Legal Question in Family Law in Mississippi

Divorce without a Trial

A couple in Mississippi are trying to agree on the terms of their divorce. e.g. child support, division of assets, etc. Can they do this with out having a trial? If so, how is the agreement enforced. Also, there are several houses owned by the couple. If the wife is to receive sole ownership of a house, how can she be sure that the husband has not secretly refinanced it?


Asked on 6/30/00, 4:30 pm

1 Answer from Attorneys

Charles W. Field Charles W. Field, Attorney at Law

Re: Divorce without a Trial

First, no, there does not have to be a full-blown trial if they can reach an agreement. There will just be a five-minute hearing for the judge to grant the divorce and make the agreement the judgment of the court.

Once this is done, the judgment can be enforced by a Contempt action or whatever procedure Mississippi uses.

If the divorce case has already been filed she needs to file a Notice of Lis Pendens (again, or whatever is used in Miss.) If the case has not been filed, she will need to search the title records in the county where the land is located to see if title is still as it was.

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Answered on 9/13/00, 4:53 pm


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