Mississippi Family Law

Mississippi laws are created and revised by the actions of lawmakers and the courts, as in other states. Click on the links below to learn more information.

1.State statute	Mississippi Code § 93-5-1
2. Fault or no-fault (typically when a state allows fault based and no-fault divorce, fault based divorces require no separation period.	Fault based and no-fault
3. Equitable distribution or community property	Equitable Distribution
a. Methods of apportionment	The Court
i. Periera and Van Camp in CA
b. Property distribution factors	http://msfamilylaw.blogspot.com/2009/12/how-is-marital-property-divided-upon.html
4. Legal separation?	No
a. Waiting period/Separation period	None
5. Is mediation required
6. Forms used	Mississippi Forms
7. Alimony guidelines and factors	Spousal
Alimony formula	Guidelines
a. Types	"Court may change decree or make new decrees as case requires MS ST § 93-5-23"
b. Term Limits	Guidelines
Cohabitation
c. Imputing income
d. Change in circumstances
e. Ceases on retirement	Retirement
Impute income on early retirement
Early retirement for health reasons is involuntary
f. Definition of income
8. Child support factors and guidelines	Child Support Guidelines
9. Child support calculator	Child Support Calculator
10. Lump Sum  Support allowed?
11. Valuation
a. Valuation date	Trial
b. Goodwill divisibility	Goodwill never divisible -   Singley  v. Singley, 1999-CT-00754-SCT (Miss. 6-12-2003). Watson v. Watson, 882 So.2d 95
c. Standard of value	Since 1994, in divorce cases, Mississippi chancery courts have applied the doctrine of equitable distribution when dividing marital property.  First, the Chancellor must classify what is marital property and what is non-marital property.  Then, after the property is classified, the Chancellor will value the marital property using expert testimony when necessary, and attempt to reach a fair division of the marital assets.  During this stage, marital assets should be assessed their fair market value.  Ferguson, 639 So. 2d at 929.
d. Discounts	Yes
e. Shareholder/partner agreements
12. Double dip	Impermissable double dip, occurs with personal and enterprise goodwill, therefore all is excluded from marital estate.
a. Stock options
b. Retirement accounts	Impermissable - Brown v. Brown, 574 So. 2d 688 (Miss. 1990)
c. Child support
13. Key cases
14. Premarital agreements
15. Common law	Common law marriage in Mississippi is no longer recognized by the state, and until recently, the court would not consider property division settlements.  Now, Mississippi law on common law marriage still forbids the type of marriage, but a court may now recognize the marriage within a divorce or settlement procedure in certain circumstances.

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