DivorceMag: Mississippi FAQs

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Frequently Asked Questions About Divorce

"In terms of allocating assets, what’s more valuable: my marital property, spousal support, or part of my spouse’s pension?"

There’s no single answer to this critically important question, because it really all depends on how much each is valued today, and just as importantly, how much they’ll be worth in the future. Indeed, while the house may seem like…

"I have been the sole provider for my child. The father's name is not on the birth certificate. Does this automatically give me full custody?"

Divorce lawyer Marshall Waller answers: " You do not "automatically" receive custody of your child in any contested environment. Obviously, you are your child's mother, and as such, you maintain custodial control over your child unless a court order states otherwise. In your case, the child was born to you, you took the child home with you and are raising it, and most importantly, no one is challenging this arrangement. As such, you have "de facto" full custody.

At some point, the father may show up and want involvement in the child's life, and he may at that time challenge the existing arrangement. In the midst of any controversy between you and the child's father, a court will have to determine the custody arrangement..."

"My ex and I tend to adhere to our visitation schedule pretty closely. But sometimes, when I do need a little flexibility, she won't 'give.' What can I do?"

Divorce attorney Stacy Phillips answers: "It's time to get your best diplomacy skills in order. The marriage is over, but raising the children isn't. Here are some suggestions:

Letters

If your ex is inflexible, try writing kind and thoughtfully-worded letters that reflect your requests. A dialogue on the subject may spark an altercation. Respectful correspondence is a great start -- assertive is fine; aggressive is not.

Conversations

If you do contact your spouse regarding any schedule changes by phone, or discuss the request in person, be polite and courteous at all times, especially if he or she isn’t. This approach could play a major factor in getting you what you want..."

"How is child custody decided?"

Divorce lawyer Georgine Brave answers: "If the parties agree on a parenting plan, the judge will make it into an order. Generally, the parents will share joint legal custody: this means that they both shall participate in decisions about the children's medical and educational needs. Each parent should be listed on the school's forms and each parent can take the children to the hospital, to the doctor, participate in school activities, and so on.

Physical custody, or physical residence, is where the children will live. If there is a dispute, the parties must see a counselor at Family Court Services. This mediation is free. The counselor tries to lead the parents to an agreement. If not, he/she will write a recommendation which goes to the judge; about 95% of the time, the judge will follow that recommendation..."

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