Generally, when people think of divorce, they picture the possibility of going into financial debt and losing a significant number of assets. However, this is not always the case. In fact, a divorce can actually have some financial benefits. If you have already decided to split from your spouse, consider the following.
Traditionally, when a spouse files for divorce, that spouse will cite "grounds" - a reason - for the divorce. Depending on the specific circumstances of the divorce, one or more grounds may be available. Our readers should be aware of the various grounds that may be available for any specific divorce situation.
Asking a Gulfport couple to think about a prenuptial agreement may seem like asking them to think about their eventual divorce, and thus prenuptial agreements are not usually thought of as a romantic topic of conversation. On the other hand, many couples know that they could benefit from a prenuptial agreement. So, what are the pros and cons of a prenuptial agreement?
At the conclusion of a couple's divorce process in Gulfport, the judge will grant a divorce decree. This decree includes terms governing property division, alimony, child support and child custody. The decree will either be one agreed to by the divorcing parties or one imposed by the judge if the two parties cannot agree. Under normal circumstances, the decree will be binding on both parties moving forward.
An important change to Mississippi's divorce laws takes place on July 2, 2017. On that day, domestic violence will be added to the list of reasons that justify a divorce in the state.
As same-sex marriages become more common, so do same-sex divorces. The familiar rules that govern marriages and divorces are being twisted and pulled as gay couples attempt to resolve complex issues of custody and parentage. After being divorced from her wife, a Mississippi woman is facing such an issue in her appeal of a trial court ruling that she is not the legal parent of a child born to her wife during their marriage.
Divorcing couples in Mississippi worry about child custody and support, alimony and division of their joint assets. An issue that is frequently overlooked in many divorces is the income tax consequences of payments mandated by the divorce settlement or court decree. This post will provide a summary of the provisions that affect post-divorce income taxes paid by almost every divorcing spouse. Both the State of Mississippi and the Federal government tax personal incomes, but the tax code provisions that are pertinent to divorce are nearly identical and will not be discussed separately unless necessary.
One of the most crucial questions in almost every divorce is "how will the court divide the couple's property and income producing assets?" In the case of Ferguson v. Ferguson, the Mississippi Supreme Court established eight guidelines to assist chancery courts in making this decision. The guidelines have subsequently become known as the Ferguson Factors, and they are used in every divorce case in which the spouses cannot agree between themselves on how to divide their property.
In many Mississippi divorces, one of the most contentious issues is the payment of alimony, or as it is currently known, spousal support. During the early part of the state's history, courts used alimony to punish marital misbehavior. Philandering husbands were often ordered to pay alimony to their presumably faithful wives. Since the end of World War II, however, courts and the legislature have change their views on alimony and its purposes.
In our last post, we commented on the decision by Rep. Andy Gipson, chairman of the House Judiciary Committee in the Mississippi legislature, to refuse to hold hearings on a bill passed by the state Senate that would have added domestic abuse to the statutory grounds for divorce in Mississippi. After a vociferous public backlash against that decision, Rep. Gipson has changed his mind.