Legal separation in Mississippi options for Brandon couples, shown through two neighboring homes

Can Legal Separation in Mississippi Help Brandon Couples?

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Many married couples in Brandon reach a point where they are no longer living as a household but are not ready to file for divorce. They may wonder whether simply moving into separate homes creates a legal separation, whether one spouse can receive financial support, or how to protect children and property during the transition. For anyone researching legal separation in Mississippi, the key point is that living apart and obtaining formal legal protections are not necessarily the same thing.

Mississippi does not use a single procedure called “legal separation” in the same way some other states do. Depending on the circumstances, spouses may discuss an informal separation, a written separation agreement, a court action for separate maintenance, or a divorce. Each option can affect housing, debt, income, parenting, and future property claims differently.

AS Law PLLC can help Brandon residents understand the distinctions and prepare questions for a confidential consultation. This article explains the options a couple may consider, how Rankin County’s chancery court system may be involved, and common issues to address before making a decision.

Legal Separation in Mississippi: What Living Apart Does—and Does Not—Do

A spouse may move out, maintain a separate residence, and begin managing daily life independently without filing anything in court. That arrangement can provide physical distance, but it does not automatically resolve ownership, support, debt, or parenting questions. Marriage generally continues until a divorce is entered, so important legal and financial issues may remain open.

In Brandon, couples often need to distinguish between a practical separation and an enforceable legal arrangement. A lawyer may review the facts and explain whether a negotiated agreement or court process is appropriate.

Informal separation and a written agreement

An informal arrangement may cover who remains in the family home, how bills are paid, and when each parent spends time with the children. However, verbal understandings can be difficult to prove or enforce if circumstances change. A written separation agreement may provide more clarity about subjects such as:

  • Temporary use of the home and responsibility for rent, mortgage, utilities, and repairs.
  • Division or preservation of personal property and financial accounts.
  • Payment of household expenses or possible spousal support.
  • Parenting schedules, transportation, communication, and child-related costs.
  • Responsibility for debts incurred before or during the separation.

A separation agreement is not the same as a divorce decree. It may address the parties’ intentions, but its legal effect depends on the document’s language, the surrounding circumstances, and whether it is presented to or incorporated into a court proceeding.

Brandon couple organizing housing and financial issues during a legal separation
Careful planning can help spouses address practical issues during separation.

Options Brandon Couples May Discuss Before Divorce

There is no universal “best” path for every married couple. A Brandon family law attorney may help a spouse compare the practical and legal consequences of several options before choosing whether to file for divorce.

Continuing to live apart while negotiating

Some couples continue living separately while they work toward an agreement. This can allow time to gather financial records, establish a parenting routine, and consider whether reconciliation or divorce remains possible. Living apart before divorce does not by itself settle marital property, eliminate joint debts, or determine custody. Couples may also need to consider how informal payments and account activity will be documented.

Negotiating separation terms

A negotiated agreement can create predictable rules while the marriage remains intact. The spouses may negotiate directly, through counsel, or through another structured process. Topics can include temporary support, insurance coverage, taxes, vehicles, bank accounts, retirement interests, and a parenting plan.

Negotiation does not mean every term will be accepted or that a court will approve every proposed arrangement. The agreement should be reviewed carefully before signing, particularly when one spouse has greater access to income, accounts, or property information.

Seeking separate maintenance in Mississippi

Separate maintenance is a Mississippi court-based remedy that may provide support or other relief while spouses remain married and live apart. It is different from divorce because it does not end the marriage. Whether separate maintenance is available, what must be proven, and what relief may be ordered depend on the facts and applicable Mississippi law.

A case involving separate maintenance may proceed in chancery court. For many Brandon residents, that means understanding the role of the Rankin County Chancery Court, along with filing, service, financial disclosure, and hearing requirements. A qualified Mississippi attorney can explain the current procedure and whether this option fits the circumstances.

Protecting Housing, Finances, and Parenting During Separation

Separation can create immediate practical questions even when neither spouse is ready to pursue divorce. Addressing those questions early may reduce misunderstandings and preserve important records. Depending on the situation, a person may want to organize:

  1. Housing information: Identify who lives in the marital home, who pays the mortgage or rent, and whether either spouse has moved personal property. A proposed change in housing may also affect school transportation and parenting time.
  2. Financial records: Gather recent account statements, pay information, tax returns, insurance records, loan documents, and evidence of significant purchases. Keeping copies in a secure location can help both spouses understand the financial picture.
  3. Debt and credit concerns: Make a list of joint accounts, recurring bills, credit cards, and obligations connected to the home. Closing or changing an account without understanding the consequences can create additional problems.
  4. Parenting arrangements: Develop a workable schedule for ordinary days, holidays, school events, transportation, and communication. A temporary routine is not necessarily a final custody determination.
  5. Written communications: Keep discussions about payments, property, and child arrangements civil and focused. Written records may help clarify what was agreed, although they do not automatically create a binding court order.

