FREQUENTLY ASKED QUESTIONS

 

  How often do you bill clients?

For each client, a Retaining Agreement is signed which, among other things, details the billing procedure. Billing occurs each month.

 

 What is the cost of a divorce?

My common answer is "how high is up?" While not being flip about such a serious subject, it simply is impossible to gauge the cost of a divorce. Rare is the case when a joint complaint, agreement and Judgment may be prepared and the parties sign off on it. I am frequently met with a party who proclaims they are in agreement only to have the "agreement" fail because there is no meeting of the minds. Of course, when there are no minor children and few assets, the agreement is typically straight forward and not difficult to divide the marital estate. When custody issues, complex issues of property settlement or alimony must be handled and dealt with, the costs likewise increase. Yet another factor is the other spouse and whether funding is available to him/her to finance protracted litigation.


 

 How long do you have to be married to receive alimony?

Mississippi is in transition as it relates to alimony. There is no specific time period to receive alimony. The measure formerly was the lifestyle the payee spouse had grown accustomed. Whether alimony is awarded is determined by the outcome in the division of property and the Armstrong criteria.

 

 Timing of a divorce? (How long will it take to get a divorce?)

The minimum time for an irreconcilable differences divorce is sixty days after filing a joint complaint or service upon the defendant. In a contested matter, the litigation will be protractred as a consequence of the parties engaging in discovery or handling matters of a temporary nature before the Court. Discovery is the means by which parties seek through questions or documents from the other party or a third party to inquire into mattes such as grounds, custody and finances.

 How long can I receive child support?

Child support terminates as to that child upon emancipation. The age of majority in Mississippi is twenty-one (21) years of age. However, a child may be emancipated prior to that time. Parties may contract for child support to continue pas the age of twenty-one (21).

 

 What is community property?


Community Property is a method of dividing property utilzed in states such as Louisiana, Texas and California. By "case made" law, Mississippi is an Equitable Distribution state.
 

 What are fault grounds?


Fault grounds are set forth by statute in Mississippi which recites twelve different grounds. The most often used are habitual cruel and inhuman treatment, adultery and desertion. On rare occasions, habitual drunkenness and habitual use of drugs. Except for habitual cruel and inhuman treatment, all must be proven by clear and convincing evidence while HCIT must be proven by a preponderance of the evidence.
 

  

 

 

© 2012 by Lawyer & Lawyer.

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Law Office of B. Ruth Johnson, PLLC is located in Jackson, Mississippi and serves clients throughout the state.

 

This web site is designed for general information only. The information presented on this site should not be construed to be formal legal advice nor the formation of an attorney/client relationship. The hiring of an attorney is an important decision. You should contact an attorney for individual advice regarding your situation. Past success does not indicate the likelihood of success in any future representation.

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