Uncontested Legal Matters: Flat Fee Solutions from The Wade Law Firm

Posted on July 14, 2016 by vmwade — 1 Comment

Uncontested Legal Matters | The Wade Law Firm, PLLC in Ridgeland

At The Wade Law Firm, PLLC in Ridgeland, Mississippi, we are here to help you with some of life’s most important legal issues. Whether you’re preparing for marriage with pre-nuptial agreement, dealing with the ramifications of a divorce, or planning the affairs of your estate to benefit your loved ones, we look forward to assisting you throughout your journey. And now we are happy to announce a new phase in our practice – a focus on uncontested legal matters.

Many legal proceedings take the form of contested issues, such as a sour divorce or a criminal proceeding. However, most people aren’t aware of the uncontested option allowing significant legal issues to be resolved with little or no conflict or lasting animosity.  Uncontested matters are essentially those that are resolved by agreement between the two parties, which are given the force of law by the relevant court.

SEE ALSO: The Difference Between Uncontested & Contested Legal Matters

Uncontested resolutions are of great advantage to all parties involved since they offer an economical and sensible resolution to serious issues. Attorney Vangela M. Wade, of The Wade Law Firm, PLLC, in Ridgeland offers representation based on a flat fee or many uncontested cases —a huge plus for those looking to smoothly and affordably resolve their personal legal matter.

So what sorts of legal issues may be resolved in an uncontested manner? Most matters eligible for uncontested resolution are Family Law matters such as:

For example, divorce is one of the most common. An Irreconcilable Differences divorce may be obtained in Mississippi when both spouses agree on the necessity of a divorce, the allocation of marital property, and other important specifics. By filing a petition together with the court, the divorce may be granted without the need for making inconvenient or embarrassing pleas before the court. Even more, this is an advisable choice particularly when children are involved. The benefits of uncontested resolution continue well-beyond divorce resolution. Putting enough issues aside to resolve a divorce in an uncontested fashion promotes an amicable parting of ways and avoids creating lingering animosity between the parties or their family members.

And since the issues surrounding child custody, division of property, and resolution of any debts may be harder to agree upon alone, The Wade Law Firm also offers affordable assistance through our mediation or negotiation services. With our trusted counsel serving as a mediator between the spouses, we are prepared to help you iron-out and final wrinkles to your case. Our fee for mediation or negotiation services will depend on the complexity and number of issues to be resolved and this rate will be agreed upon in advance, again bringing predictability and security to the resolution of your legal issues.

Again, proceeding on an uncontested basis saves time, money, energy, and peace of mind. In the interests of providing these advantages to you, The Wade Law Firm plans to concentrate exclusively on handling uncontested legal matters moving forward – bringing your value in our trusted legal counsel at each and every turn.

Choosing The Wade Law Firm, PLLC for your uncontested legal matters means affordable representation (contact us about our flat fees). In addition to saving money, you will be saving time and saving the troubles that come with appearing in court.

To get started with resolving your uncontested legal situation at a flat rate, get in touch with Vangela M. Wade at 601-790-0043 or fill out our short contact form to arrange a consultation with a Family Law, Wills, Estates and Life Planning Attorney with over 18 years of experience.

We are zealous advocates for our clients and look forward to hearing from you.

Attorney Vangela M. Wade

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Prenuptial Agreements in Mississippi

Posted on May 25, 2016 by vmwade — Leave a comment

prenup mississippi

Divorces are on the rise throughout the United States and Mississippi. In fact, a study in 2013 by Bowling Green University found the divorce rate in Mississippi to be the third highest in the country. While that’s no reason to doubt your personal relationships or put such an important life decision as marriage on hold, it does have more and more brides and grooms to-be thinking about prenuptial agreements. At The Wade Law Firm, PLLC, we are here to help.

Often referred to as a “prenup,” these agreements are entered into before a marriage takes place, and is most well-known for resolving how any assets may be divided in the less-than-likely event of a divorce. But prenuptial agreements can also be utilized to decide how or whether spouses can sell or use each other’s property, or just about anything else the couple agrees upon. Once a staple of the “rich and famous,” a prenuptial agreement can be a smart idea for many couples – regardless of income.

So what makes for a valid prenup?

