ASPECTS OF FAMILY LAW
Fault and No-Fault Divorce
Though a No-Fault Divorce is a more simple process, this option requires cooperation from your partner. If your partner is unwilling to agree to a divorce based on irreconcilable differences, you must show cause for divorce. While there are twelve fault grounds, we have found that only five are typically applicable: Habitual Cruel and Inhumane Treatment, Habitual Drug Use, Adultery, Desertion, and Habitual Drunkenness.
Considerations with Minor Children
If minor children, which includes any children under the age of 21 in Mississippi, are involved, if the parties can agree on custody, the court will likely approve the terms worked out among the parties. If a court is left to determine custody, however, judges follow and apply the Albright Factors, which includes the age and health of child, the age and the health of each parent, the moral fitness of each parent, employment, and the continuity of care of the child--which parent has had the most hands-on responsibility in nurturing the child. In many cases, the wishes of the child are also considered.
Terminating Biological Parents' Rights
In Mississippi, the biological parents' legal rights must be terminated before you can proceed with an adoption. There are several ways to terminate these rights, the easiest of which is to obtain consent from the biological parents. Alternatively, parental rights can be terminated after the death of the biological parents, or you can convince a judge that you have statutory grounds for involuntary termination of parental rights.
Modifications to Existing Decrees
We can also help with modifications and enforcement of existing divorce decrees. Some common post-divorce modifications that require a court judgment involve modification for child support, change of custody for a child because of change of circumstance for a parent, or alimony due to material change or a change in the law. Enforcing degrees involves a complaint for contempt case for the party seeking to enforce provisions of the divorce decree if the other party is violating the terms.