Divorce Legal Services

Face Your Divorce With Professional Legal Support

When two people get married, they're usually thinking about living happily ever after. However, divorce is a reality for many couples. That's why McAlister Law Firm, LLC is here to help you with the legal realities of your divorce.

The decision to get a lawyer during your divorce does not have to be a sign of acrimony. It's simply a way to protect yourself and reduce stress during the proceedings. Plus, if the divorce is contentious, then you'll have someone who understands the legal system to defend your rights and advocate for your position.

McAlister Law Firm, LLC is perfectly suited for this job. We have 22 years of legal experience, and we know family law very well. We've helped many clients with their divorce, and we're confident that we can help you as well.

Call now for a free consultation. We offer same-day appointments, and we can meet at your home if you need. We're also available after hours or on weekends by appointment. We're proud to be a hands-on law firm that always takes your call!

Filing for a Contested Divorce in Mississippi

A contested divorce is necessary when only one partner wants to divorce. In this case, one partner is suing the other in order to obtain the divorce. In Mississippi, a contested divorce is only granted legally when there are grounds. In other words, it's necessary to prove to the court that there are good reasons for the couple to separate.

• Adultery
• Natural impotency
• Criminal conviction with jail time
• Willful and continuous desertion for at least one year
• Habitual drunkenness or drug addiction
• Habitual cruelty or inhumane treatment
• A spouse who did not disclose a mental illness at the time of marriage
• Bigamy
• A spouse who is pregnant with someone else's baby at the time of marriage without the partner's knowledge
• Hospitalization or institutionalization of one spouse for three years due to mental illness

If one spouse can prove to the court that any of these factors are in play, they may be granted a divorce. These factors can also influence the court's ruling on child custody.

Because there are more legal obligations to meet during a contested divorce, the process can be expensive, lengthy, and stressful. The court has to assess the grounds for divorce while also considering child custody, alimony, and the division of assets.

Given the stakes associated with a contested divorce, it's important to have a good legal team. McAlister Law Firm, LLC is experienced with contested divorce cases, and we can determine your best way forward during this difficult time.

Legal Parameters of an Uncontested Divorce

Unlike a contested divorce, an uncontested divorce tends to be simpler. In these cases, all the terms and conditions of the divorce are decided in advance by the couple. There's no question about the division of assets. The process is more straightforward, but that doesn't mean you don't need legal support.

First, you have to understand if you qualify for an uncontested divorce in Mississippi. You and your spouse must agree to a marital settlement before filing a joint complaint. The agreement will cover:

• The division of marital property and unpaid debts
• Alimony
• Legal and physical custody of shared minor children
• Child support, including insurance and medical expenses

This is generally known as an "irreconcilable differences divorce" because both parties agree there are good reasons to end the marriage.

If you do not both agree on every detail, you may still be able to move forward with an uncontested divorce. You must simply sign a consent form that gives the judge power over areas of disagreement. This is more expensive and takes longer.

Ultimately, both spouses must fill out the required form from the Chancery Court Clerk's office in the county where you live. There is also an online alternative. The completed paperwork must be submitted to the court clerk's office to be filed, and you will receive a case number and pay a filing fee.

There is a 60-day waiting period before the divorce can be finalized. A judge will review your paperwork and decide if it is adequate. Then, your divorce will be granted, and both parties can move forward once more.

Having legal representation will make sure that the paperwork is filed correctly, and it will also ensure that your position is fairly represented in the filing. Talk to McAlister Law Firm, LLC, and we'll see if an uncontested divorce is right for you.