There are more than one avenue to getting a divorce on the grounds of Irreconcilable Differences in Mississippi. However, each avenue ultimately involves the parties reaching some form of agreement. The avenues to a Irreconcilable Differences divorce are:
1. Complete agreement from the outset. This involves both parties signing a Joint Complaint for Divorce, a Marital Dissolution Agreement (aka Property Settlement Agreement), and a Judgment of Divorce. The Joint Complaint is filed and must remain on file for sixty (60) days prior to a divorce being finalized.
2. Agreement to obtain divorce from the outset (sort of). This involves both parties agreeing to a divorce on Irreconcilable Differences. However, they can’t agree to all terms of property division, or support, or custody, so they enter into an agreement stipulating all matters that they do agree upon, and stipulating that the Court shall hear and decide all matters which the parties cannot agree upon. Thereafter, the Court will hold a hearing where both parties put on evidence regarding those things they have submitted to the Court for a decision.
3. Adversarial proceeding at the outset. This can ultimately end up as an Irreconcilable Differences divorce in the following ways:
a. Both parties file complaints for divorce on fault grounds against the other, with irreconcilable differences plead in the alternative. At some point after the commencement, both parties reach an agreement in writing (called a Marital Dissolution Agreement or Property Settlement Agreement), sign a Consent to Divorce on Irreconcilable Differences, sign a Joint Motion to Withdraw Fault Grounds and Denials, and sign a Judgment of Divorce. The initial complaint starting the proceeding must still be on file for sixty (60) days before the divorce can be finalized.
b. One party files a complaint for divorce on fault grounds, with irreconcilable differences plead in the alternative, and the other party comes in and agrees to a divorce on Irreconcilable Differences. The parties can then agree to all terms of property division, support and custody issues (as in #1 above), or the parties can agree to some of the terms of the property settlement and a consent to allow the Court to decide all matters not agreed upon (as in #2 above).
For more information, visit our website at http://www.showspowell.com/.
Wednesday, June 30, 2010
Friday, June 25, 2010
Five Common Misconceptions of the Mississippi Irreconcilable Differences Divorce
1. One person can get a divorce on the grounds of irreconcilable differences over the objection of the other. Not true. A divorce on the grounds of irreconcilable differences requires consent by both parties.
2. When you get a divorce on the grounds of irreconcilable differences, you are divorcing your spouse. Partially true. When a court grants a divorce on the grounds of irreconcilable differences, both parties are divorcing the other. Most divorce decrees are written that way. Therefore, one spouse is not divorcing the other; instead, both spouses are divorcing each other. Perhaps for some this is not an important distinction, but for others it is important.
3. You have to agree on everything to get a divorce on irreconcilable differences. Not true. You can submit to the court those issues which you and your spouse cannot agree upon and allow the court to decide these issues. For example, you both know that you want out of the marriage, and can agree on a divorce on the grounds of irreconcilable differences. However, you can’t agree on: custody of the children; the amount of child support; alimony; who gets the house and who pays the mortgage; who pays the credit card debt, or how the credit card debt should be divided; how the furniture, furnishings and other personal property is divided; etc. However, to submit these unresolved issues to the court, you must enter into a stipulation that is in writing agreeing that these issues are to be decided by the court.
4. Irreconcilable differences is a ground for divorce. True - with a twist. It is a ground for divorce as set forth in the statute at M.C.A. Section 93-5-2. However, irreconcilable differences is not a fault grounds that one person can prove against the other. See #1 and #2 above.
5. If both parties agree to the terms of the divorce, the court will automatically approve the divorce. Not true. This is especially not true pertaining to unusual child custody arrangements or agreements where a non-custodial parent is not going to pay any child support. The court is not in the habit of rubber-stamping agreements that do not make adequate and sufficient provision for the care, custody and support of the minor children.
For more information, please visit our website at http://www.showspowell.com/.
