Do You Need a Family Law Attorney in Gulfport, Mississippi?
Mississippi family law cases are decided in chancery court, and the rules that govern them are specific to this state: a six-month residency requirement for divorce, a 60-day waiting period for an agreed divorce, fixed child support percentages, and court-made factor tests for custody, alimony, and property division. At Holleman Law Firm, PLLC, attorney Mike Holleman has guided Gulf Coast families through these cases since he was admitted to the Mississippi Bar in 1981.
Whether you are considering divorce, trying to protect your time with your children, or need to change a support order that no longer fits your life, we explain your options in plain language and help you make decisions you can live with.
To schedule a free consultation with Mike at our Gulfport office, call (228) 868-0064.
How Do You Get a Divorce in Mississippi?
Mississippi allows divorce on one of the fault grounds listed by statute, such as adultery or habitual cruel and inhuman treatment, or on the ground of irreconcilable differences. An irreconcilable differences divorce requires either a joint complaint or a properly served spouse who does not contest it, and the complaint must be on file for at least 60 days before it can be heard (Miss. Code Ann. § 93-5-2). The spouses must also resolve custody, support, and property issues by agreement or ask the court to decide them.
To file for divorce in Mississippi, at least one spouse must have lived in the state for six months before filing. Service members stationed in Mississippi and living here with a spouse are treated as residents for this purpose (Miss. Code Ann. § 93-5-5). Our article on how to get a divorce in Mississippi walks through the filing requirements step by step.
How Is Child Custody Decided in Mississippi?
Mississippi chancellors decide custody based on the best interest of the child, weighing the factors set out by the Mississippi Supreme Court in Albright v. Albright, 437 So. 2d 1003 (Miss. 1983). Those factors include each parent’s role as primary caregiver, parenting skills, stability of the home, employment demands, the child’s age and health, and, for older children, the child’s preference. We help parents build a record that speaks to these factors and craft visitation schedules that work for real families, including parents who relocate. See our custody, visitation, and child support page and our article on parental relocation for more detail.
How Is Child Support Calculated in Mississippi?
Mississippi child support starts with a statutory percentage of the paying parent’s adjusted gross income: 14 percent for one child, 20 percent for two, 22 percent for three, 24 percent for four, and 26 percent for five or more (Miss. Code Ann. § 43-19-101). Courts may deviate from the guidelines when the amount would be unjust or inappropriate, for example when income is very high or a child has extraordinary needs. Our article on how to terminate child support in Mississippi explains when support ends and how to ask the court for a change.
How Are Property and Alimony Decided in a Mississippi Divorce?
Mississippi divides marital property through equitable distribution, which means a fair division rather than an automatic 50/50 split. Chancellors apply the factors from Ferguson v. Ferguson, 639 So. 2d 921 (Miss. 1994), including each spouse’s contributions to the marriage and to acquiring the property. Alimony is decided separately using the factors from Armstrong v. Armstrong, 618 So. 2d 1278 (Miss. 1993), such as the length of the marriage, each spouse’s income and earning capacity, and health. Read our guides on how property is divided in a Mississippi divorce and whether you can empty a bank account before a divorce.
How Does Military Divorce Work on the Gulf Coast?
Families connected to Keesler Air Force Base and the Naval Construction Battalion Center in Gulfport face additional issues: where to file, how deployment affects custody and visitation, and how military retirement pay is divided. Federal law, the Uniformed Services Former Spouses’ Protection Act (10 U.S.C. § 1408), allows state courts to treat military retired pay as divisible property, subject to specific rules for direct payment through the Defense Finance and Accounting Service. We help service members and spouses understand how these federal rules interact with Mississippi law.
What Family Law Services Does Holleman Law Firm Offer?
- Contested and uncontested divorce
- Divorce and property division
- Child custody and visitation
- Child support, including modification and termination
- Alimony and spousal support
- Parental relocation
- Military divorce
- Modification and enforcement of prior orders
Why Do Gulf Coast Families Choose Holleman Law Firm?
Mike Holleman founded Holleman Law Firm, PLLC in 1996 so that every client would work directly with him. In a family law case, that means the attorney who knows your children’s schedules and your financial picture is the same attorney standing beside you in Harrison County Chancery Court. We represent clients in Gulfport, Biloxi, Long Beach, Pass Christian, Ocean Springs, Bay St. Louis, and throughout Harrison, Hancock, and Jackson counties.
What Else Do Families Ask About Divorce and Custody in Mississippi?
How long does a divorce take in Mississippi?
An irreconcilable differences divorce cannot be heard until the complaint has been on file for at least 60 days (Miss. Code Ann. § 93-5-2). If the spouses agree on everything, the case can often be finished shortly after that. A contested or fault-based divorce usually takes longer because the court must hear evidence.
Do I have to live in Mississippi to file for divorce here?
At least one spouse must have been a Mississippi resident for six months before filing. Service members stationed in Mississippi and living here with a spouse count as residents (Miss. Code Ann. § 93-5-5).
How is child support calculated in Mississippi?
The court starts with a percentage of the paying parent’s adjusted gross income: 14 percent for one child, 20 percent for two, 22 percent for three, 24 percent for four, and 26 percent for five or more (Miss. Code Ann. § 43-19-101). The court can adjust that amount when the guideline figure would be unjust or inappropriate.
Is Mississippi a community property state?
No. Mississippi uses equitable distribution, so the chancellor divides marital property fairly based on the Ferguson factors, which may or may not mean an equal split.
Which court handles divorce and custody in Harrison County?
Divorce, custody, child support, and property division cases are heard in chancery court. Families in Gulfport and Biloxi generally file in Harrison County Chancery Court.