Mississippi family-law matters involving children are generally evaluated according to the child’s best interests. Parents should avoid treating a child as a messenger or making major changes based solely on an informal assumption about future custody. In Brandon and throughout Rankin County, counsel can explain how a proposed parenting plan may be addressed in a court proceeding.

Common mistakes include signing a detailed agreement without understanding its long-term effect, assuming a spouse’s promise will be enforceable without a written document, hiding or transferring property, and overlooking insurance or tax consequences. Because laws and procedures can change, local legal guidance is especially important before either spouse takes an irreversible step.

Frequently Asked Questions

Does Mississippi have a formal legal separation process?

Mississippi generally does not use one standardized filing called “legal separation” that functions like the legal-separation process in some other states. Depending on the circumstances, spouses may live apart, negotiate a separation agreement, or ask a court to address support through separate maintenance. A Mississippi attorney can explain which procedures may be available and how they differ from a divorce.

Can separated spouses divide property without getting divorced?

Spouses may negotiate terms concerning property, expenses, and other financial matters before a divorce. However, an agreement may not resolve every issue automatically, and its enforceability depends on the language and circumstances. Property acquired, sold, transferred, or used during separation can raise complicated questions, so professional review may be useful before signing or relying on an agreement.

Can one spouse receive support while the couple is still married?

Possibly. Separate maintenance is a Mississippi remedy that may address support while spouses remain married and live apart, but availability and requirements depend on the facts. A court may consider financial circumstances and other relevant issues. A consultation can help a spouse understand whether negotiated support or a court-based request should be evaluated.

How can separation affect children in Brandon?

Separation may require immediate decisions about where children stay, transportation, school routines, communication, and expenses. Parents can sometimes create a temporary parenting schedule by agreement, but an informal schedule is not necessarily a court order. If the parents cannot agree, a Mississippi court may address custody and visitation under the child’s best interests.

How AS Law PLLC Can Help

AS Law PLLC is dedicated to helping Brandon-area clients understand family-law choices during difficult transitions. The firm can review the practical concerns surrounding housing, finances, property, support, and parenting, then help a client prepare for discussions about an agreement, separate maintenance, or divorce. The appropriate path depends on the facts, the parties’ goals, and current Mississippi law.

If you are separated but not divorced, contact AS Law PLLC to schedule a consultation or case evaluation. A conversation with a Brandon family law attorney may help you identify questions, understand available options, and make informed decisions about the next stage.

The information in this article is for educational purposes only and does not constitute legal advice. Contact a qualified attorney licensed in Brandon, MS, for advice specific to your situation.

The Importance of the Jury in Your Criminal Trial in Jackson, Mississippi

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If you are facing drug charges, misdemeanor, felony, or other serious criminal charges, and are not pleading guilty, you have the right to a jury trial. A trial jury is a group of 12 people who will hear a case in court and who get to decide whether the defendant is guilty or innocent. In order for a person to be charged with a crime, the jury must unanimously decide a guilty verdict. This means that every member of the jury must find the accused “guilty.” Jackson County Mississippi notes that in order for a person to be found guilty, all 12 jurors must agree beyond a reasonable doubt that the person charged is guilty. If even one juror finds you innocent, you cannot be charged with the crime. In some cases, where juries are undecided, the courts may try to pressure jurors to make a decision one way or another, but if this happens in your trial, you may have a better chance to appeal a case where jurors might have been coerced into making a decision. If you are facing criminal charges, you have the right to a fair trial with a jury of your peers. One of the important parts of any trial is juror selection. Before a jury is selected for a criminal case, the judge and attorneys for both sides have the ability to ask potential jurors questions. This process, known as voir dire, which is Latin for “to speak the truth,” gives your criminal defense attorney the opportunity to evaluate potential jurors. Every aspect of a criminal trial can have an impact on its outcome—from the gathering of evidence to support your innocence, to the selection of jurors, to the way evidence is presented in court.