First, know that these agreements aren’t governed by any specific statute or law. Essentially, these agreements are treated like any other contract. That is, the spouses-to-be may enter into any agreement which is legal and does not violate any significant public policy of the State of Mississippi. But, to be enforceable, the agreement must be written and entered into by both parties prior to an anticipated marriage which then comes to fruition. Also, both parties will have to be mentally capable to understand and enter into the agreement at the time of its creation.

That said, there are some things that a prenuptial agreement cannot do. First, the agreement must be conscionable – containing provisions and agreements that are not immoral or unreasonably unfair to one or both parties. And in spite of the sneaky stories you may have heard regarding prenups, an agreement in which one or both parties don’t fully disclose their assets will unlikely be honored. These are not the place for “clever” hiding of assets in order to trick a new spouse out of property of financial interests which may be owed them.

Finally, child custody is not an issue that may be decided using a prenuptial agreement – it’s just too important. As we’ve covered previously on our blog, these matters are always decided “in the best interests of the child,” possibly in spite of the wishes of one or both spouses.

Once a prenuptial agreement is executed, it’s necessary to file the agreement with the Chancery Court. This will ensure that the agreement is available to the court and accepted as legitimate should it be needed later. As you may have guessed, the various important issues subject to a prenuptial agreement are issues you’ll want to address with the help of an experienced and trusted attorney.

Would you like to discuss whether or not a prenuptial agreement is right for you? Do you need help enforcing one or navigating related Family Law issues?

Get in touch with Mississippi Attorney Vangela M. Wade at 601-790-0043 or fill out our short contact form to arrange an affordable consultation. The Wade Law Firm, PLLC has been providing quality legal services for 18 years. We are zealous advocates for our clients and look forward to hearing from you.

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Adoption in Mississippi: Getting Started

Posted on May 2, 2016 by vmwade — Leave a comment

adoption mississippi

Getting Started with Adoption in Mississippi

Have you or a loved one ever considered adoption? Adoption can be a great opportunity to improve the life of a child in need while building and growing your happy family. And we at The Wade Law Firm, PLLC in Ridgeland, Mississippi are happy to help!

Like all Family Law issues in Mississippi, the rules and procedures for adopting a child are set out in the Mississippi Code; specifically, MS Code Title 19, Chapter 17. So, what are the basic first steps?

First, who can be adopted?

According to the law, anyone may be adopted, although adopting children over 14 years of age will require the child’s consent. Also, adoptions where the birth parents do not consent can quickly become more difficult and complicated.

Who can adopt?

Any adult over the age of 21 years old may adopt. This adult may be single or married.  Further, in April,  U.S. District Judge Daniel Jordan issued a preliminary injunction against  a ban on adoptions by same-sex couples in Mississippi, describing the 16-year-old law as unconstitutional.  

Where should you start?

Adoptions in Mississippi are handled by the Chancery Courts of the various counties. Which county has jurisdiction over the matter will depend on a number of considerations, including: the county in which the prospective adoptive parent(s) may live, where the child was born, or where the child currently lives. Once the proper court is identified, the court will have jurisdiction to oversee the adoption proceeding if one of these scenarios exists:

  •       The child has lived in Mississippi for at least six months.
  •       If the child is younger than six months old, but has lived in Mississippi since soon after his or her birth.
  •       The prospective adoptive parent(s) have lived in Mississippi for at least six months and there is substantial evidence concerning the child’s care in Mississippi.
  •       Both the prospective adoptive parent(s) and the child are in Mississippi, and the child has either been abandoned or needs to be adopted, in emergency, to protect the child from mistreatment, abuse, and neglect.
  •       No other state has more appropriate jurisdiction over the adoption than Mississippi.

family life planning

Getting the ball rolling

Once the prospective parent(s) have identified the proper court, they will start the adoption journey by filing a petition with the court. With the proper documentation and absent any adverse findings by the State or opposition to the adoption by other interested parties, the judge may grant temporary child custody. After this six-month interim period, the judge may finalize a successful and unopposed adoption. In some cases, the judge may even grant the final adoption in a shorter period of time.

Adoption can be complicated

We’ve kept this blog relatively short and simple, but adoption is not always easy and includes numerous legal decisions. To serve the best interests of the child, many legal standards and important rules are included in the adoption process. In short, you’d be smart to hire an experienced Mississippi Family Law attorney.

