FAQ’s

Common questions about family law and the legal process.

What is the process for filing for divorce?

Filing for divorce begins with submitting a petition/complaint for divorce in the appropriate court. The petition/complaint outlines the grounds for divorce and any requests regarding child custody, spousal support or property division. Once the petition/complaint is filed, it must be served to your spouse. If your spouse agrees with the terms, the process may be simpler, but if they contest it, the case may proceed to court and require further filings and expense.

How is child custody determined?

Courts prioritize the best interests of the child when determining custody. Factors include each parent’s ability to care for the child, the child’s relationship with each parent and the child’s home environment. In some cases, the child’s preference may also be considered, depending on their age and maturity.

Can I file for legal separation?

Mississippi does not recognize legal separation. However, you can file for separate maintenance which is a judicial command for a spouse to either resume cohabitation or pay support to that spouse in a manner in which they have become accustomed. There are many technicalities around an award of separate maintenance but the main one is the other spouse cannot be at fault in the marriage.

Can I modify child support or spousal support after a court order?

Yes, support orders can be modified if there is a significant change in circumstances, such as a change in income, job loss or a change in the needs of the child or spouse. You will need to file a motion with the court and provide evidence of the change in circumstances.

How are assets and debts divided during a divorce?

Mississippi is what is known as an “equitable distribution state.” In most states, marital property (assets acquired during the marriage) is divided equitably, though not always equally. Debts incurred during the marriage are generally considered joint obligations and are divided between both spouses. The court considers factors like the length of the marriage, each spouse’s financial situation and contributions to the marriage when dividing assets and debts.

What happens if my ex-spouse doesn't pay child support?

If your ex-spouse fails to pay child support as ordered, you can seek enforcement through the court. Often times a Petition for Contempt is filed. The Court may take measures such as wage garnishment, withholding tax refunds, suspending a driver’s license to collect unpaid child support, or jail.

Do I need an attorney for my divorce or custody case?

While it’s possible to represent yourself, family law cases can be complex, and the outcomes significantly impact your life and family. An experienced family law practice, like Meacham Law, can help protect your rights and ensure the best possible outcome for your situation. We also handle the legal complexities so you can focus on your family.

How is the amount of spousal support determined?

Spousal support (alimony) is typically based on factors such as the length of the marriage, each spouse’s income and earning potential, the standard of living during the marriage and each spouse’s needs. The goal is to ensure that both parties can maintain a reasonable standard of living post-divorce.

What should I expect during mediation?

Mediation is an alternative dispute resolution process where a neutral third party helps you and your spouse reach agreements on issues such as property division, child custody and support. It is less adversarial than going to trial on the issues and can save time and legal fees. If an agreement is reached, it is then submitted to the court for approval.

How much does a family law case typically cost?

The cost of a family law case varies based on factors such as the complexity of the case, the level of conflict between the parties and whether the case goes to trial. Meacham Law’s consultation fees are as follows:

  • Malenda Harris Meacham – $300 for up to one hour
  • Anne Jackson – $250 for up to one hour

Keep in mind that uncontested cases typically cost less than those that are contested.

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