Divorce can be a challenging and emotional process for anyone, but for same-sex couples, it comes with an additional set of legal and social challenges. Mississippi was one of the last states to recognize same-sex marriage, and, as such, its laws concerning same-sex divorce are still evolving. In this article, we will discuss some tips and considerations for same-sex couples who are seeking a divorce in Mississippi.
Understanding Mississippi Divorce Laws
Mississippi is a fault-based divorce state, meaning that the individual seeking a divorce must prove that their spouse was responsible for the breakdown of the marriage. This could include infidelity, abandonment, or cruel treatment. Mississippi law also requires a waiting period of 60 days before a divorce can be granted, regardless of the circumstances.
Same-sex couples in Mississippi face additional legal hurdles when seeking a divorce. For example, there is a lack of precedent and clarity when it comes to dividing assets and determining spousal support. Additionally, Mississippi’s adoption laws have not kept pace with same-sex marriage, which can complicate custody and visitation agreements.
Choosing a Divorce Attorney
It is essential to choose a divorce attorney who has experience working with LGBTQ+ clients and is knowledgeable about Mississippi’s evolving laws on same-sex marriage and divorce. Your attorney should also have a deep understanding of the unique challenges that same-sex couples face during the divorce process, from property division to child custody.
When choosing an attorney, make sure to look for a law firm that values diversity and has a track record of providing compassionate and thorough legal representation to clients from all walks of life.
Property Division
Mississippi is an equitable distribution state, meaning that property is divided fairly but not necessarily equally between the divorcing spouses. In same-sex divorces, equitable distribution can be complicated by the fact that assets may be in only one spouse’s name, or the couple may have commingled assets and debts.
For example, if one spouse owned a home before the marriage, that property would likely be considered separate property and not subject to division in the divorce. However, if both spouses paid the mortgage and made improvements to the home during the marriage, the court may consider it marital property subject to equitable distribution.
It is essential to work with an attorney who has experience handling complex property division cases and can help you navigate the unique challenges of same-sex divorce.
Custody and Visitation
Unfortunately, Mississippi’s adoption laws have not kept pace with the legalization of same-sex marriage, which can make it challenging for same-sex couples to establish parental rights and security in custody and visitation agreements.
It is imperative to work with an attorney who has experience representing LGBTQ+ clients in child custody and visitation cases. Your attorney should be able to help you weigh the pros and cons of different custody arrangements and develop a strategy for securing your parental rights and ensuring the best outcome for your children.
Conclusion
Divorce is never easy, but for same-sex couples in Mississippi, it comes with an additional set of legal and social complications. By understanding Mississippi’s divorce laws and working with an experienced divorce attorney who has a deep understanding of LGBTQ+ issues, you can navigate the divorce process with confidence and secure the best possible outcome for yourself and your family.