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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