If adoption is your future, get in touch with me, Attorney Vangela M. Wade at The Wade Law Firm in Central Mississippi. With more than 18 years of legal practice and knowledge of Mississippi Family Law, we’re committed to serving all of our clients with the utmost expertise, diligence, and care and are here to help you navigate through difficult legal matters.

Attorney Vangela M. Wade

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Family Law and Divorce: A Guide to Important Legal Terms

Posted on March 30, 2016 by vmwade — Leave a comment

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At The Wade Law Firm, PLLC in Central Mississippi, we know that legal notions of Family Law, as well as legal terms themselves, have developed and grown over many years. During that transformation, a specialized vocabulary has emerged which can make navigating Family Law disputes difficult to someone other than an experienced attorney. This is especially true for cases and disputes involving divorce. Could you benefit from knowing some basic vocabulary?

Have a look at the divorce terms below, which our colleagues at the American Bar Association have called, “The Language of Divorce.”

  • Action – The legal term for a lawsuit.
  • Alimony – Payment of support from one party to another for that ex-spouse’s financial support. This is sometimes called maintenance. Various forms of alimony include permanent alimony, temporary spousal support, and rehabilitative alimony.
  • Annulment – The legal ending of an invalid marriage, or ending of a marriage within six months after the marriage took place.
  • Child Support – Financial support for a child.
  • Common Law Marriage – A relationship between a man and a woman, recognized as a marriage although no license or ceremony was involved. Mississippi does not recognize common law marriage.
  • Marital Property – Property acquired during a marriage as a result of the spouses’ work and efforts together.
  • Contested Case – Any case in which the court must decide one or more disputed issues.
  • Custody – The legal right and responsibility awarded by a court for care, possession, and raising of a child. Distinctions are sometimes made between legal (decision-making) authority and physical custody.
  • Dissolution – The act of terminating a marriage.
  • Grounds – The reason for granting a divorce according to the law.
  • Joint Custody – The shared right and responsibility of both parents awarded by the court for possession, care, and raising of the children.
  • Joint Legal Property – The parents or parties share the decision-making rights, the responsibilities and the authority relating to the health, education and welfare of a child. An award of joint legal custody obligates the parties to exchange information concerning the health, education and welfare of the minor child, and to confer with one another in the exercise of decision-making rights, responsibilities and authority.
  • Joint Property – Property held in the name of more than one person, often the parties to the divorce.
  • Marital Settlement Agreement – Often called a property settlement agreement or separation agreement, this written document detailing the parties’ settlement entered is into the court record.
  • Irreconcilable Differences Divorce a/k/a “No Fault Divorce” – A divorce granted without a party having to prove the other party’s marital misconduct, or “fault.” Both spouses must agree to divorce.  Generally, this is an uncontested divorce proceeding in which the parties have reached an agreement on all issues and do not request that the court resolves any disagreement. However, parties can agree to divorce and request the court to decide issues touching the children and property.
  • Order – The court’s ruling on a motion requiring the parties to do certain things or setting forth their rights and responsibilities.
  • Separate Maintenance – According to Bell on Mississippi Family Law  this relief is available to a husband or wife who is financially dependent on the other, and who is not substantially at fault in the separation. A separate maintenance award orders the payor to return home or provide support.  Mississippi law does not provide for legal separation.
  • Temporary Restraining Order (TRO) – This order of the court prohibits one party from doing something – for example, threatening or harassing the other party or disposing of property.

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While not an exhaustive list of divorce terms, we hope these brief descriptions will help you understand more about the legal issues involved in this important segment of Family Law practice. For Mississippians facing these issues, The Wade Law Firm, PLLC is here to help.

If you have questions about your personal situation or to arrange an affordable initial consultation with an experienced Family Law attorney, contact The Wade Law Firm in Ridgeland, Mississippi at 601-790-0043 or fill out our short contact form. From Family Law to Wills, Estates and Life Planning, we are here to help you navigate through difficult legal contested and uncontested matters.

Attorney Vangela M. Wade

Attorney Vangela M. Wade

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Life Planning: Are Your Family and Interests Protected?

