Jackson, Mississippi Divorce Attorney
Divorce can be one of the most painful and stressful experiences a person goes through in life. Many important decisions must be made-in a short period of time-that have the potential to impact the rest of your life, as well as the lives of your children. It is critical to avoid making hasty, misguided decisions when going through a divorce in Mississippi, especially when your children are involved. As an experienced family law litigator, I have seen first-hand the problems caused by a party making a heat-of-the-moment decision in a divorce battle. All too often, these problems could be avoided and possibly even resolved with the proper legal counsel. An experienced family law attorney can help you sort through the difficult decisions you must make and help protect your best interests, as well as the best interests of your children, throughout the divorce process.
In the State of Mississippi there are two ways to get a divorce: (1) Irreconcilable Differences (a/k/a "No Fault") divorce and, (2) Contested or Fault-based Divorce. The ID divorce in Mississippi is proper where spouses agree that their marriage is irretrievably broken and both parties want a divorce. On the other hand, a Mississippi fault-based divorce alleges marital misconduct or other improper conduct and, if supported by proper evidence, will be granted.
An Irreconcilable Differences ("ID") divorce (Miss. Code. Ann. § 93-5-2) is proper only if both spouses agree to be divorced on this basis. In other words, both parties must consent to a divorce based on ID in Mississippi or no divorce will be entered. As long as both parties agree to a divorce based on ID, any remaining issues relating to property distribution and/or child custody terms may be submitted to the court where the case has been filed.
The other method for obtaining a divorce in Mississippi is the fault-based grounds divorce. The twelve (12) grounds for seeking a fault-based divorce in Mississippi include:
(1) Natural Impotency;
(2) Adultery;
(3) Incarceration;
(4) Desertion;
(5) Habitual drug use;
(6) Habitual drunkenness;
(7) Habitual, cruel and inhuman treatment;
(8) Insanity at time of marriage;
(9) Bigamy;
(10) Pregnancy of wife at the time of marriage;
(11) Kinship within the prohibited degree;
(12) Incurable Insanity.
These grounds may be alleged individually or in combination depending on the facts of the case.
No matter which of these circumstances you face, I am committed to helping you through the difficulties of a Mississippi divorce action with the experienced legal representation you need. While I will try to save time, money and judicial resources by attempting to settle civilly outside of court, when that is not possible I will be prepared to go to court to fight for your best interests.
In addition to representing individuals in contested divorces, non-contested divorces, and irreconcilable differences divorces, attorney M. Devin Whitt can also assist in the following areas of family law:
- Annulment
- Guardianships
- Initial Custody Determinations
- Modification of Child Custody
- Child Support
- Adoption
- Filiation and Paternity Actions
- Property Division
- Alimony
- Termination of Parental Rights
- Marital Agreements (prenups/postnups)
If you are in need of an attorney to help you through a divorce or other family law matter, please contact attorney M. Devin Whitt. Mr. Whitt has been helping families through difficult circumstances since 2002 and will work compassionately with you as he actively protects your best interests. Since no two family situations are alike, Mr. Whitt will take the time to listen to your unique needs so that he can arm you with the knowledge you need to make difficult decisions about the future. Getting you through the present turmoil and on to a hopeful future is a top priority.
Call 601-499-4460 to speak with an experienced divorce attorney in Jackson, Mississippi today.
