Yes, a couple can divorce based on irreconcilable differences in Mississippi, which is a form of no-fault divorce. In addition, Mississippi has 12 other fault-based grounds for divorce, including adultery, desertion, habitual cruelty, and imprisonment. To get a no-fault divorce on the grounds of irreconcilable differences, both spouses must agree to the divorce and file a joint complaint, and the court will not grant the divorce until at least 60 days have passed since the filing. 

In Mississippi, child custody is determined by the “best interest of the child” standard, considering factors like a child’s age, parental skills, and emotional ties, while child support is calculated using a statutory formula based on the non-custodial parent’s adjusted gross income and the number of children. Courts will deviate from these guidelines in certain situations, such as when the non-custodial parent’s income is very high or low, or when applying the guidelines would be unjust. 

In Mississippi, alimony is determined by factors like the income and earning potential of both spouses, their financial needs, and the marital standard of living. Property is divided using equitable distribution, meaning a fair but not necessarily equal split, considering each spouse’s contribution to marital property. Even if a spouse isn’t on a deed, their efforts may be considered a “substantial contribution” to the home’s value, potentially giving them a claim to it, especially if they contributed to upkeep or if the property is considered marital. 

Simple assault is a misdemeanor and involves minor physical harm or threats. Aggravated domestic violence involves more serious bodily injury, use of a deadly weapon, or attempted strangulation and is charged as a felony offense.

Four remedies exist in the law to address domestic violence. The most powerful and most important is the Order of Protection. Other remedies include a Mutual Restraining Order, a Civil No Contact Order and a Stalking No Contact Order. Each remedy fits a different circumstance.

The MS Vulnerable Adults Act is Mississippi law that prohibits the abuse, neglect, and exploitation of vulnerable persons and was updated in 2023 with the creation of the Vulnerable Person Abuse Registry (VPAR). Key provisions include making financial exploitation of a vulnerable adult a felony if the amount exceeds $250, creating a registry for convicted abusers, and establishing penalties for failure to register. The law also requires professionals to report suspected abuse and provides protection for those who report it. 

Unless good cause be shown, and a continuance duly granted by the court, all offenses for which indictments are presented to the court shall be tried no later than two hundred seventy (270) days after the accused has been arraigned.

Mississippi’s “Protection From Domestic Abuse” laws apply to spouses currently married, divorced couples, and couples who reside or previously resided together. Abuse can take many forms: physical violence, psychological and emotional abuse, and acts of isolation.

Mississippi has a zero-tolerance law for underage DUI offenses. If you are under 21 and drive with a BAC of 0.02%, law enforcement can charge you with a DUI. A conviction for a first offense with a BAC under 0.08% will cost you a $250 fine. You must complete a MASEP course and attend a victim impact panel.

Mississippi’s Castle Doctrine allows you to use reasonable, including deadly, force to defend yourself in your home, occupied vehicle, or business against an intruder who is unlawfully and forcibly entering or has entered. The law creates a presumption that you feared imminent death or great bodily harm, which shifts the burden to the prosecution to prove you acted unreasonably. Notably, Mississippi’s law includes a “stand your ground” component, meaning you have no duty to retreat even in public spaces if you are not the aggressor and are not engaged in illegal activity. 

Code § 11-55-1 et seq. Mississippi’s Rule 11(b) allows a court to award reasonable attorney’s fees if the opposing party filed “a motion or pleading which, in the opinion of the court, is frivolous or is filed for the purpose of harassment or delay.

Rule 81 requires use of a special summons which commands that the defendant appear and defend at a specific time and place set by order of the court and informs him or her that no answer is necessary.

The earned-time allowance under this subsection shall not exceed fifteen percent (15%) of an inmate’s term of sentence; however, beginning July 1, 2006, no person under the age of twenty-one (21) who has committed a nonviolent offense, and who is under the jurisdiction of the Department of Corrections

A person is guilty of simple domestic violence who: Attempts to cause or purposely, knowingly, or recklessly causes bodily injury to another person. Negligently causes bodily injury to another person with a deadly weapon or other means likely to produce death or serious bodily harm.

In Mississippi, adopting a child requires filing a petition in chancery court, completing a home study, providing a child’s information, and obtaining consent from birth parents, followed by a court order. Terminating parental rights also requires a court petition in chancery court, serving the parents, appointing a guardian for the child, and proving legal grounds such as abandonment or abuse. Both processes end with a final court judgment. 