Posted on February 12, 2016 by vmwade — Leave a comment

Family Law Jackson MS

All phases of life are accompanied by important decisions. Pursuing higher education, choosing a spouse, building a career, starting a family, or buying a home are just a few of these choices, all of which may require the help and advice of trusted legal counsel. But, regardless of our chosen paths, there’s one finality that we all must face – the day we are called home. And when that time comes, it is extremely important that we have taken the time to make sure that our finances, property, and families are taken care of when we are gone.

Life planning is perhaps the most critical moment when a combination of sound legal advice and thoughtful planning are key. How will your spouse and children be taken care of after you pass on? What will happen to your property? What about any bank accounts or other financial interests you hold? Taking a little time to plan for these matters in advance will ensure that your wishes and the best interest of your loved ones are taken care of in your absence.

Are you confident that your life planning efforts are up-to-spec? Take a minute to review The Wade Law Firm’s abbreviated life planning checklist and consider whether your plans include the following essential legal documents:

  • Durable Power of Attorney – to see that your property is cared for by a trusted proxy in line with your desires
  • Trust Arrangement – if necessary, it will help ensure that loved ones are provided for in a responsible manner
  • Advance Directive Health Care – to ensure your healthcare wishes are followed if you are incapacitated and unable to speak for yourself
  • Will – to direct the disposition of your property
  • Life Planning Dossier – to place all legal, personal, and financial papers in a location where they may be easily accessed by your agent or next of kin when needed

family life planning

How do your current life planning efforts stack up? If you aren’t confident that your plans are where they should be, you’d be wise to contact an experienced life planning attorney. Life planning is not a one-time event; it is an ongoing process. As your family and finances – and even laws – grow and change, your plans should be reviewed and updated to match current conditions. This is why trusted legal counsel is absolutely indispensable in making these decisions.

With more than 18 years of legal experience in all facets of life planning practice, Attorney Vangela M. Wade is here to serve the needs of clients whose objectives and goals require personalized solutions to their legal needs. Get in touch with The Wade Law Firm, PLLC in the Jackson Metro Area and let us see how we can help you meet your life planning goals. 

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Family Law 2.0 – Don’t Let Social Media Land Your Case in Hot Water

Posted on January 18, 2016 by vmwade — Leave a comment

social-media-legal

We all love using social media in our daily lives. It’s a quick and useful way to share opinions, news, or even just fun photos with friends and loved ones. But, if you aren’t careful with what you put on social media, your latest post can become a major liability. Smart use of social media is a great policy for everyone, but it is particularly important for people who may be involved in a legal dispute.

This is especially true if you find yourself involved in legal matters involving a family law issue such as child custody or divorce proceedings. That’s because lawyers across the country are increasingly turning to social media in order to find evidence that may be used against opposing litigants. For example:

  •       A Facebook picture of a brand new car may be used as evidence that an individual is capable of paying more child support, or that the individual has been concealing income from the court.
  •       An Instagram photo of a spouse in a social setting with another suspected love interest might support claims that the spouse has been unfaithful.
  •       Social media posts involving profanity, weapons, or threatening material could be used to show that one parent is not one whose custody of a son or daughter is, “in the best interest of the child.”

These scenarios are not only limited to family law matters. Ill-advised social media posts have even been used by law enforcement to link suspects to narcotics offenses and other crimes.

social media and legal issues

So what should you do to make sure that your use of social media doesn’t become a problem for you or your loved ones?

First, exercise caution before you post. As long as you are making smart choices – both on and offline – your social media activity should not become the subject of any unwanted attention. Remember, professional investigators can easily find evidence on your social media profiles, even after it has been deleted.

Also, make sure that your privacy settings are enabled and that people you are not acquainted with are unable to view your pages and accounts.

Consider using an account name other than your real name. This will ensure that you only share posts, pictures, and opinions with your real “friends” – those whom you have shared your details with, and not individuals who may not have your best interests at heart.

Finally, do not be tempted to log in to someone’s social media accounts without his or her permission. Doing so could be illegal, and the information you find may not be allowed in court.

Staying smart regarding one’s use of social media is an important rule for all of us to follow, but exercising caution is especially important for those involved in domestic legal proceedings or otherwise subject to chancery court orders. Any content you post, tweet, or share could result in serious consequences. That’s why all family law issues are best resolved with the help of an experienced attorney who knows how to leverage advanced tools of investigation with intricate knowledge of the law in your pursuit of justice.