2. When you get a divorce on the grounds of irreconcilable differences, you are divorcing your spouse. Partially true. When a court grants a divorce on the grounds of irreconcilable differences, both parties are divorcing the other. Most divorce decrees are written that way. Therefore, one spouse is not divorcing the other; instead, both spouses are divorcing each other. Perhaps for some this is not an important distinction, but for others it is important.
3. You have to agree on everything to get a divorce on irreconcilable differences. Not true. You can submit to the court those issues which you and your spouse cannot agree upon and allow the court to decide these issues. For example, you both know that you want out of the marriage, and can agree on a divorce on the grounds of irreconcilable differences. However, you can’t agree on: custody of the children; the amount of child support; alimony; who gets the house and who pays the mortgage; who pays the credit card debt, or how the credit card debt should be divided; how the furniture, furnishings and other personal property is divided; etc. However, to submit these unresolved issues to the court, you must enter into a stipulation that is in writing agreeing that these issues are to be decided by the court.
4. Irreconcilable differences is a ground for divorce. True - with a twist. It is a ground for divorce as set forth in the statute at M.C.A. Section 93-5-2. However, irreconcilable differences is not a fault grounds that one person can prove against the other. See #1 and #2 above.
5. If both parties agree to the terms of the divorce, the court will automatically approve the divorce. Not true. This is especially not true pertaining to unusual child custody arrangements or agreements where a non-custodial parent is not going to pay any child support. The court is not in the habit of rubber-stamping agreements that do not make adequate and sufficient provision for the care, custody and support of the minor children.
For more information, please visit our website at http://www.showspowell.com/.
Wednesday, June 16, 2010
The Don’ts of Paying Child Support in Mississippi
(1) Don't be late in paying. The custodial parent has the right to expect your compliance with the court order, and has the right to rely on the expectation that the child support will be paid on or by a certain date so they can properly budget and spend the money for the benefit of the child.
(2) Don't pay the wrong amount. See number 1 above.
(3) Don't pay it in cash. This makes it too easy for the custodial parent to lie saying they never received the child support, or alternatively too hard for you to prove that you actually paid the child support. Cancelled checks and money order receipts are much better evidence of your payment of the child support than your word.
(4) Don't regret having to pay it. You should want to support your child to make certain they are properly cared and provided for. What kind of parent are you if you don’t want the best for your child?
(5) Don't pay it when you want to. See number 1 above.
(6) Don't wait until all of your other bills are paid to see if you have enough to pay it. You should pay it first before your other bills are paid. That way you won’t be put in the unpleasant position of having to explain to the Judge why you didn’t pay it. You can go to jail for not paying your child support.
(7) Don't try to dictate to the custodial parent how they spend the child support. Its none of your business so long as the child is being properly provided for. You gave up the right to have a say in how the custodial parent spends the money when you divorced or didn’t get married after having reproduced with them.
(8) Don't ignore the child support obligation if you lose your job. Get a lawyer immediately and file a petition for modification based on the change in circumstances and your inability to pay. Ignoring your child support obligation only makes it worse.
To learn more visit our website at http://www.showspowell.com/.
(2) Don't pay the wrong amount. See number 1 above.
(3) Don't pay it in cash. This makes it too easy for the custodial parent to lie saying they never received the child support, or alternatively too hard for you to prove that you actually paid the child support. Cancelled checks and money order receipts are much better evidence of your payment of the child support than your word.
(4) Don't regret having to pay it. You should want to support your child to make certain they are properly cared and provided for. What kind of parent are you if you don’t want the best for your child?
(5) Don't pay it when you want to. See number 1 above.
(6) Don't wait until all of your other bills are paid to see if you have enough to pay it. You should pay it first before your other bills are paid. That way you won’t be put in the unpleasant position of having to explain to the Judge why you didn’t pay it. You can go to jail for not paying your child support.
