Legal Question in Family Law in Mississippi

Re: divorce advice

This is one of those times when I�m so glad Mississippi is not a community property state. This state divides marital property based on equitable distribution. What does that mean? It means just about anything the Chancellor will view is �equitable� in a given situation.

I would also guess that your husband has dissipated large sums of money supporting his drug habit. The Judge will also take this into consideration when dividing the marital estate. Additionally, his drug abuse is one of the twelve grounds for divorce and if he is convicted of the felony charge that would be another. You can see all the grounds at this link:

http://www.mileklaw.com/grounds.html

The Judge will also take into consideration that you have a child that will need support and if your husband is in jail, there will be little (if anything) in the way of child support coming from him. I would certainly think that the Judge will be compelled to award you the majority of the marital assets. If your husband goes to jail, he will need little more than his toothbrush in prison.

I urge you to hire a local family law attorney at once to protect the marital estate. I would also encourage you to seek counseling for you and your daughter. You can�t help your husband; he must help himself, so be sure to take care of yourself and your child. Your family will be in my prayers.

Re: divorce advice

Division of property is up to the Judge and the law does not require a 50-50 division. If he gets sent to Pen you have a ground for divorce against which he can not defend.