A divorce can be one of the most devastating experiences of your life. You may feel unprepared and overwhelmed. A family lawyer with a deep appreciation for Mississippi divorce and family laws can give you trustworthy guidance to help you successfully manage the end of your marriage.
Mississippi divorce proceedings are unique, with many nuances that can be difficult to understand. It is crucial to seek legal advice and hire a family lawyer to protect you and your family. Working with a Mississippi divorce attorney can help put you at ease during this difficult time.
Choose Johnson, Ratliff & Waide, PLLC
The legal team at Johnson, Ratliff & Waide has the tools necessary to help you move through divorce with confidence.
Deciding on a Mississippi divorce attorney can be an onerous task. At our firm, we provide a compassionate, comprehensive approach so that your divorce progresses in a timely fashion.
Our attorneys have accomplishments such as being the past President of the Young Lawyers Section, a division of the Mississippi Bar, and being selected to the Super Lawyers Rising Stars from 2018 to 2025. Our team has decades of experience with their aggressive legal approach to help you obtain a beneficial outcome.
Mississippi Divorce and Family Law
In Mississippi, marriage is a civil contract where both spouses have legal obligations and rights. A judge issues a decree that legally ends a marriage.
There are requirements to file for a divorce in the state, which include:
- Filing in Chancery Court
- State residency for at least 6 months
- Notification to parties at least 30 days prior to trial
There are two means to obtain a divorce in Mississippi. First, a court may grant a divorce on the grounds of irreconcilable differences, in which neither party is at fault. Requirements include the following:
- Parties must agree and consent to all written terms of the divorce.
- If parties cannot agree, they may permit the court to decide on the terms.
- Parties must wait at least 60 days for the divorce to be finalized.
Alternatively, if one party petitions for divorce, there are 12 at-fault grounds that must be proven by substantial evidence. Grounds include:
- Natural impotency
- Adultery
- Sentenced to the Mississippi Department of Corrections
- Abandonment of a willful, obstinate, and continued manner for at least a year without consent or just cause
- Habitual drunkenness
- Habitual and excessive use of drugs
- Habitual, cruel, and inhumane treatment
- Pregnancy of the wife by another person at the time of marriage
- Incurable insanity and institutional confinement for three years immediately prior to marriage
- Mental illness or intellectual disability at the time of marriage that was unknown
- Bigamy and incest
- Marriage to another person
Division of Marital Assets in Mississippi
Mississippi is an equitable distribution state. The Mississippi Supreme Court established guidelines, known as Ferguson factors, to assist judges in their decision-making for property division. They include:
- Substantial contribution to the accumulation of property by the homemaker and the breadwinner
- Contribution to the harmony and stability of marital and family relationships
- Contribution to the earning power of the spouse
- Each spouse’s use, withdrawal, or disposal of marital assets
- Market and emotional value of marital assets
- Tax implications and financial consequences
- Future spousal payments and conflict
- Duration of the marriage
- Future earning capacity
Our family law attorneys have decades of experience with contested, or at-fault, divorces as well as uncontested divorces due to irreconcilable differences. It is imperative to utilize a family lawyer who understands the complexities of divorce in Mississippi.
The U.S. divorce rate reached a record low in 2024, with approximately 14.2 divorces per 1,000 married persons age 15 and up. Mississippi has one of the highest divorce rates, ranking third in the U.S., with 19.2 divorces per 1,000 married women.
A family attorney who is familiar with Mississippi’s divorce requirements has an expansive breadth of knowledge regarding the division of marital property, requirements for spousal and child support, and how these considerations can affect your divorce settlement.
Johnson, Ratliff & Waide, PLLC, understands these factors and can guide you to a successful resolution.
Hire a Divorce Lawyer in Mississippi
It is important to educate yourself and to be proactive in your divorce. You want your divorce to proceed as smoothly as possible to minimize the emotional toll that the process may take on you and your children. It is crucial to hire a divorce lawyer to protect you and your family’s future. Our goal is to achieve what is fair and what you deserve.
FAQs
What Is a Wife Entitled to in a Divorce in Mississippi?
The chancellor, or judge in the chancery court, has wide latitude when deciding what a wife is entitled to upon divorce in Mississippi. The chancellor’s decision is based on equitable division factors that, in part, take into account the wife’s earning capacity, how child rearing and working in the home may have affected her career, the length of the marriage, and her contributions to her spouse’s education and earning power.
What Money Cannot Be Touched in a Divorce?
Money that cannot be touched in a divorce is that which is considered separate, non-marital property that was acquired prior to marriage. Examples included bank accounts, retirement portfolios, and business holdings, as well as gifts and inheritances. This includes money from real property and income obtained from non-marital assets during a marriage that was not used, treated, or relied upon by the parties as a marital asset.
What Type of Modifications Are Allowed for Alimony in Mississippi?
Mississippi chancellors have a wide berth in determining alimony and any modifications and factors that may disqualify one from receiving it. Lump sum alimony payments cannot be modified even upon remarriage of the spouse. However, periodic alimony payments may stop upon the death of either spouse, or the remarriage or cohabitation of the receiving spouse.
Is a Vacation Home I Owned Prior to Marriage Considered Marital Property in Mississippi?
You may consider your pre-marital vacation property a non-marital asset that is not subject to Mississippi’s equitable division laws. However, if your spouse and children used this property for a considerable portion of the marriage, you used commingled marital assets to update, improve, or maintain the home, or the property appreciated during the marriage, the chancery court may convert this to a marital asset for equitable distribution in your divorce settlement.
Work With Our Mississippi Divorce Attorney
With over 50 years of combined experience handling Mississippi divorces, our team has extensive knowledge in family law. Our office in Hattiesburg, known as The Hub City, serves clients in Forrest and Lamar Counties. It is important to take that initial step and contact Johnson, Ratliff & Waide, PLLC. We are here to help you through your divorce.