Are you in need of help with a legal question or issue? Get in touch with me, Vangela M. Wade at The Wade Law Firm in Ridgeland, Mississippi. With more than 18 years of legal practice and knowledge of Mississippi Family Law, The Wade Law Firm, PLLC is committed to serving all of our clients with the utmost expertise, diligence, and care. Contact me at The Wade Law Firm, online or call 601.790.0043 for an initial, affordable consultation.

Attorney Vangela M. Wade

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Child Support in Mississippi: What Happens If Obligations Aren’t Met

Posted on January 7, 2016 by vmwade — 1 Comment

Child Support in Mississippi: What If An Ex-Spouse or Non-Custodial Parent Stops Paying? What if the Non-Custodial Parent Can’t Meet His/Her Child Support Obligation?

Child Support Attorney Jackson MS

Child Support Attorney Jackson MS

The State of Mississippi, like jurisdictions across the country, is keenly interested in whether or not ex-spouses or partners are paying their child support as ordered by the courts. After all, “the best interests of the child” are always paramount in the minds of attorneys and judges across the state. So what should someone do if their ex-spouse has stopped paying child support? What if you, or someone you know, is falling behind in child support payments?

Like many things in life, the key to maintaining payment of child support is diligence. Although it may be tempting to ignore a missed payment here and there, doing so risks setting a precedent where the non-custodial parent feels entitled to pay only when he or she wants to. If you’re the one being “let off the hook,” well, you’re probably wrong about that. Unless modified by the courts, child support payments are due as stated in the Order to the custodial parent until the child is emancipated. Generally, this means the obligated non-custodial parent cannot unilaterally modify the court Order to pay child support.

Family Lawyer Ridgeland MS

Moreover, the custodial parent cannot unilaterally modify the court Order to accommodate the obligated parent. The obligated parent must abide by the Order until it is modified by the court, or the terms stated in the Order are met. Such terms are usually stated as child support is due until the child has reached 21 years old, or has otherwise become emancipated under the laws of this state from the care of the custodial parent.

Ultimately, deciding whether or not child support payments are due is a matter for the court, and never something to sort out on one’s own. Still, many non-custodial parents refuse to pay child support or fall seriously behind on payments. What happens then?

As with all legal matters, it depends on the facts of your case and situation. That’s why it’s best to hire an attorney. But, the potential consequences of not paying are certainly serious. Let’s take a look at just a few:

  • Income withholding
  • Loss of unemployment benefits
  • Interception of federal or state tax refunds
  • Bank accounts frozen
  • Driver’s license suspension
  • Passport revocation
  • Jail time – That’s right. It is not uncommon for non-paying parents to find themselves behind bars.

So what is the best plan of action if you aren’t receiving child support payments on time or falling behind on your payments? Contact me, Vangela M. Wade, an experienced Family Law attorney.

There are many enforcement measures available through the courts and other official channels. These will help make sure that you are paid the child support due to you in order to take care of your child or children. For those falling behind on payments, there are also ways to modify the amount of child support required when circumstances change. Regardless of which side you fall on, entrusting your case to a trusted, experienced lawyer will help ensure that you and your child’s needs are met.

Attorney Vangela M. Wade

Attorney Vangela M. Wade

If you have questions about child support in Mississippi or a personal legal matter, get in touch with Vangela M. Wade, at The Wade Law Firm, PLLC to arrange an affordable consultation with an experienced Family Law attorney. 

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Contested Vs. Uncontested Legal Matters: What’s the Difference?

Posted on December 7, 2015 by vmwade — 1 Comment

the wade law firm, PLLC

Thanks for visiting the The Wade Law Firm, PLLC blog! We hope you find this site to be a helpful source for learning a little more about the law that affects all of us from day to day. Today, we will focus on contested legal matters and uncontested legal matters. What’s the difference? What are some examples of each? If you have the option, how does proceeding one way or another affect your rights? Let’s find out.

The difference between contested and uncontested matters is fairly straightforward.

A contested legal matter is simply one in which there are two or more parties involved that are seeking different outcomes. Think of some of the more common scenarios that come to mind when you think about lawyers or courts of law. Perhaps you have a speeding ticket. You and the city, county, or state that gave you the ticket are involved in this case. You would like to prove your innocence. The jurisdiction responsible for the ticket would like to convict you and collect the speeding fine. This is a contested matter. Divorces are commonly contested matters as well, since the spouses often disagree on who is responsible for the divorce or how marital property and child custody should be divided. Simply, if you do not agree, your divorce is contested and the Judge will determine the outcome. Contested divorces, custody, visitation, child support, etc. result in more time, money, stress and most likely irreparable relationships.

