Byron R. Mobley, Attorney At Law

Domestic Law
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Divorce and Child Custody Law in Mississippi

In Mississippi a divorce can be granted either as an Irreconcilable Differences or under one of the fault grounds recognized by the state.  In order to be granted a divorce under Irreconcilable Differences both parties have to agree on the divorce. 
A divorce on Irreconcilable Differences must be on file for 60 days prior to being granted.  During that 60 day period it is typical that the parties enter into an agreement on all issues.  If such an agreement is not reached and if both parties agree a Judge can hear a trial on the division of marital assets and child custody.
The Fault grounds in Mississippi are:
  • Adultery
  • habitual cruel and inhuman treatment
  • Desertion
  • Habitual drug use
  • Habitual drunkenness
  • Natural impotency
  • Insanity at time of marriage
  • Bigamy
  • Incest at time of marriage
  • Pregnancy of wife by another at the time of marriage 
  • Sentenced to state penitentiary
  • Incurable insanity


In Mississippi the Court considers the best interest of the child to be the polestar consideration in deciding custody.

In order to decide what is in the Child's best interest the Judge will consider a number of factors which the Mississippi Supreme Court laid out in 1983 in the case of Albright v. Albright.  These factors are:

  • Age of the child,
  • Sex of the child,
  • Health of the child,
  • Which parent had more continuity of care of the child prior to separation,
  • Which parent has the best parenting skills,
  • Which parent has the willingness and capacity to provide primary child care,
  • Employment of the parent and the responsibilities of that employment,
  • Physical health, mental health and age of the parents,
  • Emotional ties of parent and child,
  • Moral fitness of parents,
  • Home, school and community record of child,
  • Child’s preference to select custodial parent if 12 years or older,
  • Stability of the home environment and employment of each parent, and
  • Other factors relevant to the parent-child relationship.


Nothing at this site should be construed as legal advice for any individual case or situation. This information is general content only, and should not be relied upon for any specific information. For specific legal advice consult an experienced attorney.



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