In Mississippi, landlords must provide safe, habitable housing and make timely repairs, while tenants must notify them of issues in writing. Landlords must return security deposits within 45 days with an itemized list of deductions, and both parties must follow the legal eviction process. 

No, a landlord cannot legally evict a tenant in Mississippi without a court order, and any attempt to do so through methods like changing locks or removing belongings is illegal “self-help” eviction. If facing eviction, a tenant should first respond to the landlord’s formal notice, and if served with a summons and complaint, they must appear in court and consider seeking legal help. 

Before buying or selling a home in Mississippi, legal considerations include a written contract with specific terms, conducting thorough due diligence like title searches and inspections, and ensuring the proper recording of the deed. Mississippi’s homestead rights protect homeowners by exempting a portion of their primary residence from certain creditors and by requiring both spouses’ signatures to sell or mortgage the property. A homestead exemption can also be applied for to receive a reduction in property taxes. 

If arrested in Mississippi, remain calm and do not resist, then state that you wish to remain silent and want a lawyer. Your constitutional rights include the right to remain silent, the right to have an attorney present during questioning, and the right to a court-appointed attorney if you cannot afford one. You also have the right to make a phone call to your attorney or family, but police may listen to any call other than one to a lawyer. 

In Mississippi, parole eligibility depends on the crime but generally requires serving either 25% of the sentence or 10 years, whichever is less, for nonviolent offenses. For more serious violent crimes, the waiting period is longer, with some offenses requiring 50% or 20 years, whichever is less, while certain offenses like armed robbery require 60% or 25 years, whichever is less. 

Yes, Mississippi has a right to a speedy trial, and the state law requires a case to be brought to trial within 270 days after arraignment. This timeframe applies unless a good cause for delay is shown and the court grants a continuance. The 270-day period excludes delays that are requested by the defendant or that are due to “good-cause” continuances. 

In Mississippi, wrongful termination is illegal if it violates public policy, such as retaliation for reporting illegal activity, or is discriminatory based on protected characteristics like age. Sexual harassment is unwelcome, offensive sexual behavior in the workplace that creates a hostile environment. Age discrimination is illegal under federal law for individuals aged 40 and over, which prohibits employers from treating employees less favorably because of their age. 

In Mississippi, the primary decision-maker for an incapacitated person is an agent appointed through a power of attorney, with the chancery court appointing a guardian if there is no such designation. A spouse is automatically an heir if their deceased spouse has no will, and receives a share of the estate regardless of whether they are on the deed. 

• Direct Negotiation with Creditors: Individuals can contact their creditors directly to explain their financial situation and negotiate a revised payment plan or a temporary forbearance/hardship program. Creditors may be willing to cooperate if it means avoiding a potential total loss through bankruptcy.
• Credit Counseling and Debt Management Plans (DMPs): Non-profit credit counseling agencies can help create a budget, offer financial education, and, through a DMP, consolidate unsecured debts (like credit cards and medical bills) into a single monthly payment. The agency may negotiate with creditors to lower interest rates and waive late fees. A list of approved agencies is available through the Department of Justice website.
• Debt Consolidation Loans: For those with fair-to-good credit, a personal loan can be obtained to pay off all existing high-interest debts, leaving a single monthly payment, potentially at a lower interest rate. Homeowners might also consider a second mortgage or home equity line of credit (HELOC), but this puts the home at risk if payments are missed.
• Debt Settlement: This involves negotiating with creditors (either on your own or through a debt settlement company) to pay a lump sum that is less than the total amount owed. This can result in significant debt reduction but may negatively impact your credit score and could have tax consequences on the forgiven amount.
• Asset Liquidation: Selling non-essential assets can generate funds to pay down debts without the long-term legal and credit implications of bankruptcy.
• Legal Protections and Defensive Litigation: Utilizing legal channels to stop harassing collection calls under the Fair Debt Collection Practices Act (FDCPA) and parallel state laws can provide some relief.
• Applying to Pay in Installments: Mississippi law allows for a legal action where a court approves a plan to pay off all debts in default at a reasonable monthly amount, though attorney fees can be comparable to a bankruptcy filing.
• Housing and Medical Assistance: Specific programs are available for particular types of debt, such as mortgage modification/forbearance to avoid foreclosure, or assistance programs for medical bills.