcilable differences or prove that one of the causes for divorce that are specified in Miss. Code Section 93-5-1 exist. The causes for divorce listed in Section 93-5-1 are:
1. Natural Impotency
2. Adultery
3. Being sentenced to any penitentiary, and not pardoned before being sent there
4. Willful, continued and obstinate desertion for the space of one (1) year
5. Habitual drunkenness
6. Habitual and excessive use of opium, morphine or other like drug
7. Habitual cruel and inhuman treatment
8. Mental illness or mental retardation at the time of marriage, if the party complaining did not know of that infirmity
9. Marriage to some other person at the time of the pretended marriage between the parties
10. Pregnancy of the wife by another person at the time of the marriage, if the husband did not know of the pregnancy
11. Either party may have a divorce if they are related to each other within the degrees of kindred whom marriage is prohibited by law
12. Incurable mental illness
Obviously, some of the divorce grounds are going to be more frequently used than others. For example, adultery and habitual, cruel and inhuman treatment are the most commonly asserted grounds for divorce while others like natural impotency and being related to one another are very seldomly asserted.
In later posts, we’ll discuss in more detail the individual grounds for divorce and what constitutes each ground. If you are considering a divorce, a quick review of the allowable divorce grounds should provide an overview of what circumstances need to exist in order to get a divorce without the consent of your spouse.
In Mississippi, a husband and wife may be granted a divorce on the ground of Irreconcilable Differences. This is often referred to as a “no-fault divorce.” Of the divorce grounds available in Mississippi, Irreconcilable Differences is usually the simplest, quickest, cheapest and least stressful way to obtain a divorce.
Typically, the husband and wife both sign a document called a Joint Complaint in which they ask the court to grant them a divorce on the basis that irreconcilable differences have arisen between them. Usually there is a written agreement attached to the Joint complaint that addresses the division of assets and debt, provides for custody and visitation and addresses other issues important in a divorce. Both spouses will also need to complete a financial statement, unless they agree to waive that requirement. Once the Joint Complaint is signed, it is filed with the Chancery Clerk’s office in the county of either spouse’s residence, if both are Mississippi residents. If one of the spouses is not a Mississippi resident, then it should be filed in the county where the Mississippi resident lives. The Chancery Clerk will require the parties to pay a filing fee at the time they file the Joint Complaint.
Once the Joint Complaint is filed, it must remain on file for at least 60 days before the judge has the authority to grant the divorce. In comparison to divorces based on grounds such as adultery, the 60 day period is pretty quick. During that 60 day waiting period, it is important to remember that you are not divorced. Even though an agreement has been reached on a divorce, no spouse likes to see their husband/wife displaying their new “companion” in public and such actions often result in litigation.
Once the 60 day waiting period is over, your lawyer will meet with the judge to present the written agreement for approval. The Court will review the agreement, along with the financial statements, to determine if the agreement is adequate and sufficient. If so, the Court will sign a document called a Judgment of Divorce that, when filed with the Chancery Clerk, will grant the divorce and end the marriage.
There are other ways to obtain a divorce on the ground of Irreconcilable Differences and there are variations to the process, but this procedure is the most common. If you are considering a divorce, you should contact an attorney to discuss your options. Because of its simple procedure, many people try to get divorced without an attorney. While this may save a little money on the front end, you may end up with a really bad divorce agreement that you cannot change. It is well-worth the investment in an attorney to make sure your divorce is done properly.