Gulfport Family Law Blog

Every parent does all they can to provide and protect their children. This bond is a powerful and special thing, but it also makes it that much more difficult to go through tough times such as a divorce. The ending of a marriage is hard when it's only the two partners involved. When children enter the picture, however, the emotional stakes are significantly raised. That's why it's so important to have knowledgeable and compassionate legal guidance on your side.

At Maggio Law Firm, PC, we understand the enormous stress and uncertainly that come along with a divorce. That's why we approach each situation with the empathy it deserves. There are many different factors that are considered in matters of child custody and several different types of categories. Whether legal custody, physical custody, temporary custody, or permanent custody, our law firm will help you navigate the potential changes in the situation as the divorce progresses. It's important to consider the entirety of a family in these matters. Emotions can understandably run very high in these situations but letting them get the best of your can have a negative effect on you and your family. With our thorough understanding of the law, we can help you progress through the steps of divorce and find a way to achieve a positive outcome that will benefit you and keep the best interests of your children squarely in view.

One of the primary concerns divorcing couples may have is how their property will be divided. To help avoid conflicts surrounding property division, it is helpful to understand how the process is conducted. Property is generally divided into two categories when couples divorce including marital property and separate property. Marital property is subject to division, while separate property typically is not.

Property that is generally subject to division, or marital property, includes property the couple acquired during the marriage. Separate property, or property not generally subject to division, includes property one of the spouses entered the marriage with, gifts, inheritances and personal injury awards. Property can sometimes be considered co-mingled so it is helpful to be familiar with that term as well and what it refers to.

A military divorce is just as complicated as a civilian divorce. There are, however, special requirements and rules that apply to service members and their spouses when they divorce. This is because while most divorces only involve state law, military divorces also involve federal law in addition to the law of a state like Mississippi. What does this hodgepodge of state law and federal law mean? It means that there are some issues that must be given special attention in a military divorce.

First of all, military family law sometimes restricts when a divorce involving a service member can be filed. A service member cannot begin or be the subject of divorce proceedings while he or she is on active duty. Further, a court may rule that a service member cannot begin or be the subject of divorce proceedings for 60 days following active duty. This allows service members to concentrate on defending our country.

Divorce between spouses reaching the age of retirement is becoming more common in Mississippi and nationwide. Coined as a gray divorce, older couples seeking a divorce will face issues their younger counterparts may not. One issue is how divorce will affect their retirement.

The Center for Retirement Research reports that divorce could impact a person's retirement. According to the CRR, as of right now 50 percent of households in the United States may not be able to keep up the standard of living they had while working once they retire. However, this risk is seven percent higher for households that have gone through a marital dissolution.