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Family Law

Mississippi Family Law Blog

By Robert M. Kisselburgh, Esq.

Post Frequency: 1.1/day

Last Entry: July 07, 2010 at 23:40:18

Prenuptial Agreements

Posted on September 11, 2008
Prenuptial Agreements--protecting your assets before divorce Contrary to popular belief, prenuptial agreements aren?t only for the rich and famous. A prenuptial agreement (also called a premarital or antenuptial agreement ? just to make things more confusing!) can be very useful for many couples, especially those who have had time to accumulate any assets at all and for those with children from previous relationships...

Estate Planning after a Second Marriage

Posted on September 08, 2008
It may be time to review your Will Chances are that you have a Will somewhere that you had drawn up when your children were born. Depending on how long ago that was, you should probably dig it out, review it and then talk to an attorney about updating your estate plan to account for your current family situation...

Joint or Shared Physical Custody

Posted on September 05, 2008
Working together for your children--joint or shared physical custody Shared physical custody of children following a divorce has become more prevalent over the last decade. While joint legal custody (which provides joint decision-making authority for the child) is quite often ordered by the courts, joint physical custody is still relatively unusual...

Divorce or be sentenced to Death?

Posted on September 02, 2008
Think you have it bad? A Nigerian man has been ordered to divorce 82 of his 86 wives or face the death penalty. Under the law, he is only entitled to have 4 wives. Amazing. Click here to read this strange story.

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Parental Alienation

Posted on August 31, 2008
Parental Alienation--pitting your child against the other parent Parental alienation ? a hot topic in family law across the nation - is defined as a systematic alienation of a child from one parent, purposely caused by the other parent. A poisoning, if you will, of the child against a parent because of the words and actions of the other...

Newest Addition to our Firm

Posted on August 14, 2008
A week ago, the Kisselburgh Law Firm grew one with the addition of Maggie. Maggie, a 9 week old Golden Retriever, faithfully comes to the office each day and greets visitors as they arrive. Stop by sometime and see the newest and sweetest addition to our law firm...

Are divorce rates tied to stock market declines?

Posted on August 02, 2008
Divorces increase as economy worsens According to a recent article, divorce rates increase as the stock market plunges. While the article offers many explanations, I think the key explanation is that the lack of money during bad economic times highlights problems in an already troubled marriage...

"The Last Lecture" Professor Dies

Posted on July 25, 2008
"The Last Lecture" Professor Dies Randy Pausch, who presented "The Last Lecture" as well as wrote a book by the same name, died from pancreatic cancer at the age of 47. I have talked about Randy on my website and urged folks to watch the video of "The Last Lecture" and read his book...

Judge dresses down mad wife for YouTube video

Posted on July 22, 2008
Judge finds no humor in YouTube video In an update to a previous blog about the mad wife who posted a video on YouTube of her ranting about the unfairness of a prenuptial agreement, a New York judge gave the wife a month to vacate the couple's New York apartment and upheld a prenuptial agreement limiting her divorce settlement to $750,000...

The high costs of divorce

Posted on July 12, 2008
The Shark pays a hefty sum for divorce According to recently released documents, famed golfer Greg Norman paid $103 million to his former wife to end their marriage. The recent article says the divorce settlement was reached in 2007 but the details were just made public...

Estate Planning and Divorce in Mississippi

Posted on July 08, 2008
When you divorced, did you modify your estate plan? For many couples going through divorce, the focus is on the divorce process and its aftermath. With the wave of emotions involved in the divorce, many forget about their estate plan. Ask yourself some simple questions which apply both during and after the divorce process...

Mississippi Court tells wife no alimony after multi-million dollar property award

Posted on July 03, 2008
No alimony for wife after mulit-million dollar property settlement In a case this week out of Jackson County, Mississippi, the parties, who were married for 33 years, agreed to a divorce and a property settlement which divided the martial estate of just over 5...

Starting over after divorce

Posted on June 24, 2008
Man looks to eBay to start over following divorce According to a recent article, an Australian man is attempting to start fresh following his divorce. He put all of his worldly possessions, plus more, up for sale on eBay. The 44-year-old is selling his car, home, jet ski, friends, hobbies, and job...

Judge goes too far in child custody matter

Posted on June 20, 2008
Judge overrules father's discipline of 12-year-old From across the border comes a story out of Quebec (Canada for those rusty in their geography) where a judge overruled a father who sought to prevent his daughter from going on a school trip. According to the article, a divorced father had custody of his 12-year-old daughter...

Man pays alimony to ex-wife turned man

Posted on June 18, 2008
Man paying alimony to ex-wife who underwent sex change operation Here is a bizarre story. A man and woman marry. After a bit of time, the wife starts cutting her hair shorter, gets some tattoos, injects herself with testosterone, voice gets deeper, and she now has to shave her beard...

Divorce through a child's eyes

Posted on June 12, 2008
Child Custody--a child's perspective Child custody is a difficult part of divorce. I've listened to a number of divorced parents talk about the problems they have in getting the ex-spouse to abide by the terms of a divorce decree when it comes to child custody...