But what about uncontested legal matters? Examples of uncontested matters are less likely to come to mind, but they are not uncommon. Maybe you or someone you know has decided to change their name at some point. This simple procedure requires activity by the courts, but no one is “contesting” anything. One party essentially asks the court for the name change, and that party usually receives it without any holdup. But more complex matters can sometimes proceed as uncontested cases. For example, divorces in Mississippi may be considered uncontested where both spouses agree on the terms of the divorce and division of marital property, child custody, etc. Generally, if everyone involved is on the same page, you may have an uncontested matter. The Wade Law Firm, PLLC specializes in uncontested legal matters.

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So why do we need this distinction? For most people, the difference is noticed when it comes time to pay the bill for the legal services. As you may imagine, uncontested matters are almost always less expensive to resolve than contested matters. Think about it — if your attorney needs to argue for your interests against the interests of someone else, that will require far more time, paperwork, research, preparation, and court appearances. That means more significant bills should be expected.

The majority of people’s legal needs will involve contested cases even if the parties subsequently agree on a resolution. That’s right, what began as a contested matter may end uncontested with both parties agreeing on issues they could not reach consensus on initially.   This is simply the nature of our system. However, if you have the option, tackling your legal needs as an uncontested matter is a good idea since it’s generally more economical and the outcome is predictable.

If you’re in need of uncontested legal representation, get in touch with The Wade Law Firm, PLLC in Central Mississippi. We are happy to help you determine your legal needs and achieve a positive, flat-fee solution.

Attorney Vangela M. Wade

Attorney Vangela M. Wade

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The Wade Law Firm: Trusted Counsel for Your Life Planning Needs

Posted on October 25, 2015 by vmwade — Leave a comment

life planning needs

Here at The Wade Law Firm, PLLC, Central Mississippi Family Law Attorney, we provide a wide range of services to support you through all of life’s most important legal scenarios. Perhaps the most important time of life that requires legal expertise is the end of life. When we talk about life planning, most people immediately think of final wills – who gets what after you pass away. Just as important though, is making sure that your wishes are followed during the final days before you pass away.

What happens to your home if you spend your last days in the hospital? What about your children and relatives? What if you are in the hospital and unable to make decisions for yourself? Who will make important medical and financial decisions on your behalf? These aren’t questions you want to think about, but it is necessary to have a plan.

Often times, people who are seriously ill may have reduced mental capacity. You’ll have to take steps ahead of time to make sure that this possibility doesn’t negatively affect your final wishes.

Here are a few common life planning devices that will help you make sure your health care desires are followed by both medical professionals and your friends and family.

Health Care Directives/Power of Attorney/Living Will

Health Care Directive, Health Care Power of Attorney and Living Will are commonly interchanged. Regardless of the term used, this is a legal device that allow a person to make decisions about their health care before they are actually sick and/or mentally incapacitated. A properly crafted health care directive designates your health care agent. You may designate one of your adult children or spouse as the person legally allowed to make decisions in your place. If you are mentally unable to decide how to treat your illness, this person will have the power to make decisions in your best interests. Your directive authorizes your agent to consult with your treating physicians about your care to ensure the course of treatment, medication, and life sustaining measures.

Other reasons for a health care directive includes restriction on medical treatment due to your religious beliefs. For example, some people may have religious reasons to refuse a blood transfusion. With a health care directive, you can ensure that you don’t receive a blood transfusion even if you’re unconscious when at the hospital.

Do-Not-Resuscitate Orders

Some people, especially those of advanced age, may be ready to transition or die naturally. For these people, a do-not-resuscitate order is an option. This order will direct health care professionals to not take extreme measures to try to revive you if you are seriously ill or near passing. For example, they may not use CPR or a ventilator to try to restart your breathing or your heart. This is just another option available to you as you consider your legal life planning.

As you can see, the issues covered by these legal devices are very important to ensuring that your final wishes are granted. While it’s not the most fun thing to do, life planning is extremely important for your future requests as well as your loved ones.

