Divorce Law in Gulfport, MS
The emotional turmoil and legal complexities of divorce can leave you feeling uncertain. However, there’s hope on the horizon. This article will help you explore the essential elements of divorce law in Gulfport.
Read on and discover how to protect your rights, assets, and emotional well-being. You can move forward confidently toward a bright future with us today!
Issues Involved in Gulfport, Mississippi Divorce Law
There are many complicated issues that you need to settle during the divorce process. Many of these elicit strong emotions from one party or the other, resulting in volatility.
Dividing Property
Dividing property, debts, and assets is often one of the most challenging aspects of the divorce process. In states like , most items acquired during the marriage—such as real estate, bank accounts, vehicles, and investments—are considered marital property and subject to division.
Some states mandate an equal 50/50 split of marital property, while others follow an equitable distribution model. Under the equitable approach, the court evaluates each spouse’s contributions to the marriage before determining a fair division. This may result in a split that isn’t strictly equal but reflects what the court deems just.
Child Support
Both parents are responsible for paying for the care of their children. There is a child support guideline that helps determine how much each parent should contribute based on their income and the amount of time they spend with the children. Child support pays for things such as healthcare, food, clothing, and other basic needs.
Mississippi uses several guidelines to determine child support payments for parents from Gulfport. The primary factors include combined income, the number of children, and the cost of healthcare. This calculation works to ensure adequate care for the child within current means.
Alimony
Alimony, or spousal support, can vary dramatically depending on the marriage, and Gulfport, MS divorce law court looks at multiple factors when determining the amount and length of alimony, including:
- A spouse’s need and the other spouse’s ability to pay
- The age and health of each spouse
- The length of the marriage
- Each spouse’s earning capacity and level of education
- The division of property
- Parental responsibility of the children
- Sole investments and assets of either spouse
The best interest of a child has definitions under Mississippi law. Judges in Gulfport can consider factors like the child’s age, health, and safety. Furthermore, the court can assess their existing relationship with parents and siblings.
Child Custody and Visitation
Child custody is perhaps the most emotional issue during a divorce that involves children. The most important thing to keep in mind is that the court bases all decisions on what is in the best interest of the child. Keeping this in mind may help navigate the rough waters of custody.
Mississippi does have a form of no-fault divorce currently. Gulfport residents have the option to file on the grounds of irreconcilable differences.
Generally, Gulfport, Mississippi courts award joint legal custody giving both parents the legal right to make decisions for the children, such as education, medical care and religious practices. Legal custody has nothing to do with physical custody or visitation. Joint custody does not mean both parents split time with the child evenly, just as Sole legal custody does not bar the non-custodial parent from visiting the child.
The Process of Going Through Divorce Law in Gulfport, Mississippi
Are you leaning towards getting a divorce from your partner? If so, it is important to understand the necessary steps of the divorce law process.
Step 1: File the Divorce Law Petition
The divorce law process begins when one spouse files a legal petition to terminate the marriage. The petition must include:
- A legal reason for divorce (grounds for divorce)
- A statement that shows at least one spouse meets the state’s residency requirements for divorce
- Other statutory information your state requires
Most states offer the option for filing a no-fault divorce, which does not require a legal reason for the divorce.
Mississippi does have a form of no-fault divorce currently. Gulfport residents have the option to file on the grounds of irreconcilable differences.
Step 2: Request Temporary Orders
The divorce law process in Gulfport can take several months, but temporary orders can be requested and approved for a multitude of reasons, including:
- Child custody
- Child support
- Spousal support
- Property restraining orders
- Status quo orders
Request temporary orders as quickly as possible so you are not absent the resources or protection that you need.
Step 3: Serve Your Spouse and Wait for Their Response
If you are the one who files a divorce petition, you must have your spouse served with their divorce law papers and then file a proof of service with the courts. If your spouse accepts service, then they need to fill out an affidavit to that effect. However, in many cases, the petitioner must hire a process server or sheriff to formally serve the petition on the other spouse. It is this third party who then records the proof of service.
Step 4: Try To Come to an Agreement
The best outcome for anyone going through this process is to have an uncontested divorce, meaning both spouses agree on all issues.
This can be reached between both partners or with the help of a mediator. Not only will this save each spouse money, but there will typically be a lot less animosity.
Step 5: Go To Court
If you and your spouse are unable to reach an agreement, then the case continues before a Gulfport, MS judge. While there is some benefit to having a judge hand down orders, it may also be a detriment as there is little to no control of the agreement by the parties.
Divorce cases from Gulfport normally go to the Chancery Court of Harrison County. This court has jurisdiction over family law matters, including divorce, child custody, and property division.
Step 6: Receive the Judgement of Divorce
The divorce law trial will end with the official judgment of divorce, ending the marriage. This final dissolution of marriage sets out the details about property and debt division, child custody, and all relevant issues between the couple.
Work With an Experienced Gulfport, Mississippi Divorce Law Attorney
If you are going through a divorce and are unable to reach an agreement with your partner, you should hire an experienced Gulfport divorce law attorney. A lawyer will fight for you and make sure you get what is yours. We can even help you connect with an attorney across Mississippi state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