The Law Office of Andrew Sorrentino is a criminal defense law firm in Jackson, Mississippi who can assist you with all aspects of your criminal case—from putting together evidence to defend your innocence to ensuring that there are no errors or few errors during the jury selection process. A criminal conviction can damage your reputation, result in jail time and fines, and lead to other serious collateral consequences. The Law Office of Andrew Sorrentino is a criminal defense law firm in Jackson, Mississippi who defends the accused.

Understanding the Jury Selection Process in Jackson, Mississippi

During the jury selection process, jurors are first asked questions about their ability to serve on the jury. If a person has critical responsibilities outside of court that could interfere with jury service (like caring for a sick relative or attending school full time), the person may be excused. After this stage, attorneys from both sides can ask questions of the jurors to evaluate their biases and to determine whether they know anything about the case. The questions are generally designed to evaluate whether a juror might have a background or bias that might predispose him or her to favor one side over the other. There are some situations where a juror might not be selected to hear a case. For example, if a juror says that she would never vote for a guilty verdict on moral grounds, this juror might not be chosen. Other situations might result in a juror not being selected. If a juror is found to have a personal relationship with anyone involved in the case, is found to be of a similar profession to the accused, or found to have biases that could impact the outcome of the case, the juror might not be selected. Your criminal defense attorney may be able to challenge a juror if he or she believes the juror might be biased. A skilled criminal defense lawyer can review a juror’s background to reveal any biases. During the questioning phase, your criminal defense lawyer will also look at a juror’s body language, both during jury selection and during trial to evaluate how the argument is working or not working. The Law Office of Andrew Sorrentino is a criminal defense law firm in Jackson, Mississippi that may be able to assist you through all stages of your criminal trial, including during the important process of jury selection. Facing criminal charges? Have questions about whether you should go to trial or take a plea deal? The Law Office of Andrew Sorrentinocan help.

Criminal Defense Lawyer—For All Stages of Your Case

In a criminal case, especially in a criminal trial, all stages of your case matter, including the important jury selection process. The jury will decide your fate. It is important that your attorney oversee a selection of impartial jurors. If you are facing criminal charges in Jackson, Mississippi, you are innocent until proven guilty. Reach out to The Law Office of Andrew Sorrentino today, or connect with our lawyers by reaching out to USAttorneys.com today to learn more about your options and rights under the law.

What is the Difference Between an Annulment and Divorce in Jackson, Mississippi

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If you are thinking of ending your marriage, this might be one of the most difficult times in your life. While divorce is the most common way that individuals end a marriage, annulment is another way couples can end a marriage. However, the legal ramifications of divorce are different than those for annulment, and the requirements to seek an annulment are much higher than the requirements to seek a divorce. In most cases, the only option available to a married couple will be divorce. However, there are some situations where an annulment might be possible.

What is the major difference between an annulment and divorce? With an annulment, the marriage is found by the courts to have not been valid in the first place. This might be due to legal technicalities or fraud when the marriage took place. With a divorce, the marriage is recognized as valid. With an annulment, there is no marital property, debt, or alimony to be paid, because there is no marriage to speak of. With divorce, the couple will likely have to negotiate a divorce settlement involving division of property, debts, and possible alimony. Not sure whether you can seek an annulment? Not sure whether you should seek an annulment? Want to end your marriage in Jackson, Mississippi? Andrew Sorrentino is a divorce lawyer who can help you find the best course forward when it comes to ending your marriage.

When Can I Seek an Annulment in Jackson, Mississippi?

Couples can only seek an annulment in limited circumstances and the burden of proof will be high. You’ll need to prove that the marriage was not valid. Here are some ways couples can do so:

  • You or Your Partner Were Underage. If you or your partner were under 18 years old when you got married, you might be able to seek an annulment on the account that you were underage. However, if you both turned 18 and now live together, the courts might consider your marriage valid.
  • It is not legal to be married to more than one person at a time. However, it can happen if there was a clerical error when you or your partner filed for divorce. There are a range of circumstances where there might not be a record of a divorce on file. If this happens, you might be able to seek an annulment for your marriage on account of bigamy.
  • Did you learn about your partner’s children, debts, legal trouble, incarceration, illness, or other major issue after you were married. If you entered into the marriage under false pretenses, you may be able to seek an annulment for fraud. If your partner lied to you about his or her inability to have children, for example, it may be possible to seek an annulment.
  • If you learn you are related to the person you married, you may be able to seek an annulment. This isn’t common, but it’s one of the grounds for annulment.
  • Drunkenness or Inebriation. Had a wild night? Woke up married? You may be able to seek an annulment on the grounds that you were too drunk to understand the nature of the marriage contract when you signed on the dotted line.
  • Mental Incapacity. Some individuals suffer from mental illnesses where they lose touch with reality or are unable to make decisions for themselves. If you suffer from psychosis, mania, or an illness that can impact your memory or decision-making abilities, you may be able to seek an annulment if you weren’t aware of the nature of the marriage contract when you signed off on it.

