Divorce, Custody, and Other Legal Family Matters
When a relationship ends in divorce, it can be a very emotional and painful process. But it is also a legal process. There are questions to answer and decisions to be made. While emotions can often cloud one’s judgement, it is crucial to have an advocate who understands the law clearly and objectively. The Weir Law Firm will help you understand the legal issues in your case and then go to work pursuing a positive outcome.
The final outcome of a divorce can have a significant impact on your finances and parental rights. With so much at stake, it is important that you have qualified legal counsel. The Weir Law Firm assists clients with all aspects of divorce, including contested divorce and no fault divorce.
Mississippi is an equitable division state, meaning all property is divided fairly between the couple. Although some people assume that an “equitable distribution” means an “equal distribution,” that is not necessarily the case. Judges may distribute a greater share of marital assets to one of the spouses if the facts of a case warrant a disproportionate distribution.
Child Custody and Visitation
Mississippi law recognizes the right of parents to enjoy continued and vital relationships with their children after divorce. Absent domestic violence or other issues that may endanger the emotional or physical welfare of a child, Mississippi law favors the right of both parents to enjoy meaningful relationships with their child after a marriage ends. As your advocates, The Weir Law Firm will work hard to protect your parental rights.
In Mississippi, child support is determined by a mathematical formula known as the Child Support Guidelines. But determining the required child support amount is not simply a mechanical application of the guidelines. Without experienced and knowledgeable representation, you could end up receiving too little or paying too much child support. The Weir Law Firm has represented clients in matters involving child support for more than 15 years. We have handled child support matters in a variety of contexts, including: divorce, child support modifications, paternity, and child support enforcement.
In Mississippi, a judge may issue an order for temporary spousal support (alimony) during the course of a divorce. In a final divorce order, the court may also order either spouse to pay spousal support on a permanent basis. Both the amount and duration of a court’s alimony award may vary on a case-by-case basis. The court also has a right to order that neither party shall receive alimony payments. The Weir Law Firm provides both focused consultation regarding your alimony issue, as well as full analysis of the impact of alimony on division of assets, debt and child support/related issues. Contact us to schedule an appointment.
The procedure to establish fatherhood in the eyes of the law is called a paternity action. Being the parent of a child carries with it great responsibilities and certain rights. As the legal father of a child, you may be required to provide child support. You may also have custody or visitation rights, but these do not come automatically and must be granted by the court. If you have questions about your parental rights and responsibilities, an attorney at The Weir Law Firm can provide answers in an initial consultation.
At the time a divorce, paternity or other child-related decree is issued, the judge will issue orders regarding such matters as child custody, visitation, spousal support and child support. These orders will stay in place until one of the parties asks the court to modify them. When a judge issues an order, they are limited to the facts present at the time of the trial or contested hearing. While they attempt to issue an order that has a lasting effect, it is impossible for a court to anticipate every possible change that can occur in the life of a family. However, changing financial circumstances of the parties and needs of a child may necessitate the modification of an existing order. The Weir Law Firm has been representing clients in matters involving post-divorce modifications for more than 15 years.
If you do not want to get divorced for religious, financial or personal reasons, you may want to pursue a “separation maintenance” agreement.
Simply stated, a prenuptial agreement (also called an antenuptial agreement) identifies the separate property of each party prior to entering a marriage. In the event of divorce, the agreement can help the couple avoid disputes over the division of assets and debt. An agreement can also be created to protect the inheritance rights of children from a previous marriage. In terms of the marital relationship, a prenuptial agreement can strengthen a marriage by removing uncertainties regarding property division and other issues. The Weir Law Firm has helped numerous people protect their assets by creating prenuptial agreements custom-tailored to meet their needs. The firm can draft an agreement for you, review a proposed agreement or provide an opinion regarding the validity of an existing agreement.