Mississippi Divorce Attorney

Divorce can turn your life upside down in an instant. Suddenly, you’re facing major decisions about property, finances, and children—often while emotions are running high and the future feels unclear. Whether you and your spouse can agree on the terms or conflict is unavoidable, having the right legal support can make all the difference in how your case turns out. 

Contested vs. Uncontested Divorce

In Mississippi, you can take one of two main routes: contested or uncontested divorce.

Uncontested Divorce: The Easier Road (When You Can Agree)

If you and your spouse agree on everything (how to divide things, custody, support), you can file an uncontested divorce.
It’s faster, simpler, and less expensive because there’s no need for a trial.

This route works best when communication is still possible and both parties are willing to move forward peacefully. Even then, an attorney can ensure the paperwork is done correctly and that your rights are fully protected.

Contested Divorce: When You Don’t See Eye to Eye

If there are disagreements about finances, property, or kids, your divorce becomes contested. That means the court steps in to help settle the disputes.

It takes longer and can get frustrating, but it also ensures fairness when agreement just isn’t realistic.
Having the right attorney here can make the difference between months of stress and a smooth resolution that upholds your interests.

Property Division and Financial Considerations

In Mississippi, property isn’t automatically split 50/50 when you divorce. Instead, the courts use equitable distribution, meaning property is divided fairly, based on the circumstances of your marriage.

Courts consider several key factors to determine what’s fair:

• Contributions to the marriage (financial and non-financial): Both money earned and contributions like raising children, managing the home, or supporting your spouse’s career are recognized.

• Length of the marriage: Longer marriages often mean finances and lives are more intertwined, so courts aim for a balance that reflects years of shared responsibility.

• Income and earning potential: Courts evaluate current earnings and potential future income to avoid leaving one spouse at a financial disadvantage.

• Sacrifices made to support the other spouse’s career or education: If one spouse gave up career growth or schooling to help the other succeed, the court may compensate them through a fair share of marital property.

Understanding Child Custody and Support

When children are involved, divorce isn’t just a legal separation—it’s a shift in their lives too. Mississippi courts prioritize the best interests of the child, weighing stability, parental involvement, and the child’s emotional needs.

Custody is divided into legal and physical custody. Legal custody gives a parent the right to make major decisions about their child’s education, health care, and religion. Physical custody determines where the child will primarily live. Generally, courts favor arrangements that allow both parents to remain actively involved, as long as it’s in the child’s best interest.

Child support is calculated based on each parent’s income and the child’s needs. Having an attorney plays a huge part in ensuring that custody arrangements and support plans are fair, protect your parental rights, and provide for your children’s future without unnecessary issues.

Step 1: Filing

One spouse files the initial paperwork—either for a fault-based divorce (for reasons like adultery or cruelty) or a no-fault divorce (usually citing “irreconcilable differences”).

Step 2: Serving and Responding

The other spouse is served with the papers and given a chance to respond. If it’s uncontested, this step is often smooth and quick. If not, negotiations begin.

Step 3: Temporary Orders

If needed, the court can issue temporary orders for things like who stays in the house, who pays which bills, or where the kids (if any) will live while everything is being finalized.

Step 4: Settlement or Trial

Most divorces end in a settlement, not a trial. But if the two of you can’t reach an agreement, the court will make the final decision based on Mississippi law.

Step 5: Final Judgment

Once everything’s settled, the judge signs off, and you can officially begin your next chapter.

Alimony and Spousal Support: Clear up Your Options

Alimony, or spousal support, exists to help a lower-earning spouse maintain stability after divorce. Mississippi recognizes multiple types, including periodic payments, one-time payments, and rehabilitative support to help a spouse regain financial independence. If you aren’t sure where you stand, an attorney can help identify your role. 

How Mediation Takes Your Case Out of Court

Divorce doesn’t always have to end up in court. Mediation allows the couple to reach agreements outside of court while saving time, reducing expenses, and giving you more control over the outcome.

When children are involved, these approaches often result in better long-term cooperation between parents, which benefits everyone—especially the kids. Without children, a mediator helps couples navigate and resolve issues like the division of marital property and debt, and the terms of spousal support.

Modifying Custody Orders and Parental Relocation

Life changes, and custody arrangements sometimes need to change as well. Mississippi law allows for modifications to custody or visitation orders if circumstances change—for example, if a parent relocates, a child’s needs evolve, or schedules require adjustment.

When one parent wants to move a significant distance with a child, the law takes this very seriously. Courts evaluate how the move impacts the child’s stability, the other parent’s access, and the overall best interest of the child. 

Why Having a Divorce Attorney Helps

Sure, you could handle a divorce on your own. But the truth? Mississippi’s divorce laws can be tricky, and a small mistake early on can turn into a big issue later.

A good attorney helps you:

• Understand your rights

• Keep things fair and balanced

• Protect your finances and parental time

• Avoid common mistakes that drag things out

Divorce is never easy, but with the right guidance, you don’t have to face it alone. Psonya Hackett has handled countless Mississippi divorces, helping clients navigate issues like property division, child custody, alimony, and mediation. She’s an attorney, a mediator, and provides personalized support to ensure your rights are protected at every step. 

Links to helpful Mississippi Forms and Instructions

• Rule 8.05 Financial Statement

FREQUENTLY ASKED QUESTIONS ABOUT MS DIVORCE