These are just a few of the circumstances where an annulment may be possible. Just because you can seek an annulment doesn’t mean you might want to. An annulment can sometimes deny you certain important rights and benefits that divorce can provide. Which course of action is best for you? Every situation will be unique. The Law Office of Andrew Sorrentino is a divorce law firm in Jackson, Mississippi who may be able to assist you with seeking a divorce or an annulment.

Annulments Law Firm

The benefits and drawbacks of seeking an annulment must be weighed before each party pursues one as a course of ending a marriage. If you have children, you’ll need a parenting plan and will need to have a child support arrangement, whether you are annulling your marriage or getting divorced. If you have property in common with your partner, divorce and annulment will lead to very different outcomes and results. Not sure what course of action is best? Speak to Andrew Sorrentino, a divorce lawyer in Jackson, Mississippi today, or connect with USAttorneys.com to get matched with an attorney at The Law Office of Andrew Sorrentino today.

Restraining Order Lawyer in Jackson, Mississippi

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Victims of domestic violence are most at risk of suffering serious injury or death when they choose to divorce an abusive partner or when they make the decision to leave a violent relationship. Andrew Sorrentino is a restraining order lawyer in Jackson, Mississippi who may be able to help you seek a restraining order or a protective order against an abusive, violent, or threatening partner. A protective order can require that your former spouse move out of your home and avoid contact with you and your children. Protective orders can protect victims of stalking, harassment, or violence. However, victims of domestic violence should take steps to protect themselves before seeking a restraining order. Sometimes when abusive partners are served a restraining order this can spur violence, so a restraining order should be just one part of a comprehensive safety plan that victims of domestic violence should have in place for themselves or for their children. 

A spouse or partner need not be physically violent for you to seek a restraining order in Jackson, Mississippi. You may be able to seek a restraining order from a spouse who threatens you with violence, a spouse or partner who stalks you at work or school, or from a spouse or partner who has damaged your property or hurt your pets. Who can get an order of protection?

  • A spouse or former spouse of an abusive, threatening, or violent partner
  • Person who currently lives with a partner or a person who formerly lived with a partner
  • A former romantic partner of an abusive, threatening, or violent girlfriend, boyfriend, or intimate partner
  • Family members
  • A person with whom you share a child

The process of leaving a relationship or seeking a divorce when domestic violence is involved can be complicated. Victims of domestic violence may suffer not only from physical abuse, but they may also be victims of emotional abuse and financial abuse. If you or a loved one is trying to leave an abusive relationship, get help and protect yourself. The restraining order lawyers at The Law Office of Andrew Sorrentino in Jackson, MS may be able to help you get a restraining order against a violent or abusive partner.

What a Restraining Order Can Do in Mississippi

A restraining order can grant you important legal protections when it comes to keeping a violent or abusive ex away from you. A restraining order can legally require your ex to move out of your home. If your ex appears at your school, place of work, or calls you, you can call the police and if a restraining order is on file, your ex could face fines or jail. Having a restraining order on file may be able to protect your children from harassment or stalking by requiring supervised visitation. If you are seeking a divorce from an abusive ex, a restraining order on file could also help you when the time comes to develop a parenting plan for child custody. If you want physical custody of the children, a restraining order could give you leverage when the time comes to request supervised visitation or sole physical custody of your children. Navigating the process of divorcing an abusive ex can be challenging. Andrew Sorrentino is a restraining order lawyer in Jackson, Mississippi who may be able to help you seek a protective order and navigate the divorce process.

What a Restraining Order Cannot Do

A restraining order cannot prevent violence if an abusive ex decides to contact you despite the order. Restraining orders only provide you with legal protections. If your abusive or violent ex disobeys the order, the Mississippi Attorney General’s Office recommends that victims call 911 right away. Carry your restraining order with you at all times, so you have documentation of the order should you need to call police. A restraining order cannot prevent violence from occurring. Victims of domestic violence should have a safety plan in place and must take steps to protect their rights.