If you would like to learn more, contact the The Wade Law Firm, PLLC today. Jackson, MS Attorney Vangela M. Wade has over 18 years of legal experience guiding countless clients through the process of life planning and other practice areas. Give us a call at 601.790.0043 or contact us online to discuss your legal matters in a confidential, affordable consultation.

Attorney Vangela M. Wade

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Mississippi Fault Grounds for Divorce: Adultery

Posted on September 22, 2015 by vmwade — Leave a comment

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In one of our earlier blog posts, The Wade Law Firm, Central Mississippi Family Law Attorney, covered the basic fault grounds for divorce in the state of Mississippi. There are twelve fault grounds, and each is applied differently. So in the next series of blogs, we will cover some of the most common fault grounds that people use to obtain a divorce in Mississippi.

You can find the full text of the Mississippi law covering all of the grounds for divorce in Mississippi Code Section 93-5-1. In the meantime, let’s talk about one common reason couples divorce all over the country – adultery.

Adultery is what most of us know as “cheating.” Although we all know what cheating means, the law treats this topic very carefully. Actions constituting adultery are not always clear cut so each case lives or dies on its specific set of facts and circumstances. If you think you may need a divorce (or need to defend against a divorce) on the grounds of adultery, here’s some basic information you should know.

A Few Facts

Mississippi law defines adultery as “voluntary sexual intercourse of a married person with a person other than the offender’s spouse.” A divorce may be granted only to the “innocent spouse” on this ground. That is, the husband or wife who did not cheat. It doesn’t take much to justify a divorce on these grounds in Mississippi. One incident may be enough to justify a divorce. The complaining party must bring forth proof – direct or circumstantial.

Direct Proof

Direct proof is just that – direct and obvious. If the unfaithful spouse admits that he or she has cheated, that’s about as direct as it gets. Also, other concrete proof like tape recorded conversations, photos, videos, and text messages may provide direct proof that one spouse has committed adultery.

Circumstantial Proof

Of course, since people are usually very secretive about these sorts of things, “Circumstantial Proof” can also prove adultery. Think of this as the writing on the wall. There are two things the innocent spouse must show to prove circumstantial proof:

1. A spouse’s generally adulterous nature – if they’ve cheated many times before, it’s likely the court may find that the guilty spouse did it again. Or, the spouse may be obviously infatuated with someone else.

AND

2. A reasonable opportunity to satisfy that infatuation or adulterous nature.

Examples

For example: if the partner suspected of adultery has been talking on the phone with another man or woman, the conversations may show infatuation with someone other than his or her spouse. If the spouse then stays the night with that other person, this may prove opportunity to satisfy the desires and infatuation. Taken together, there is circumstantial proof that adultery occurred.

Since circumstantial proof isn’t as obvious as direct proof, the evidence must be “clear and convincing.” Also, the behavior of the cheating spouse must not have another reasonable explanation.

For example: If the spouse and the other person speak on the phone because they are business partners, and the spouse spent the night because his or her house burned down, there may be a reasonable explanation for the behavior. Similarly, an occasional hug or workplace flirting may not be clear and convincing enough.

Condonation

Still, even after adultery is proven, many people don’t realize that they may lose entitlement to a divorce based on adultery. This can happen by “Condonation.” If the innocent spouse resumes sexual relations with the guilty spouse even after they know the guilty spouse has been cheating, they have condoned the cheating. Simply put, if you know your spouse has committed adultery, but you sleep with him or her again, the courts assume that you are okay with the cheating. If you are okay with cheating, you won’t be entitled to divorce over it.

Wrapping Up

So there you have it: the basics of proving (or disproving) adultery. Remember, like the other fault grounds, the person seeking the divorce must prove that the other spouse is at fault. If there is no proof of wrongdoing, there are no grounds for divorce. This is why it is always a good idea to hire an attorney if you find yourself on either side of a divorce. This blog provides only basic information, and an experienced, proven attorney can help you navigate these issues and get the best results.

Divorce and Family Law Attorney Vangela M. Wade has over 18 years of specialized legal experiences and is ready to go to work for you! We are located in the Metro-Jackson area and are prepared to assist clients throughout Mississippi and the greater Mid-South area. If you have any questions, get in touch and see what The Wade Law Firm, PLLC can do to help you.

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