Legal Question in Family Law in Mississippi

Do I have to respond to my wife's lawyer?

I live in MS where we have nofault divorce based on ireconcilable differences. My wife's lawyer sent me paperwork to sign to begin the divorce process. For financial reasons I do not want a divorce and intend postpone it as long as possible. Also included were forms stating she wanted to come get her personal belongings and some computer equipment. These are things she has already retrieved but I think this is a ploy to get some money out of me. She wants to come out with an officer to get her 'things'. My inclination is to totally ignore the letter since it is not a court order. My friend told me that if I don't respond than I am admitting her claims to property are valid. He thinks I should respond and state that she has her things to cover my tail. Should I ignore the letter or respond to it? Also if she shows up here with an officer do I have to let them in without a court order? The house is titled in my name and in MS it is considered my property and not hers. Thanks.


Asked on 12/30/02, 9:59 pm

2 Answers from Attorneys
Albert Pettigrew Law Offices Ph 228-875-8736

Re: Do I have to respond to my wife's lawyer?

In Mississippi she cannot obtain an irreconcilable differences divorce without your agreement. Rather than remain silent, negotiate directly with your wife with a view towards your mutual benefit. If you give something here, she may give something there where you both feel better off.

An officer will not come with her to your house because of concern about liability. Identify with her what you both feel should go to her and what should go to you. Then exchange them in a public place or both of you agree to have a couple of other people exchange the items for you. Then negotiate over the rest. Your mutual objective should be to complete the divorce with the least amount of cost and friction, and some things are not worth disagreeing over. If you can't agree on something, maybe somebody like a minister can counsel the both of you together about how you might resolve your differences in a constructive way.

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Answered on 12/30/02, 10:34 pm
Jeffrey Padgett Padgett Law Firm, pllc

Re: Do I have to respond to my wife's lawyer?

I would atleast respond, in writing with a saved copy, stating that she has xxx with her and only has xxx left which she can come get, with or without the police, as long as you're there. The best, soundest advise would be to retain counsel to deal with her attorney especially if you have financial issues concerning not divorcing yet.

Let me know if I may be of additional service.

Jeff

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Answered on 12/30/02, 10:35 pm


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