If you are concerned for your safety or believe you might be in danger, you may want to seek additional support in addition to a restraining order. Some victims of domestic violence seek the protection of a shelter or the protection of a family or friend’s home. Other victims take steps to prevent their abusive partners from entering their homes, like changing locks on the doors and having emergency numbers available should their ex show up at their home, school, or work. Others may take steps to inform family, friends, and loved ones about the situation to prevent their ex from learning about their whereabouts. If you are concerned for your physical safety or for the safety of your children, don’t try to navigate your divorce alone. Contact the restraining order lawyer at The Law Office of Andrew Sorrentino in Jackson, Mississippi today.

Seeking the Assistance of a Lawyer for an Order of Protection in Jackson, Mississippi

While victims of domestic violence have the right to seek an order of protection without the help of a lawyer, if you have questions about whether you have the right to seek a restraining order or have questions about the impact a restraining order might have on your divorce, you may want to speak to The Law Office of Andrew Sorrentino, restraining order lawyers in Jackson, Mississippi today. When navigating the court system and seeking a restraining order, judges cannot offer individuals legal advice. It is important to document your reasons for seeking an order of protection because if the courts think you are seeking an order to get custody of your children or to get a better divorce settlement, you can face serious penalties. Protect your rights. Contact Andrew Sorrentino, a restraining order lawyer in Jackson, MS. Our firm can help you document your case, protect your rights, and move forward. Leaving an abusive relationship takes a great deal of courage. Contact attorney Andrew Sorrentino today to learn more.

Finally, if you are concerned for your immediate safety, the National Domestic Violence Hotline offers 24 hour a day, seven day a week support to victims of domestic violence who may have questions about their options. Call 1-800-799-7233 today.

Entrapment Defense in Drug Cases in Jackson, Mississippi

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If you’ve been caught either dealing or buying drugs in Jackson, Mississippi, it is important to understand that you are innocent until proven guilty and criminal charges are not the same as a criminal conviction. Police are permitted to use a range of tactics to find drug dealers and drug buyers, but there are limits regarding what police can and cannot do. If you are facing drug charges in Jackson, you may be wondering what rights you might have and what steps you can take to defend yourself and your reputation. Andrew Sorrentino is a drug possession lawyer in Jackson, Mississippi who may be able to assist you if you are facing drug charges.

There may be a range of defenses available to you if you have been charged with drug possession, sale, or intent to distribute in Jackson, Mississippi. One defense is known as entrapment. The entrapment defense is most often used when cops go undercover to attempt to buy drugs from an individual or when cops go undercover to sell drugs. When is entrapment a valid defense? Let’s take a closer look at what may and may not be permitted in a police sting operation and when entrapment may play a role.

Sting Operations and Entrapment

In undercover sting operations, police officers may pose as drug dealers or drug buyers to catch a person in the act of dealing drugs or buying drugs. Police officers may even have real drugs in their possession during a sting. If a person buys a sufficient quantity of drugs from an undercover officer, he or she could be charged with intent to distribute or face higher charges than mere drug possession charges. Furthermore, selling drugs to an undercover officer carries with it higher penalties than merely possessing drugs.

Entrapment is when a person charged with a crime claims that he or she would not have committed the crime without the encouragement of the officer. For example, if a person normally would have no predisposition to sell drugs, but was presented with the idea to sell drugs by the officer, this might constitute entrapment. If an officer pressured a person to purchase drugs when he or she might otherwise not purchase drugs, this could also constitute entrapment. It’s one thing for an officer to stand on a street corner and have someone ask him or her if he or she has drugs to sell, and another thing entirely for an officer to actively push drugs on a street corner.

Another situation where a person might be able to claim the entrapment defense is where a person may have wanted to purchase a quantity of drugs for his or her own private consumption, but then officers pressured him or her to purchase an amount of drugs that could result in higher sentencing. For example, in Mississippi, being caught purchasing higher quantities of a drug could constitute intent to sell. However, if a person would have normally have only purchased a small amount for personal consumption, but was pressured to purchase more by the officer, then the individual facing criminal charges could claim entrapment.

When it comes to making drug arrests, police officers can lie to suspects and can even sometimes purchase drugs in the process of performing a sting. If you are facing criminal charges in Jackson, Mississippi for drug possession or selling drugs, you may want to speak to attorney Sorrentino today. Our attorneys can review the circumstances of your arrest and determine whether police officers crossed the line into entrapment in the sting operation.

Facing Drug Charges in Mississippi?

