When you and your spouse divorce, Mississippi law decrees that you divide your marital property between you in a manner that is fair and equitable to both of you. But what exactly does this mean? Does it mean that you must divide your marital assets strictly 50/50? No. As FindLaw explains, fair and equitable means different things to different couples depending on their personal situations.
If you have never before run across the word “manimony,” that is because it is a recently coined nickname for the spousal support payments that courts require some high-earning wives to pay to their former husbands after a divorce. While manimony only occurs in roughly 15% of today’s divorces, it nevertheless represents an idea whose time has definitely come.
When you get a divorce, the State of Mississippi requires that you and your spouse divide your marital assets between you in a fair and equitable manner. But you can divide some assets much more easily than others. For instance, SmartAsset.com advises that dividing up your respective retirement or pension plan benefits can prove tricky indeed.
Any person who has a dog, cat or other pet knows just how special these animals can become and the large role a pet can play in their lives. More and more, pets are considered and treated as essential members of the family, not as pieces of property. One of the times this comes into play significantly is when a married couple gets a divorce. Several couples find themselves struggling with who will keep the dog or other pet after their marriage has fallen apart.
When you are going through a divorce, one of the things you will need to prepare for is to arrange a visitation agreement with your spouse on behalf of your children. A functional agreement will provide some flexibility to both parties to allow both of you adequate opportunities to maintain and strengthen relationships with your children. Should you or your spouse decide to relocate outside of Mississippi, modifications may need to be made to the original arrangement.
Despite long-held beliefs to the contrary, not all divorce cases in Mississippi are contentious and filled with seemingly endless dispute. Some couples who are at the end of a marriage can agree on the key issues and have an "uncontested" divorce. A "contested" divorce is commonly viewed as comparable to a courtroom drama. While it might not be as it is on television, the factors in dispute can lead to a drawn-out process to settle the case. An uncontested divorce seeks to avoid this.
Mississippi couples who are experiencing marital turmoil might hit the breaking point at any time. A range of issues can spark dispute in marriage. Once the personal and emotional factors reach a certain juncture, the end of a marriage is the only viable solution. While it might seem counterintuitive for there to be statistical factors in divorce filings, studies indicate that there are specific times of year when couples will decide to take that next step and file for divorce. Regardless, it may be useful to have legal help with the process.
There are important aspects of the law that should be understood when contemplating divorce. In most states, the divorce process is "no-fault." This means that the baseline will be that the couple has "irreconcilable differences" and nothing more needs to be said or shown to be granted a divorce. To use this designation, the couple must have resided in the state for a minimum of six months. This is a relatively easy way to get a divorce without contentious and extended disputes. The parties will usually agree on most issues and negotiate those that are more complex. After 60 days of the case being filed, the court reviews any agreement and can then grant the divorce. If there are still matters in dispute, the court can make decisions on how to settle them.
There are many reasons for Mississippi residents to decide they should end their marriage and get a divorce. For many, however, there is no one specific issue in dispute. They will have certain problems that they cannot bridge and believe that it is preferable to move on. This can be referred to simply as irreconcilable differences. While this is a viable justification to get a divorce and the courts will allow it, it is important to understand the law before moving forward with a case. It is also beneficial to have legal advice.
Property division is one of the most common concerns couples have as they prepare to divorce. As a result, it is useful for them to be familiar with how property division is handled during divorce. It will help them prioritize their interests and be better prepared for what to expect from it. It can also help guide them to a property division settlement agreement both spouses can live with.