Law Offices of Malouf & Malouf, PLLC Divorce Attorneys’ Frequently Asked Questions

If find yourself involved in a divorce process, willingly or otherwise,  you will  have many questions. The divorce attorneys at Malouf & Malouf in Jackson, Mississippi work closely with clients to answer their questions and guide them thru the process. Each divorce is unique and the outcome of your case will depend on your unique circumstances. Clients will have to be informed about division of debts and assets, child custody, alimony, and how to file and when. Malouf & Malouf are divorce lawyers who can help. The answers to the questions below are meant to offer only general guidance and cannot replace the advice of a qualified divorce lawyer.

   

1. How do I file for divorce in Mississippi? To file for divorce in Mississippi, you must first meet residency requirements, which means that you must have been a resident of the state for at least 6 months. Mississippi is one of the states that doesn’t have a “no fault” divorce option. To file for divorce, you must prove one of 12 grounds for divorce, unless your spouse is agreeable to a no fault divorce. The divorce attorneys at Malouf & Malouf in Jackson, Mississippi can help you understand your options.
2. What are the “grounds” for divorce in Mississippi? There are 12 grounds for divorce in Mississippi. The grounds for divorce include: natural impotency, adultery, incarceration, abandonment, habitual drunkenness, habitual drug use, habitual cruelty, idiocy, bigamy, pregnancy by another person at the time of the marriage, incest, and incurable mental illness.
3. How is property divided during a Mississippi divorce? Mississippi law allows  for the equitable division of property. Equitable doesn’t  mean equal, it means fair. When dividing property, your divorce lawyer will need to help you distinguish between marital property and separate property, which can sometimes be a challenge, especially if you have been married for some time, have comingled many accounts, or have made improvements to property you owned before the marriage. Malouf & Malouf are experienced divorce lawyers  who will  review your situation, look at any prenuptial agreement you may have, and help you understand your rights when it comes to dividing property during divorce.
4. How are debts divided during divorce? Only debts that are considered marital debts will  be divided during the divorce. Sometimes it can be complicated to distinguish between marital debts and separate debts. If you have questions about which debts are subject to division during your divorce speak to Malouf & Malouf, divorce lawyers in Jackson, Mississippi today. Many couples who have acquired student loan debt after they were married may wonder whether they are entitled to split these debts or whether these debts are separately owed. Malouf & Malouf can help you determine how the borrowed money was used to better understand which debts are separate and which are marital. When it comes to student loan debts, money used for living expenses may be considered shared debts, while money used for books or courses may be considered separate debt even if it was acquired during the marriage.
5. Who gets the family home during a divorce? Deciding what happens to the family home involves negotiation and sometimes needs to be brought before a judge. Some couples choose to  sell the family home and split the proceeds. Often one spouse may buy  out the other party for their share of the home. Before making decisions about the family home, it is important to determine whether you could afford to own and pay for the home on your own, or whether it is better to sell the home when you divorce. Malouf & Malouf are divorce attorneys in Jackson, Mississippi who may be able to walk you through your options.
6. Am I entitled to receive alimony? If one partner earns  significantly more  than the other and if the marriage has been long-lasting the lower-earning spouse may be entitled to alimony. Alimony isn’t awarded in all cases where there is an earnings imbalance. Contact Malouf & Malouf, divorce lawyers in Jackson, Mississippi who can assist you with your case if you believe you may be entitled to alimony. Whether you are entitled to receive alimony will depend on many factors, including,  the length of your marriage, financial earnings of the parties, etc.   A prenuptial agreement  may preclude alimony.
7. How are child custody decisions made? Child custody decisions are best made outside of court, with the assistance of each parent’s lawyer. Having  a child custody dispute tried in  court could result in an outcome that neither parent may want. When courts make child custody decisions, they base these decisions on the best interests of the child. If you have questions about your rights and responsibilities regarding child custody, reach out to Malouf & Malouf, divorce lawyers in Jackson, Mississippi who can help you with your case.
8. How is child support determined? Child support is determined using formulas that take into account each parent’s financial situation. However, sometimes couples might make additional arrangements in their divorce agreements to ensure that their children’s college is paid for and to ensure that additional expenses are covered. Malouf & Malouf can help you resolve the financial aspects of your divorce and child custody.
9. How long will it take to get divorced? How long it will take to finalize your divorce will depend on the complexity of your case and whether your divorce is contentious.
10. Do I need a divorce lawyer in Mississippi? In general, it is a good idea to get legal advice if you are getting divorced. While it is possible to file for divorce without a lawyer, the courts won’t necessarily be able to assist you with any questions you might have. If you fail to take advantage of certain rights, you could lose those rights when your divorce is finalized. Malouf & Malouf are divorce attorneys in Jackson, Mississippi who can review your case, help you understand your options, and fight to help you get the best possible divorce settlement permitted under the law.