Frequently Asked Questions About Family Law Issues

Few life events bring more upheaval to one's life than divorce. It can be a confusing and frustrating time, and you may have many questions about what to expect. At David Butts Law Firm, we have over 40 years of experience answering legal questions. Common questions about family law and divorce include:

What grounds can you use for a divorce in Mississippi?

Many people choose to work out the terms of their divorce on their own in a no-fault, uncontested divorce, where you don't need grounds for the divorce beyond "irreconcilable differences." If you and your spouse cannot agree, however, you will have a contested divorce. That means that the court may find one party at fault. Most contested divorces are based on the following grounds:

  • Adultery
  • Desertion for at least one year
  • Ongoing cruel and inhuman treatment

In these cases, the judge will also decide issues of custody and property division.

What is "equitable distribution"?

The term equitable distribution refers to the way Mississippi courts divide marital property in a divorce. It simply means the courts will try to find a fair way to divide the property. An experienced lawyer will advocate for you during this process to make sure the division is fair.

Will I still be able to see my children?

For most parents, this is the biggest question they have when facing divorce. Your children are the most important thing in your life and you don't want to lose your relationship with them during the divorce process. Men especially fear the courts may have a bias toward mothers in these cases. The good news is that your spouse or the court would have to find a compelling reason to keep you from your children. The court should always be looking at the best interest of the child. With the assistance of an experienced divorce attorney, you should be able to establish a positive custody arrangement for you and your children.

Will I have to pay child support?

The court uses guidelines set out by Mississippi law to determine who pays child support and how much. In general, if the child lives with one parent most of the time, the other parent will pay some child support, based on the noncustodial parent's income and how many children the couple shares.

Schedule A Free Consultation Today

If you still have questions about family law and divorce, meet with David Butts for a free initial consultation. Call our Tupelo office at 662-269-5451 or send us an email.