What Questions Should I Ask an Attorney in Mississippi About Divorce?

Divorces can be complicated things. Many people find the idea of divorce confusing, not just in a legal way but also emotionally and financially. Unfortunately, if you’re in a bad marriage, this complicated and confusing process is your only way out. That’s why it’s so important to find an attorney you can trust who will work with you to understand your specific situation. A qualified divorce lawyer can advise you on how to make the best out of your bad situation. Here are a few questions to ask your attorney about the specifics of your divorce:

How Can I Prove Fault?

Any couple can get divorced in Mississippi if both parties agree to it. By citing “irreconcilable differences,” the couple can have their divorce approved quickly after they devise a separation agreement. If both parties do not agree to the divorce, however, the spouse seeking the divorce must prove that the other is at fault. In Mississippi, there are twelve fault grounds for divorce. If you can prove your spouse committed or was party to any fault grounds, a divorce will be issued without their consent. The twelve fault grounds are:

  1. Natural Impotency
    If either spouse cannot procreate and cannot change their condition, a divorce will be granted. The situation must be naturally occurring, and the problem must have existed at the start of the marriage.
  2. Uncondoned Adultery
    The spouse who is the victim of the adultery cannot have forgiven the offender and carried on with the marriage afterward.
  3. Sentenced To Penitentiary
    A felony conviction with a lengthy prison sentence is grounds for divorce.
  4. Desertion
    Abandonment of the spouse or family for one year or more.
  5. Habitual Drunkenness
    Excessive use of alcohol during the marriage. Usually provable by alcohol-related police reports.
  6. Habitual Drug Use
    Addiction to opioids like heroin, morphine, or other similar drugs.
  7. Cruel or Inhumane Treatment
    Domestic violence of any kind. Usually provable by police reports and witness testimony.
  8. Mental Illness or Impairment
    If the condition was unknown at the time of marriage, it is grounds for divorce.
  9. Bigamy
    One spouse is already married at the time of the wedding.
  10. Pregnancy by Another Person
    If a woman is pregnant by another man at the time of the marriage, and the pregnancy is unbeknownst to the groom, it is grounds for divorce.
  11. Incest
    Related to each other biologically.
  12. Incurable Insanity
    This is a combination of the mental illness clause and the incarceration clause. If one spouse must be confined due to their mental illness, it is grounds for divorce.

How Much Will The Divorce Cost?

The cost of your divorce will depend on many factors, but they can all be boiled down to one thing: cooperation. Spouses will be faced with several legal decisions at the time of their divorce, and how well they cooperate on these decisions will dictate how much mediation needs to be done on their case. If the couple disagrees on many issues, it will be up to the divorce court to decide the outcomes. The more decisions the court must make, the more the court’s time is taken up, and the more expensive the divorce becomes. Mediation and arbitration will need to occur for every issue the spouses cannot agree on. Divorces are faster and cheaper when the following issues are agreed upon:

  • Child custody and visitation rights
  • Child support
  • Alimony payments (if needed)
  • The division of marital assets and debts

How Will My Assets Be Separated?

Property division is one of the biggest questions divorcing couples have. After years of accruing assets during a marriage, the idea of losing half of your stuff can be frightening. As to which items you will be left with and which your spouse will be entitled to, the answer is: it depends.

Mississippi is an equitable distribution state, which means all property bought or earned during the marriage is split between the two spouses. This is regardless of who earned or purchased the items because the court assumes both parties are equal in their contributions. Even if only one spouse has an income, it is believed the other spouse contributed by maintaining the home or raising the children. For that reason, equitable distribution will attempt to separate all assets fairly, if not exactly evenly. The spouses can decide together who will get which asset, or if they disagree, they can let the court decide. If one spouse wants the house, they will pay the equivalent of half its value to the other spouse.


Questions like these are primarily dependent on your individual circumstances. That’s why it’s so important to hire a knowledgeable attorney that you can trust. Call The Law Offices of Rusty Williard today at (601) 824-9797.