Frequently Asked Questions
At Hancock Law Group, we help you understand that Mississippi allows both no-fault and fault-based divorce. No-fault divorce requires only proof of irreconcilable differences, while a fault-based divorce requires legal grounds like adultery or abandonment. Our attorneys explain the pros and cons of each approach and recommend the best path forward. Mississippi follows equitable distribution, not community property. That means marital assets and debts are divided fairly but not necessarily equally, based on factors like each spouse’s contributions, earnings, and future needs. Our firm uses decades of experience to negotiate settlements or litigate to protect your financial interests. Mississippi judges base custody decisions on the best interests of the child. Factors include emotional bonds, parental health and conduct, each parent’s caregiving role, and child preference if over age 12. We guide you through negotiations or court hearings to pursue the most beneficial custody arrangement. Mississippi uses a statewide guideline formula that considers both parents’ incomes, the number of children, health insurance, and childcare expenses. We help you gather financial documentation, apply the formula accurately, and advocate for fair support—whether through negotiation or court petition. Yes. Mississippi law allows modification of custody, visitation, or support if there’s a substantial change in circumstances—like job loss, relocation, or a child’s special needs. Our firm assists in preparing and filing modification petitions and presenting evidence to support your request. Legal custody grants decision-making power on education, health, and religion. Physical custody refers to where the child lives. Mississippi courts can award either or both types jointly or to one parent. We help structure custody agreements that meet your family’s unique needs. Prenuptial and postnuptial agreements let couples decide how assets and debts will be divided in the future. To be valid in Mississippi, agreements must be in writing, voluntary, fully disclosed, and fair. Our attorneys draft, review, or contest these agreements to ensure enforceability and protect your interests. Step-parent adoption gives you full parental rights. The process involves filing petitions, obtaining birth records, and possibly terminating the noncustodial parent’s rights. We assist with both uncontested and contested adoptions, guiding you from paperwork to final hearing. Collaborative law is a non‑litigation method where both spouses and their attorneys commit to resolving issues through negotiation, often with neutral experts like financial advisors. Mississippi recognizes collaborative divorce. We assess whether this reduced-conflict approach suits your situation and guide you step by step. Timeline varies. For uncontested divorces, you must wait at least 90 days after filing. Contested divorces can take from a few months to over a year, especially with complex asset division, custody disputes, or hearings. Our team works to streamline your case and keep you informed at every stage.
Contact Hancock Law Firm for sound advice and professional representation from lawyers ready to serve you.