Commonly Asked Questions

How long does this take?

The average is six to nine months, assuming that both sides want to reach a prompt resolution. It takes longer, obviously, if one side or the other is trying to string things out. The minimum is about 75 days.

Worst Case Scenario? Two to three years — and sometimes much longer. Don’t let that scare you, because all-out, fight-to-the-finish litigation is unusual; less than 5 percent of all cases take more than two years to resolve. So without knowing anything about you, we already know that chances are 95%+ that your case won’t take that long.

How can you tell whether your case will take a long time or not? Divorces take longer when a spouse takes unreasonable or extreme positions, and the other refuses to give in. The more uncooperative your spouse is, especially about the little things, the longer it takes.

How much will it cost?

Cost is driven by four things. The first is, how much are you fighting over? A couple fighting over custody spends more than a couple whose children are grown. A couple fighting over a $5 million estate spends more than one that is fighting over $50,000.

The second driver of cost is acrimony. If a spouse wants to fight over every single triviality, then divorce becomes expensive quickly. The more reasonable and businesslike people are, the less they spend.

The lawyer’s skill and preparation affects cost. It takes time to learn your story, interview your witnesses, study your documents, and prepare your trial. Preparation wins cases, but preparation takes time. Time is money.

The final consideration is something often called “client access.” Phone calls, emails, text messages — clients want to be able to reach their attorney when they need them. We pride ourselves on “client access,” because it is important to us that you know both what is happening now, and what to expect.

During our initial consultation with you, we can discuss how much the divorce is likely to cost, based largely upon what you tell us about your case.

You can read more about fees and costs in our Ultimate Guide to Fees.

How does all of this work?

Once you’ve retained our firm, we will work with you to prepare your case for the courtroom. This means learning your story, reviewing your evidence, interviewing your witnesses, and studying your documents. Preparation wins cases.

We are always alert to any opening that might lead to a fair settlement. The only reason why your case will go to trial is because your opponent refused to reach an agreement with you. Our experience shows that the better prepared that you are to litigate your case, the more interest your spouse will show in making the compromises necessary to conclude a fair settlement.

You can read more about how this works in our Ultimate Guide to the Process of Divorce.

What happens to our house?

Courts often award the house to the parent who will primarily have the children, but only if there is enough income between the parents to make this an affordable option. If it is not, or if there are no children, the court will let either spouse “buy out” the other, or else order the house to be sold and the sale proceeds awarded as part of the overall distribution of assets.

You can read more about how assets are divided in our Ultimate Guide to Division of Assets.

Can I get alimony?

Answer these two questions. First, can your spouse afford to pay alimony? If your family is barely making ends meet as it is, then there likely isn’t enough income available from which to award alimony, no matter how much you might need it.

Second, can you meet your lifestyle expenses without alimony (taking into account your assets and income)? The less that you need alimony, the less likely that you will be awarded alimony.

In Mississippi, there is no precise rule for how long you have to be married to obtain alimony. The longer your marriage, the better your chances. If the answers to the two questions posed above are Yes and No, respectively, and you have been married sufficiently long enough, then you have a claim for alimony. You can read more about how alimony is awarded in our Ultimate Guide to Alimony.

Will the children be ok?

In a word, yes. You already know how to care for your kids; divorce won’t change that. If your spouse is also a quality parent, the law will let the two of you continue to do what’s best for the children.

If your spouse is a cold, difficult, or hostile parent, we can explain the problem to the Chancellor and what steps need to be taken to protect your kids. You can read more about how the law protects children in our Ultimate Guide to Custody.

What about my business?

Divorce courts typically award full ownership of a business to the spouse who owns the business, even if the other spouse helped with its formation or operation.

However, courts will also assess a value to the business and award a portion of that value to the non-owning spouse. What’s awarded is a percentage of the value of the business, not a percentage of the business itself.

You can read more about businesses in divorce in our Ultimate Guide to Division of Assets.