Category Archives: Irreconcilable differences

Changes in Family Law Coming?? (for Mississippi)

Word on the street is that some changes are coming in family law in Mississippi…

Possible changes include;

Changing the age of majority from 21 to 19.

This change involves the time period a non-custodial parent would have to provide child support and certain other child related benefits. It could impact health insurance, extra curricular expenses and school expenses- unrelated to college. The vast majority of other states is 18 or 19 years of age- for age of majority.

Another change is adding a ground for divorce if your marriage is irretrievably broken.

Irretrievable breakdown means that the marriage is broken beyond repair, this quasi-no-fault ground tells a court that at least one spouse wants to end the marriage, which generally should be enough for a judge to grant a divorce.

This is a potentially significant change and would align Mississippi divorce law with 48 other states. This change would significantly streamline the current fault vs. consent requirements.

In June of 2021, the Mississippi Legislature established this task force to study Mississippi’s domestic relations laws and to develop recommendations to the Legislature and the Mississippi Supreme Court to recommend needed changes in MS Family Law.

Members of the task force included;

• Senate Judiciary A Chairman Brice Wiggins of Pascagoula and House Judicial A Chairman Angela Cockerham of Magnolia;
• Supreme Court Justice Kenneth Griffis of Ridgeland, Chancellor Troy Odom of Brandon and Chancellor Jennifer Schloegel of Gulfport, appointed by Supreme Court Chief Justice Mike Randolph;
• Court of Appeals Judge David Neil McCarty of Jackson, appointed by Court of Appeals Chief Judge Donna Barnes;
• attorneys Mark A. Chinn of Jackson, Donna S. Smith of Columbus, A. Regnal Blackledge of Collins and Diandra Hosey of Jackson, appointed by the Mississippi Bar;
• attorney guardians ad litem Melissa B. DiFatta of Pascagoula and Lee Ann Turner of Starkville, appointed by the Mississippi Bar;
• Division of Child Support Enforcement Senior Attorney J. Michael McCauley of Bay St. Louis, appointed by Mississippi Department of Human Services Executive Director Robert
G. Anderson;
• Professor Deborah Bell of Oxford, Senior Faculty in Service at the University of Mississippi School of Law, appointed by Dean Susan Duncan;
• Professor Shirley Kennedy of Jackson, Director of the Family and Children’s Law Center and Director of Child Advocacy Programs at Mississippi College School of Law, appointed by Dean Patricia Bennett.

Kudos to this fine group of lawyers, judges and academia for much needed changes in MS law.

Matthew Thompson is a family law and defense attorney in Mississippi and welcomes common sense changes in family law.

Somebody can always do it cheaper…is that better?

Cheaper is NOT always better.

Everyone wants a good deal, myself included. However, often in life you get what you pay for!

We’ve all seen the advertisement for the $500 divorce. That could be a really good deal if everything is agreed, it’s just drafting papers and sending for entry.

But, is it a good deal when it doesn’t work? Is it a good deal when it does work, but you weren’t advised of your rights. You did not know about all of the financial and equitable relief you could have gotten.

I’ve seen agreements where the parties agreed to maintain a million dollar whole life insurance policies. They had no idea what that meant or what expense that really involved.

I’ve seen agreements that have not included the correct child support and included terms so onerous a Court would never order it otherwise.

My advice is this, if you spent more than $500 to get married, plan on spending more than $500 to get divorced.

Matthew Thompson is a civil litigation attorney in Mississippi.

Marriage is a Fundamental Right, Divorce is NOT.

The United States Supreme Court has ruled that you have a fundamental right to marry the person of your choosing. See Loving v. Virginia, Zablocki v. Redhail, and Obergefell v. Hodges.

This is especially true in Mississippi, but only with regard to the right to marry.

Mississippi is 1 of only 2 states in the US that does not recognize a married person’s absolute right to a divorce. South Dakota is the other state. This means that in Mississippi your spouse has to agree to the divorce and ALL of the terms of the divorce (irreconcilable differences) OR you have to have Fault Grounds against your spouse that you can prove to the satisfaction of a Judge.

If there is no agreement by the spouses OR you do not have OR cannot prove fault grounds you will just stay unhappily married.

So, what happens if your spouse will not agree and you cannot prove grounds? You stay married or you move away. Those are your options.

Matthew Thompson is a Family Law Attorney in Mississippi and can help you get out of being unhappily ever after.