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Ridgeland Complex Divorce

Attorney Guiding Ridgeland Residents Through the Divorce Process

According to the most recent census numbers, 40 percent of the adults living in the community of Ridgeland, Mississippi are currently married. Unfortunately, however, not every marriage lasts forever, and couples in Ridgeland or the surrounding areas may eventually decide to pursue a divorce. Unlike many states, Mississippi does not allow one spouse to assert irreconcilable differences, or no-fault, as a basis for divorce. Instead, there are two paths to divorce in the State of Mississippi: (1) an Irreconcilable Differences divorce where both parties agree to the divorce or (2) a contested or “fault based” divorce. A divorce may be relatively complex when one spouse is required to assert a ground for divorce against the other spouse because the divorce is contested. Moreover, issues of child custody and high asset property division also tend to make a divorce more complex. Experienced Ridgeland complex divorce lawyer M. Devin Whitt has extensive experience dealing with the nuances of these situations, and he is available to assist you with any issue you may face in a complex divorce.

Understanding the Process of Seeking a Complex Divorce in Mississippi

Under Mississippi law, when one spouse wants to divorce, but the other does not, the spouse petitioning to divorce must have a “ground” or legal basis for ending the marriage. Typically, the ground will be based on the claim that he offending spouse committed some type of misconduct during the marriage that will entitle the nonoffending spouse to legally end the marring under Mississippi law. This means that the spouse cannot simply say that they no longer get along with the other person. Grounds for divorce in Mississippi are narrow and limited, including things such as habitual alcohol and drug abuse, adultery, insanity, habitual cruel and inhumane treatment, desertion, and bigamy.

If one spouse asserts a ground for divorce, the other may choose to contest or defend the allegations and convince the court that the allegations that have been made are not truthful. The defending spouse may also seek a divorce and counterclaim with contested divorce grounds. This can result in a long and difficult litigation between the spouses, and complex divorces based on fault can easily last several months or even years. The spouse who has asserted a ground for divorce routinely must prove their allegations by clear and convincing evidence. This is a somewhat higher standard of proof than in many other civil cases, which use the preponderance of the evidence standard.

After one spouse files a Complaint in Divorce, the opposing spouse will be given the opportunity to respond with an Answer and Counterclaim. After the filing of the complaint and answer, there may be a temporary hearing. The temporary hearing is designed to maintain the status quo of the parties and resolves issues relating to temporary use, possession and control of property, temporary child custody and support and temporary spousal support. The parties will then have time to conduct a process known as discovery. Discovery includes the ability to ask each other written questions and obtain documents, such as financial records. Discovery also includes conducting depositions, which are interviews taken under oath. After discovery is completed, a trial will occur in front of a Madison County judge. Both parties will have the opportunity to argue why a certain ground for divorce is, or is not, valid. Depending on the amount of evidence to be presented, these trials can last for a few days or weeks

It is sometimes possible for a party to request that the other spouse pay their attorneys’ fees, such awards do not always happen. Spouses seeking a contested divorce must also be aware that the process can be manipulated and delayed by a spouse who objects to the divorce, making it even more difficult for everyone to move forward with their lives. If you are concerned that you have a spouse who may engage in these types of tactics in order to make your divorce more difficult, it is important to talk with an experienced Ridgeland complex divorce attorney about what you can do to minimize such problems.

Seek Legal Guidance From a Knowledgeable and Experienced Attorney in Madison County

If you are considering divorce and believe that there is a good chance that your spouse will contest the divorce, it is very important that you retain a lawyer to represent you. Unlike irreconcilable differences divorce in Mississippi, a divorce that is contested requires participation in the litigation process and a lawyer who is an experienced advocate in the courtroom. An experienced complex divorce attorney can help Ridgeland residents gather evidence to support one or more grounds for seeking a divorce. At the Law Office of M. Devin Whitt, we understand the financial, emotional, and practical challenges that contested divorces present for Mississippi residents, and we are ready to fight for you. For more information, or to schedule an initial consultation with a complex divorce lawyer in the Ridgeland area, contact us online or at 601-607-5055.

Client Reviews
Devin handled my case with the attention and compassion you need when going through tough times in life. I always felt he had my back and fought for my best interests at all times throughout the ordeal. I would recommend Devin to anyone in need of an attorney. In fact, I already have! Keith C.
From the first time that I met Devin he was very friendly, courteous and passionate of being the Attorney that he would want serving him. He spent countless hours working to ensure that fair treatment was being delivered to me and my family. Very organized, timely, response to all my request. I had a very complicated case that extended longer than anticipated and he stayed on task, very optimistic, very driven for results and was able to deliver what I was seeking out for from the first meeting that I had with him. He never mislead me or promised me the world. He was very objective and realistic in what he felt he could deliver. I appreciate all that he did for me during this time and I will continue to use him for all of my future needs. If you family ever needs honorable, competent, caring representation in a case, then Devin Whitt is the Attorney you will be pleased with. Michael D.
Devin Whitt was very helpful and successful on achieving the desired results for my case! My case was over a year long, and Devin sought additional ways needed to solve my legal issues. He could’ve quit and said, “That’s the way it is”, but he continued to go to bat for me until he hit the HOMERUN. Even after the successful case, Devin called to check on me to ensure that I knew the additional steps needed to completely clear my name. Devin was prompt when returning phone calls. I have recommended Devin once and would HIGHLY recommend him to anyone regardless of their legal issues. If you want to be successful in your case, don’t look any farther. Pick up the phone and call Devin! Immediately!! Parker R.
My experience with Mr. Whitt was positive from the first moment I consulted with him. I can't think Mr. Whitt enough for his help with my custody case. He was attentive, thorough, and helpful throughout a difficult time for me. He always kept me updated with the progress of my case and made me feel as if we were working together as a team. He was always available to me when I had questions pertaining to the matter, and he was always willing to take the extra time to make sure I understood everything in the process. I highly recommend Devin Whitt! Jennifer N.
Attorney Devin Whitt is awesome! He told me that he was going to do his best, and his best exceeded my expectations! For excellent representation, I highly recommend Attorney Whitt! Althea S.
Devin Whitt is absolutely the person you need to call when needing representation in a divorce case! He is the reason today that i have full custody of my 3 boys. Devin fought when nobody else gave me any hope. These days when many attorneys will concede children over to alcoholic and drug addicted mothers Devin said NO! He stood up and fought for me and my boys and we won. Thanks to Devin they are now in a stable home with me and their step mother, doing well in school and bright futures ahead. The alternative would have been living with an alcoholic and drug addicted mother and boyfriend. Thank you Devin for all you have done for me and my boys! Do not hesitate, CALL Devin Whitt today and be represented by the best!. David A.