Our Jackson Divorce Lawyers Are Different
You’ve tried so hard for so long, but things just aren’t working out. You’re realizing it might be time for a divorce.
Spouses may be reluctant to broach the subject. Sometimes, they might feel like they’ve failed, and that is a hard thing to admit. For others, the decision to leave is easy, but it takes strength and courage for them to remove themselves from a bad situation.
No matter what the circumstances, going through a divorce is an emotionally exhausting process.
You probably already know that you need a lawyer to help you through the legal process of a divorce, but what you may not realize is that having the right lawyer makes all the difference in the world.
At Derek L. Hall, PC, not only do we help you reach the type of divorce settlement you are looking for, but we also offer you the compassion and emotional support you need along the way. We take the law seriously, but we also know that right now you need more than just legal advice. You need a shoulder to lean on.
Honest and straightforward legal advice provided by a team of lawyers who care about you as an individual – that’s the difference Derek L. Hall, PC makes in the lives of our clients. Call our Jackson divorce attorneys today or contact us online to see how we can help you.
How Our Lawyers Can Help You with Every Part of Your Divorce
Divorce is never easy. It’s hard whether it is contentious, and you are preparing for a fight, or even if it’s friendly and you agree that this is the right step for all involved.
Divorce is a legal process governed by a series of rules and regulations. Navigating that process can be difficult, especially when you may not be in the best frame of mind.
You may be deeply hurting and unable to fully communicate with your spouse. We can help with that as well, protecting you and your interests while communicating with your partner about the process. Divorce is difficult, but we are here to help you through this event and achieve the best possible outcome.
Basics of Mississippi Divorce Law
There are a number of factors that need to be taken into consideration when a couple decides they are ready to file for a divorce. Number one, is this divorce amicable and do you agree about all aspects of your separation? If that is the case, a “divorce by consent” could be your best course of action.
In Mississippi, the law allows for couples to file for a divorce by consent when a couple is in complete agreement on all issues of custody, support, and property division. This is similar to what is known in other states as a “no-fault” divorce.
The grounds for divorce by consent would be irreconcilable differences. This is the fastest and easiest path to divorce.
Unfortunately, for many couples, it is hard to agree on every single detail regarding separation. In this case, it is critical that you have a lawyer on your side, helping you negotiate the terms of your divorce and settlement.
Mississippi recognizes several fault grounds for divorce, including among others:
- Alcohol or drug use
- Cruel treatment
- Incurable insanity
A fault-based divorce requires proof of the fault that you are alleging is the reason for the divorce. An experienced attorney like the team at Derek L. Hall, PC can help you sort through the best options for you.
Property and Alimony Issues During Divorce in Mississippi
Mississippi is an equitable distribution state. This means that a court will divide the property and assets of the marriage in a fair manner – not necessarily an equal manner.
Equitable distribution may sound like an equal or 50/50 split, but that is not what the term refers to legally. Equitable distribution means that a judge will be the one to determine what is fair based on factors, such as the length of the marriage and the contributions that each spouse made during the marriage – both economic and indirectly economic.
A judge can take a number of other factors into consideration as well in order to determine what they consider equitable.
Mississippi law does vary slightly from other states when it comes to property division. In Mississippi, spouses may retain property when that property title is in their name. When a property is in both spouses’ names, the court will determine how to divide it based on their fair and equitable standard.
In the case of alimony payments, a judge will be the one to decide the appropriate amount of the payments and their duration. According to the Mississippi State Bar, a judge will try to set an alimony payment that will provide a spouse with the same standard of living as the one they experienced during the marriage. A judge will determine that amount by looking at all the sources of income from both partners, the needs of the spouse and children, and any other pertinent information.
Mississippi Child Custody and Child Support
One of the most devastating parts of a divorce can be the impact it has on the children. Children don’t always understand what is happening or why. At Derek L. Hall, PC, we are sensitive to the fact that this is a very difficult time for children. We want to help you find the best possible outcome for them.
Divorcing couples will need to make decisions or allow the court to make decisions on who will retain custody of children. In Mississippi, there are two different types of custody – legal custody and physical custody. These are two very different things.
- Legal custody refers to a parent retaining the right and authority to make decisions for the child on health, education, and basic welfare.
- Physical custody refers to the right of a parent to allow the child to live with them.
There is also a choice to be made about whether spouses want joint or sole custody. Parents may want to seek joint and physical custody, allowing them to share decision-making, as well as split visitation time. Parents might opt for joint legal custody – or the ability to both make decisions – but seek sole physical custody, so the child only lives with one parent. In cases of abuse or other circumstances, a parent may seek sole legal and physical custody of a child after divorce.
When deciding cases of child custody, Mississippi follows the guide of what is in the child’s best interests. The court will examine a number of factors in order to help it determine what the best outcome is to protect the welfare of the child.
When it comes to the issue of child support in Mississippi, both parents have a duty to support their child. The parent who spends less than half their time with the child – also known as the non-custodial parent – makes child support payments.
The custodial parent, or the one who typically spends the most time with the child, is expected to use their income and assets directly on the child as a means of support. Child support typically must be paid until the child is considered emancipated at the age of 21, enlists in the military full-time, or is convicted of a felony.
An attorney with Derek L. Hall, PC can help you determine what you may expect to pay in child support and which child custody arrangements may be appropriate for your situation and circumstances.
Talk to Our Family Law Attorneys About Your Divorce Options
At Derek L. Hall, PC, we understand how hard it is to cope with the fact that your marriage might be coming to an end. A wide range of emotions are surging as you try to maneuver your way through the legal system.
While sorting out your past is the best way to move forward and forge a new life, it is not an easy process. We understand what you are going through and want to help ease some of your stress and anxiety.
The legal team at Derek L. Hall, PC treats you like an individual and evaluates all the circumstances surrounding your particular situation. Reach out and let us help you put things in order so that you can feel free to move on. We are here to help you resolve your divorce and support you every step of the way.
You made the first step in this journey by making the decision to divorce. Now it’s time to get the support you need. Derek L. Hall, PC is here for you. Call us now or contact us online.