Legal Question in Family Law in Mississippi
uncontested divorce - no children
my husband and i have been together just over four and a half years. We have been married just over 2 and a half years. in the past two years he hasn't worked at all except for his basic training and ait for the national guard from august of 2001 to february 2002. I have been a college student since august of 2000 and am getting ready to graduate. However he still fails to obtain anytype of job and when i attempt to discuss the situation of bills being payed he doesn't want to hear it. I work part time and full time when i can due to school hours. I have about had it with when i get up in the morning he is just going to bed and when i come home, he is just getting up. For some reason he has it in his head that if and when we split up and go into a divorce that i am going to have to support him while he goes to school. Is this the case? I have been told that it is not. please inform me of the guidelines reguarding this situation.
1 Answer from Attorneys
Re: uncontested divorce - no children
In Mississippi, an irreconcilable differences divorce can only be obtained if both parties agree. Your email does not indicate there is any grounds for a fault-based divorce. Therefore, it looks like you will not be able to divorce him unless he agrees. To obtain his agreement, you may have to provide support while he pursues his college education. However, the law does not require you to provide it.
If you just leave him, he may be able to obtain "separate maintenance and support" which is an order from the court requiring you to pay temporary support in an amount to provide for his necessities until you decide to return to the home or allow him to live with you. However, he has to find a sympathetic judge in the jurisdiction in which he lives.
Being in the guard and maintaining a job is difficult. Being in the guard and trying to find an employer who will support his guard commitment these days is even more difficult, and the job market may not be so good for him in his chosen career field. It seems he is unwilling to give up his commitment to service in the military in order to get a job? Has he considered transferring into active duty if he qualifies. Has he contacted the military for any assistance in finding employment? Also, if he had a business that was impacted by his being mobilized he may be able to obtain a disaster assistance loan from the Small Business Administration in order to revive it.
Lastly, consider getting him some help to find employment and to possibly deal with depression or whatever else that has changed his behavior. If he has been mobilized, he has the VA services available to him for two years after the last day of his mobilization. To receive VA medical care he needs to mail a simple form along with his DD-214 to the nearest VA hospital. More information can be obtained on this from the local VA service officer at the nearest county courthouse. Otherwise, he can call the VA at its toll free number listed in the phonebook. To get him to the VA for counseling, you may need the help of his family.