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Family Law- Divorce Archives

Mississippi's divorce laws will not be updated

It can be extremely difficult to get a divorce in Mississippi if both spouses will not agree to end the marriage. That's because Mississippi is one of only two states in the U.S. that do not have no-fault divorce laws.

We're buried in credit card debt. Can we still get divorced?

When couples are splitting up, they often fail to consider the role debt will play as they divide their finances and assets - particularly credit card debt. The average household carries over $15,000 in credit card debt. Credit card debt (and the rest of the debt carried by the household) will be divided between the spouses during the divorce.

Fathers and Custody in Mississippi

For years the law in Mississippi presumed that mothers were the preferred parent to raise children in the event of a divorce.  Mothers received benefit of the "tender years doctrine" which created a legal presumption in favor of mothers of young children.  The tender years doctrine is now a fond memory, replaced instead by the Albright factors, which includes, as one factor, the "age and sex of the child".  

Divorce and Same-Sex Couples in Mississippi

On June 26, 2015, the United States Supreme Court, in the landmark case of Obergefell v. Hodges, decided that same-sex couples are entitled to the same rights and responsibilites of marriage as opposite-sex couples.  This decision not only gave same-sex couples the right to marry in Mississippi, it made their marriages performed in other states valid in Mississippi.  Many states have been allowing same-sex marriage for years.  Those marriages are now valid and recognized in every state, including Mississippi.  Not only that, but these marriages are valid from the date of the original marriage performed in another state.