Separate Maintenance in Mississippi
Counsel from Our Family Law Attorneys in Jackson
Separate maintenance is awarded to a spouse who is not at fault in the separation and is financially dependent on the other spouse. The spouse seeking the award does not have to be blameless in the separation; however, his or her conduct could not have materially contributed to the separation. Separate maintenance is generally applicable in situations where one spouse wants to remain married, but the other refuses to reconcile and has moved out of the home. It is essentially a judicial command to the spouse to either move back into the home or provide support to their spouse until the marriage is reconciled.
Separate maintenance awards are terminated upon the following events:
- Reconciliation of the marriage
- Death of either spouse
- Divorce of the parties
- Payer makes a genuine offer of reconciliation and the recipient refuses.
For more information about how our Jackson family law attorneys can help you, call us today at (601) 522-2222.
Mutual Consent for Divorce in MS
In many states, there is no need for separate maintenance proceedings because of the enactment of true no-fault divorce proceedings. While other states only require one spouse’s consent to obtain a divorce, Mississippi is different. Unfortunately, in our state, both parties must consent to a divorce unless the divorce is granted on fault grounds. In some cases, fault grounds are non-existent or difficult to prove. It is not uncommon for a couple to live separately without any prospect for divorce. Thus, separate maintenance remains a viable cause of action in Mississippi.
Seasoned Advocates You Can Count On
At the Law Offices of Malouf & Malouf, PLLC, we want to help you get the support you need to maintain your family in a difficult time. Issues of separation can be complex, but our skilled legal team has the experience and legal acumen to earn a favorable outcome. We proudly serve clients throughout Mississippi.
Our firm is happy to offer you a confidential case evaluation. Contact our Jackson family lawyers today to see how we can help.