If you are contemplating a divorce in the Golden Triangle Area, you should know that the process may not be as easy as you believe it to be. Unlike other states in the country, Mississippi law does not allow one to file for a divorce and have it automatically granted. Should you choose to file for divorce, your spouse does not have to agree. Unfortunately, the laws in Mississippi can make an already stressful situation more difficult.
At The Law Offices of C. Marty Haug, we understand that divorce is a very emotional subject. You may be feeling anxious or overwhelmed at the thought of breaking up your marriage. We are here to represent you with the compassion and dignity you deserve, advising you expertly and professionally throughout the process of bringing your marriage to an end. Our state allows for divorce in one of two situations: either you and your spouse agree to divorce or one party is “at fault.”
Fault-Based Divorces in Mississippi
If you have a fault-based reason for divorce, you must be prepared to provide proof in such a way that a judge is convinced of your spouse’s misdeeds. Reasons that a fault-based divorce may be granted include:
- Desertion for one or more years
- Cruel and inhuman treatment
- Sentencing to a penitentiary
- Habitual alcohol or drug use
- Mental illness at the time of marriage
- Incurable mental illness
- Pregnancy by another at the time of marriage
Should you pursue a fault-based divorce, your case will proceed through court. You will engage in discovery and then a trial. A fault-based divorce can be especially stressful and many people, and their attorneys, will attempt to avoid this type of open trial if possible.
Divorce Due to Irreconcilable Differences
This is the most common type of divorce in Mississippi. Even when a spouse doesn’t agree to the divorce, they will often not contest it simply to avoid the length and expense of a divorce trial.
The first step in obtaining an ID divorce is to file a complaint. Your complaint must be on file for 60 days before a judgement can be entered. In many cases, the couple will work with their attorneys outside of court in an attempt to come to written agreements regarding child custody and property settlement. The presiding Chancellor will review the agreement and make it a legally binding document unless provisions are needed.
Assistance with Other Family Law Matters
While divorce is often the first type of issue considered when one thinks of family law, it is not the only type of case we handle. If you need assistance with child custody, child support, parental rights or even the drafting of a will, C. Marty Haug is available to assist you.
Family law matters can be complex. In most cases, they require paperwork that must be filled out precisely. Although a person may be able to fill out paperwork or represent themselves in a family court, it is rarely, if ever, recommended that they do so. An experienced attorney is needed to ensure a fair outcome for all involved.
Contact a North Mississippi Family Law Attorney Today
We understand the emotions you may be feeling, and we certainly do not want to add to your burden. Your initial consultation with our office will be held at no cost to you. Please call today at 662-324-9492 to schedule your case evaluation. We will discuss your unique situation with you at length and offer you all of your legal options, so that you may make an informed decision.