(7) Don't try to dictate to the custodial parent how they spend the child support. Its none of your business so long as the child is being properly provided for. You gave up the right to have a say in how the custodial parent spends the money when you divorced or didn’t get married after having reproduced with them.
(8) Don't ignore the child support obligation if you lose your job. Get a lawyer immediately and file a petition for modification based on the change in circumstances and your inability to pay. Ignoring your child support obligation only makes it worse.
To learn more visit our website at http://www.showspowell.com/.
Monday, June 14, 2010
The "Do's" of Paying Child Support in Mississippi
Do:
(1) Pay it on time. The custodial parent (and child) need to know that they can depend on the child support being received at the same time each month so they can properly budget and timely pay bills and expenses.
(2) Pay the correct amount. Just as above, the custodial parent (and child) rely on the same amount of money each month to budget and timely pay bills and expenses.
(3) Pay it by check or money order. You want some proof via canceled check or money order receipt that you paid it.
(4) Pay it willingly and happily. This is for your child, which you had a part in creating. What a wonderful example to the child of your love if you demonstrate that you are happy to support them.
(5) Pay it because you love your child(ren).
(6) Pay it according to the latest court order. The latest court order dealing with child support controls.
(7) Pay it consistently. See numbers 1 and 2 above.
(8) Make it a priority. Pay it first. Its not paid only if you have money left over to pay it. Its paid even if you don’t have the money to pay your other bills.
(9) Understand that you ordinarily have no say in how the custodial parent spends the child support. Just because you pay child support does not give you the right to be a dictator as to how and when the money is spent on your child. However, if you find out the child support is being used to support an addiction such as drugs, alcohol, or gambling, continue to pay your child support but immediately seek legal advice for your options.
(10) Communicate with the custodial parent if a problem arises with regards to paying the child support on time. If you suddenly have a problem such as losing your job, reduced hours, etc., and you have been consistent with paying your child support, the custodial parent will be more understanding and willing to work with you until the problem is resolved. If you are not consistent, you are less likely to receive understanding and compassion from the custodial parent.
To learn more visit our website at http://www.showspowell.com/.
(1) Pay it on time. The custodial parent (and child) need to know that they can depend on the child support being received at the same time each month so they can properly budget and timely pay bills and expenses.
(2) Pay the correct amount. Just as above, the custodial parent (and child) rely on the same amount of money each month to budget and timely pay bills and expenses.
(3) Pay it by check or money order. You want some proof via canceled check or money order receipt that you paid it.
(4) Pay it willingly and happily. This is for your child, which you had a part in creating. What a wonderful example to the child of your love if you demonstrate that you are happy to support them.
(5) Pay it because you love your child(ren).
(6) Pay it according to the latest court order. The latest court order dealing with child support controls.
(7) Pay it consistently. See numbers 1 and 2 above.
(8) Make it a priority. Pay it first. Its not paid only if you have money left over to pay it. Its paid even if you don’t have the money to pay your other bills.
(9) Understand that you ordinarily have no say in how the custodial parent spends the child support. Just because you pay child support does not give you the right to be a dictator as to how and when the money is spent on your child. However, if you find out the child support is being used to support an addiction such as drugs, alcohol, or gambling, continue to pay your child support but immediately seek legal advice for your options.
(10) Communicate with the custodial parent if a problem arises with regards to paying the child support on time. If you suddenly have a problem such as losing your job, reduced hours, etc., and you have been consistent with paying your child support, the custodial parent will be more understanding and willing to work with you until the problem is resolved. If you are not consistent, you are less likely to receive understanding and compassion from the custodial parent.
To learn more visit our website at http://www.showspowell.com/.
Thursday, June 3, 2010
Favorite Movie Line Regarding Cheating Spouses
From the movie "The Family Man" starring Nicolas Cage and Tea Leoni: "Fidelity Bank of Trust is a tough creditor. You make a withdrawal there and they close your account forever."
Lots of truth there.
Lots of truth there.
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