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One of the most common questions divorce lawyers get is, Does it make any difference whose name the property is titled in? For the most part, the answer is, No, it does not make any difference whose name the property is titled in. The second most asked question is, Because I earned this money doesn’t it mean that I get to keep all of it? Again, the answer is, No, for the most part it doesn’t mean you get to keep all of it.
Mississippi is an equitable distribution state. This means that regardless of whose name an asset is titled, the Court is charged with the duty of looking at the entire makeup of the marital estate in making a determination as to what a fair order for divorce will include. The marital estate is basically everything that is acquired, both assets and liabilities, during the course of a marriage.
Upon dissolution of a marriage, the court has the authority to divide real and personal property and to award periodic, lump sum, and/or rehabilitative alimony.
In order to file for divorce in Mississippi, a party must give grounds for divorce and prove them with evidence or testimony. Mississippi recognizes the following grounds for divorce: irreconcilable differences (which is no-fault) and other grounds that include impotence, adultery, incarceration, felony conviction, drug or alcohol abuse, insanity for at least a three-year period, the wifes pregnancy by someone else without the husband being aware, willful desertion for at least one year, cruel and inhuman treatment, incest, and one spouse lacking the mental capability to consent to terminate a marriage.
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"A Plain English Guide to Protecting Your Children"
Author: Mary L. Boland, Attorney at Law
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