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Divorce And Alimony
Divorce and Alimony
At Middleton Law Firm we understand how complex marriage, divorce and related legal matters can be. Our divorce attorneys work closely with clients to help them get through what may be the most exciting and challenging times of their lives.
We're Here to Help
If you're about to get married or are going through a divorce, you probably have a lot weighing on your mind. When you work with a lawyer from our firm, we will guide you through the legal issues related to your marriage or divorce so that you can focus on moving forward with your life. Regardless of whether you are filing Divorce in Pontotoc, Divorce in Tupelo, Divorce in Amory, or any other location in NE Mississippi, an attorney from our team can:
- Prepare and review prenuptial agreements
- Help you resolve child custody and visitation disputes
- Fight to keep your parental rights intact
- Negotiate child support and spousal support payments
- Negotiate the division of property and marital assets
Divorce
Whether contested or uncontested (Irreconcilable Differences Divorce, commonly called No Fault Divorce) it is important that you have advice on how to protect your rights and interest. Divorce law is difficult to most, and it is important to have a well-informed, concerned, and determined divorce lawyers to guide you.
Irreconcilable Differences Divorce / No Fault Divorce
We will explain the process, and guide you through necessary paperwork. Also, we can assist you with understanding, countering, and modifying an agreement prepared by another firm. Seek advice; make sure you know what you are signing.
Alimony
There are four types of alimony available under Mississippi law: periodic alimony, lump sum alimony, rehabilitative alimony, and reimbursement alimony.
Periodic Alimony
The purpose of periodic alimony is for support of the receiving spouse indefinitely. It may terminate upon the remarriage of the receiving spouse or the death of the paying spouse. It may be modified by increasing, decreasing, or terminating the award.
Lump Sum Alimony
Lump sum alimony differs in that it is not subject to modification, unless one of the parties committed fraud. It becomes an obligation of the estate of the paying spouse in the event death occurs before payment is completed. Lump sum alimony is intended as an equalizer between the parties to serve equity amongst them completely, once and for all. It may be payable in a single lump sum or fixed periodic installments.
Rehabilitative Alimony
Rehabilitative alimony allows one party to receive support from the other for a fixed period of time. Its purpose is to allow the recipient to start anew without becoming destitute. Rehabilitative alimony may be modified by increasing, decreasing, or terminating the award.
Reimbursement Alimony
Reimbursement alimony, is available to the spouse that supported the other in obtaining training or education which carries the possibility of future earnings, but which has not yet produced substantial property for division.
Child Custody
Child Custody
We understand that one of the most difficult matters in a divorce, separation, or pregnancy is determining who gets custody of the children and what type of visitation is appropriate. This is a deeply emotional matter and it is best to seek guidance from a lawyer. You do not have to be a perfect parent or have been a perfect spouse to receive custody, and often people give up rights because they are so entangled in their situation and do not understand the legal standard for determining custody rights. Let us help you think clearly and determine what is in the best interest of you and your children.
There are 2 types of child custody under Mississippi law: physical and legal custody. Physical custody concerns who the minor child will live with. Legal Custody grants a party decision-making rights concerning, among other things, medical, educational, and welfare choices for the child.
Courts award custody according to the best interest of the minor children as follows:
- physical and legal custody to both parents jointly;
- physical custody to both parents jointly and legal custody to either parent;
- legal custody to both parents jointly and physical custody to either parent;
- physical and legal custody to either parent.
Joint physical custody means the parties share actual custody of the minor child and assures the child frequent and continued contact with both parents.
Joint legal custody means the parents are to exchange information concerning the health, education and welfare of the minor child, and to confer with one another in making decisions for the child.
Visitation
When physical custody of children is awarded solely to one parent, the non-custodial parent usually is awarded rights of visitation. Most non-custodial parents receive regular overnight visitation as follows:
- alternating weekends during the school year;
- two or more consecutive weeks during the summer;
- alternating holidays; and
- one-half of Thanksgiving and Christmas holidays
The award of visitation to the non-custodial parent depends on the unique circumstances of each case and may differ greatly based on the distance the parties live apart from each other and other factors.
Child Support
Child Support
Amount of Child Support
The following child support guidelines are presumed to be appropriate under Mississippi law.
# of Children % of Adjusted
due support Gross Income
1 14%
2 20%
3 22%
4 24%
5 26%
Exceptions to Child Support Guidelines
The presumption of appropriateness of the guidelines may be overcome if it would be unjust or inappropriate in a particular case based on the following:
- Extraordinary medical, psychological, educational or dental expenses.
- Independent income of the child.
- The payment of both child support and spousal support to the obligee.
- Seasonal variations in one or both parents' incomes or expenses.
- The age of the child, taking into account the greater needs of older children.
- Special needs that have traditionally been met within the family budget even though the fulfilling of those needs will cause the support to exceed the proposed guidelines.
- The particular shared parental arrangement, such as where the non-custodial parent spends a great deal of time with the children thereby reducing the financial expenditures incurred by the custodial parent, or the refusal of the non-custodial parent to become involved in the activities of the child, or giving due consideration to the custodial parent's homemaking services.
- Total available assets of the obligee, obligor and the child.
- Any other adjustment which is needed to achieve an equitable result which may include, but not be limited to, a reasonable and necessary existing expense or debt.
Adoption
Adoption
Adopting a child is one of the most wonderful things you can do. However, while taking in a non-biological child is exciting, it is also a major legal commitment. For this reason, the adoption process can be long and even frustrating if you don’t understand the legal steps you have to take.
At Your Service
If you're in the midst trying to adopt a baby, older child, or planning to go through the process of adoption, an experienced adoption lawyer can help. We are in Tupelo, MS and are ready to make you private adoption run as smoothly as possible.
At Middleton Law Firm an adoption lawyer from our team can help you in a number of important ways, including:
- Representing you at court hearings
- Communicating with adoption agencies on your behalf
- In private adoptions, negotiating fair terms with the biological parents and preparing and reviewing adoption agreements
This is our most enjoyable area of practice. Our law office would welcome the opportunity to help you add to your family through the gift of adoption. Contact us to learn more about the legal services we can provide in connection with open and closed adoptions.
Let us guide you through all the red tape to assist you in seeking a timely and smooth start for your new family member.