Website for divorced women

Posted on June 05, 2008
First Wives World website For divorced women, or women going through divorce, there is another website for you to share your thoughts, whether it be frustration or jubilation, or seek out answers to those lingering questions. First Wives World says it is a "community for, and by, divorced women...

I Want A Divorce

Posted on May 29, 2008
How to tell your spouse you want a divorce The Today Show ran a series on how to tell your spouse you want a divorce. The video is below and contains some useful information. If you are contemplating a divorce, click here to get your free copy of the Mississippi Divorce Guide and call the Kisselburgh Law Firm to see how we can help you through this difficult time...

Memorial Day

Posted on May 26, 2008
Memorial Day--Remembering those who made the ultimate sacrifice On this Memorial Day, we pay tribute to those who made the ultimate sacrifice by providing us the freedom to do what we do. Many brave men and women are not with us today while others are defending us home and abroad...

Condonation?when it is not a defense to divorce in Mississippi?

Posted on May 24, 2008
Cohabitation does not equal condonation Continuing on with our discussion of condonation as a defense to fault-based divorce in Mississippi, some cases have held the defense of condonation does not apply to those continuing offenses such as cruel and inhumane treatment and habitual and excessive drug use...

Condonation?when is it a defense to divorce in Mississippi?

Posted on May 22, 2008
Is resumption of sexual relations enough? Last time I spoke generally about condonation as a defense to fault-based divorce in Mississippi. Let?s take a look at its application in some specific divorce cases. In the case of adultery, condonation means the innocent spouse forgives the spouse who committed adultery and the spouses resume normal marital relations...

Condonation?a defense to divorce in Mississippi?

Posted on May 20, 2008
The ?I forgive you? defense The second, and most commonly used, defense to a fault-based divorce is condonation. Essentially, it means forgiveness. The Mississippi Supreme Court explained condonation as: ?forgiveness of a martial offense theretofore committed, on condition that it will not be repeated and that the offender will thereafter treat the forgiving party with conjugal kindness...

Recrimination?a defense to divorce in Mississippi?

Posted on May 18, 2008
The ?You did it too? defense The first defense to a divorce is recrimination. Recrimination ?is founded on the basis that the equal guilt of a complainant bars his/her right to divorce, and the principal consideration is that the complainant must come into court with clean hands...

Defenses to Divorce in Mississippi

Posted on May 16, 2008
Defenses to Divorce in Mississippi In previous posts I spoke about the different types of divorces in Mississippi. The first, irreconcilable differences, is when the parties agree to divorce. Remember, Mississippi does not have true no-fault divorce?that is one party can get a divorce even though the other party does not agree to divorce...

Mississippi case highlights conduct during separation

Posted on May 13, 2008
Adultery during separation provided grounds for divorce In a recent case out of Jackson County, Mississippi, the Court of Appeals upheld a chancellor's decision to grant a divorce based on adultery even though the husband and the alleged paramour denied the affair...

Mississippi man jailed for failing to pay child support

Posted on May 08, 2008
Kosciusko man going to jail for not paying child support A Kosciusko, Mississippi man was sentenced to 10 years in prison and ordered to pay $68,215.87 in back child support. According to the article, he will serve 2 of the 10 years in prison for failing to pay the child support...

Mississippi Divorce Guide

Posted on May 07, 2008
Free Mississippi Divorce Guide For those contemplating a divorce or just considering their options, you might find the answers to your questions in my recently completed C.D.--the Mississippi Divorce Guide. In the C.D., I discuss: Different ways to resolve a divorce; An overview of a divorce case in Mississippi; How is the property divided in a divorce; How child custody is determined; What are the child support guidelines in Mississippi; and 5 steps to take when divorce is at your doorstep...

Politician targeted by bitter ex-spouse

Posted on April 25, 2008
The old saying is that "Hell Hath no Fury like a Woman Scorned." Well, it appears it applies to men as well. In South Carolina, a man is running his own ad campaign against a local politician he claims had an affair with his ex-wife. According to the article, the man was granted a divorce based on charges of adultery between the wife and the politician...

Ex-WorldCom CEO's wife files for divorce

Posted on April 23, 2008
Bernie Ebbers' wife files for divorce in Madison County, Mississippi Bernie Ebbers' wife filed for divorce from her imprisoned husband in Madison County, Mississippi this last week. Ebbers was sent to prison in 2006 after his conviction for securities fraud and conspiracy while head of WorldCom...

Mad wife takes her complaints to the airwaves

Posted on April 18, 2008
YouTube video of wife upset at husband Tricia Walsh-Smith is now the poster child of what not to do when going through a divorce. Unhappy with how her husband is treating her in the divorce and unhappy with the prenuptial agreement she signed, this wife decided to make a video where she talks about how she is being mistreated, how her sex life with her husband (or lack thereof), and other various complaints...

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