Understanding Property Division in Mississippi Divorce
Nov 15, 2011
Even in relatively friendly divorces, couples do not typically agree on serious issues. Yet this is the time when you must reach agreement on how to divide every possession—or leave it to a judge to make these decisions for you based on a combination of Mississippi law and his or her own discretion.
The Mississippi laws covering property division leave much discretion to the judge when couples do not negotiate a valid settlement agreement on their own. You and your spouse may feel you cannot come to terms on these important issues, but mediation and other alternative dispute resolution techniques can help divorce lawyers guide you toward a settlement that allows you to retain greater control over your future.How property division works under state law
As a Title Property state, Mississippi law awards property based on who has title to it at the time of divorce. But this method often does not provide practical solutions, particularly since the property acquired during a marriage typically is not in the name of a single spouse. More often, judges must assign marital property to one spouse or the other based on a number of factors, such as the following:
An experienced attorney can guide you toward a fair settlement
Several flexible options exist to decide the division of marital and non-marital property under Mississippi law. The best way to improve your chances of receiving fair and equitable treatment in divorce is by retaining a law firm with extensive experience in state divorce law. At Cumbest, Cumbest, Hunter&McCormick our Mississippi divorce attorneys provide the full range of advice and support you need. We cover the areas of Jackson and Harrison counties, including Biloxi and Gulfport. For immediate assistance, call us at 1-866-461-1591 today.
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The Mississippi laws covering property division leave much discretion to the judge when couples do not negotiate a valid settlement agreement on their own. You and your spouse may feel you cannot come to terms on these important issues, but mediation and other alternative dispute resolution techniques can help divorce lawyers guide you toward a settlement that allows you to retain greater control over your future.How property division works under state law
As a Title Property state, Mississippi law awards property based on who has title to it at the time of divorce. But this method often does not provide practical solutions, particularly since the property acquired during a marriage typically is not in the name of a single spouse. More often, judges must assign marital property to one spouse or the other based on a number of factors, such as the following:
- Non-marital assets, such as those brought to the marriage that remain titled to one spouse, remain with the owner
- The judge assesses the remaining marital property and divides it equitably, based in part on the value of the non-marital property each spouse receives
- A judge may base alimony decisions on the overall result of property division. If one spouse is in deficit and requires additional support, the judge may consider alimony to alleviate the situation
An experienced attorney can guide you toward a fair settlement
Several flexible options exist to decide the division of marital and non-marital property under Mississippi law. The best way to improve your chances of receiving fair and equitable treatment in divorce is by retaining a law firm with extensive experience in state divorce law. At Cumbest, Cumbest, Hunter&McCormick our Mississippi divorce attorneys provide the full range of advice and support you need. We cover the areas of Jackson and Harrison counties, including Biloxi and Gulfport. For immediate assistance, call us at 1-866-461-1591 today.