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Alimony: the Landscape Has Changed

Fifteen years ago, a mother of three, married to a physician for 25 years could be almost certain of receiving permanent alimony, but not any more. Ironically, this change seems to stem from the... The...

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Children Cannot Sue for Alienation of Affections

“Alienation of affections” is a court-created claim in Mississippi for spouses to sue the lover of their spouse for ruining the marriage. Most states have dropped this claim, but Mississippi has held...

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Don’t Ignore Past-due Divorce Obligations

Sometimes people wait on going to court over divorce obligations. Waiting longer than 7 yeans can prove costly. Under Mississippi Code Annotated section 15-1-43, [a]ll actions founded on any judgment...

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If You Get a Divorce Summons, You Better Get to a Lawyer Right Away!

Legal proceedings are started with the filing of a written “Complaint.” The Complaint is then “served” upon the defendant by a person over 18, along with a written, legal command to appear in the......

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Using Separate Funds for the Family Does Not “Commingle”

Many people think that using funds which are clearly separate property “commingles” the separate property fund itself. This is not the case. Any funds taken from a separate account become commingled by...

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What is “Drunkenness” for Divorce?

There is not much case law on what it takes to get a divorce on “habitual drunkenness,” so the recent case of Lee v Lee, No. 2013-CA-00609-COA (11/25/14) is instructive. The court quoted the... The...

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A Divorce Mistake You CAN’T Make

One thing that is almost impossible for a divorce lawyer to fix is an item of personal property that “disappears.” If a person thinks their marriage is in trouble; if there is a lot... The post A...

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Legislature Changing Divorce Law, or Meaningless Gesture?

House Bill 185 seeks to amend Mississippi’s divorce statute to add language that says that a divorce on habitual cruel and inhuman treatment may be granted where there is “excessive verbal, mental,...

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MS Supreme Court Punts on Same-sex Divorce

Yesterday, the Mississippi Supreme court stayed a case before it challenging the trial court’s denial of a divorce to a same-sex couple lawfully married in California. The Court is awaiting decision on...

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Is voting for Hillary (or Donald) grounds for divorce?

On a late-night conservative talk show, the host solicited “confessions” from voting viewers. One of the viewers wrote that he told his wife that if she voted for Hillary it would be grounds for... The...

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