Protect your rights.

Mississippi recognizes two legal pathways to divorce: Irreconcilable Differences and Fault-Based Divorce. The choice between them affects procedure, evidence, timing, and potential outcomes.

An irreconcilable differences divorce is available only when both spouses agree that the marriage should end. However, agreement to divorce does not automatically mean agreement on the terms.  Even in an irreconcilable differences divorce, parties must resolve or submit to the court decisions regarding:

• Child custody and visitation
• Child support
• Division of marital assets and debts
• Alimony, if applicable

If the parties cannot agree on these issues, the court will decide them after hearings or trial. Many cases initially believed to be “simple” become contested once financial disclosures and custody realities emerge.

When spouses do not agree, Mississippi law allows divorce based on statutory grounds. Common grounds include:

• Adultery
• Habitual cruel and inhuman treatment
• Desertion for one year or more
• Habitual drunkenness or drug abuse
• Incarceration
• Insanity

Fault-based divorces require proof, not suspicion. Allegations must be supported by admissible evidence, witness testimony, and properly authenticated documents. Many cases fail or stall because parties misunderstand what courts actually require.

Divorce cases often involve temporary hearings early in the process. These hearings may address:

• Temporary child custody and visitation
• Temporary child support
• Temporary alimony
• Use and possession of the marital home
• Payment of marital debts
• Attorney’s fees

Temporary rulings can shape the remainder of the case. Courts often preserve the “status quo,” making early advocacy critical.

Mississippi courts determine custody using the best interests of the child analysis. Courts consider numerous factors, including:

• Parenting roles and involvement
• Stability of each household
• Moral fitness
• Willingness to support the child’s relationship with the other parent
• The child’s age, health, and needs

Custody disputes often involve testimony from parents, teachers, medical providers, and third parties. Proper preparation and evidentiary strategy are essential.

Child support is governed by Mississippi statutory guidelines but may be adjusted based on:

• Actual income versus reported income
• Shared or split custody arrangements
• Extraordinary expenses
• Health insurance and childcare costs

Support cases frequently require detailed financial discovery to ensure accuracy and fairness.

Mississippi courts may award periodic, lump-sum, rehabilitative, or reimbursement alimony depending on the circumstances. Courts evaluate factors such as:

• Length of the marriage
• Disparity in earning capacity
• Contributions to the marriage
• Standard of living during the marriage
• Fault, in certain cases

Alimony cases require careful financial analysis and strategic presentation.

Divorces involving business ownership, professional practices, real estate portfolios, retirement accounts, or inherited assets demand advanced legal handling. These cases may involve:

• Business valuations
• Forensic accounting
• Tracing separate versus marital property
• Tax implications
• Hidden or undisclosed assets

Mistakes in these cases can have lifelong financial consequences.

Most contested divorces involve formal discovery, including:

• Interrogatories
• Requests for production of documents
• Subpoenas to employers, banks, and third parties
• Depositions

Courts strictly enforce rules regarding hearsay, authentication, and admissibility of evidence. Financial records, text messages, emails, and social media posts must be properly obtained and introduced.

While every case is unique, most divorces proceed through the following stages:

1. Filing of the Complaint for Divorce
2. Service of process
3. Temporary hearings, if necessary
4. Discovery and evidence development
5. Settlement negotiations or mediation
6. Trial in chancery court, if unresolved
7. Final judgment of Divorce

Each stage requires strategic planning and compliance with court rules and deadlines.

Divorce is not simply about ending a marriage—it is about protecting your future. The law is precise, procedural, and unforgiving of mistakes. Having experienced counsel ensures your case is handled with professionalism, discretion, and courtroom readiness.

If you are considering divorce or facing contested family law issues, Denson & Associates, PLLC is prepared to guide you through every stage of the process. Contact our office to schedule a confidential consultation and learn how we can protect your rights and interests.