Legal Question in Family Law in Mississippi

Re: divorce

The court will usually approve the couple's agreement regarding asset division, alimony and support in an irreconcilable differences divorce. If the divorce is submitted to the as a fault based litigation, the court will try to put the parties into positions equivalent to what they had while married. The judge's tools are asset division, debt division, and different forms of alimony and support. Prior to a divorce, the court can award temporary alimony and support including use of the residence depending on what is equitable. A husband's house may be his separate property, but it is subject to the wife's right of homestead and if the wife made direct or indirect contribution towards mortgage payments or relieving the husband of some financial burdens so he can pay the mortgage, then she has a claim for an equitable interest in the home.