If you are facing drug charges in Mississippi, you may be wondering whether entrapment is a valid defense in your case. In order to determine whether entrapment occurred, your lawyer will look to see whether police gave you the idea to sell or buy drugs, evaluate whether police pressured you to purchase drugs, or harassed you during any point of the sting operation. You may also need to show that you have no predisposition to buy or sell drugs. Generally, you’d need to show that you are free of a criminal record, and have never been charged with drug sales or purchasing in the past.

If you are facing drug possession charges, your reputation, freedom, and future might be on the line. You may want to speak to a criminal defense lawyer in Jackson, Mississippi who can protect your rights and defend you. Andrew Sorrentino is a criminal defense attorney in Jackson, Mississippi who work closely with clients to defend them in court. If you have questions about your rights if you are facing a drug charge, Andrew Sorrentino is one of USAttorneys.com lawyers who may be able to help you.

Criminal Law: Can Attending an Alcohol Treatment Program Get me Out of a DUI Conviction in Jackson, Mississippi?

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Andrew Sorrentino is a drunk driving lawyer in Jackson, Mississippi who can evaluate the circumstances of your DUI arrest, look at your driving record, and determine what next steps you may need to take to protect your rights. The consequences of a first-time DUI conviction can include 48 hours in jail, fines up to $1000, mandatory alcohol education, assessment, and treatment, license suspension of at least 90 days, possible confiscation of your vehicle, and possible required use of an ignition interlock device—a device which requires drivers to submit to a BAC breath test each and every time the driver gets behind the wheel. If you are facing DUI charges, you might wonder whether there is any way you can avoid conviction or avoid some of the more serious consequences of a DUI. Officers are given a range of powers when they stop a person who has been suspected of drinking and driving. Officers can suspend a person’s license automatically if the individual refuses to submit to a breath or blood test, and refusal to take a test could be used as evidence that a driver was drinking and driving. If you have been arrested for drunk driving, it is still important to remember that you are innocent until proven guilty. There are certainly cases where officers make mistakes in stopping drivers wrongfully, or where officers have mishandled the chain of evidence, or wrongfully accused individuals of drunk driving.

However, if the state’s evidence is very strong, you may still have some options to avoid the worst consequences of a DUI. For example, Attorney Sorrentino is a drunk driving lawyer in Jackson, Mississippi who, after reviewing your situation, may be able to petition the court for reduced charges or request that you be sent to an alcohol treatment program or diversion program instead of jail. The consequences of having a DUI conviction on your record can be very serious. A DUI could increase your insurance and could potentially impact other aspects of your life. However, with the assistance of a drunk driving lawyer, you may be able to get your charges reduced or dropped.

The Benefits of Alcohol Treatment Programs in Mississippi

The Mississippi Alcohol Safety Education Program MASEP has performed extensive research on the types of drivers and drinkers who are more likely to be charged with DUIs. Originally, it was believed that a lack of knowledge about the risks of drunk driving were the underlying reasons why individuals consumed alcohol and got behind the wheel. Further research showed that individuals who have been charged with drunk driving are more likely to be problem drinkers. The MASEP program, which is required for all DUI offenders in Mississippi, is designed to assess an individual’s drinking habits and determine whether he or she has a problem. The program is designed to help individuals evaluate the effects that drugs and alcohol have had on their lives and develop a DUI prevention plan.

However, for some individuals, MASEP may not be enough, especially if the individual understands that drinking is a problem. Some individuals who are facing their first DUI charge may realize that they have a problem with drinking and may want to enroll in drug and alcohol treatment programs. Because the research indicates that treating the underlying drinking problem has been shown to prevent repeat DUI offenses, a judge may be willing to accept a plea deal or reduce a person’s charges if he or she agrees to seek drug and alcohol treatment. For many individuals, a DUI is a wake-up call. The willingness to seek help might be viewed favorably by the court.

Plea deals might not be available to all individuals facing drunk driving charges, but if you are facing charges, you may want to speak to a drunk driving lawyer in Jackson, Mississippi like Andrew Sorrentino. Our law firm can review your case, review the circumstances of your arrest, look at your drinking history and driving record, and help you understand what options may be available to you. You are not alone.

Seek Help Today

For many individuals with their first-time drunk driving charge, jail time alone won’t prevent them from drinking and driving again. When individuals have a drinking problem, addressing the drinking problem is often the best path forward. If you are facing DUI charges, and the state has a strong case against you, you may still have options under the law to prevent you from facing the most serious consequences. One option might be to attend drug and alcohol treatment programs, attend support groups like AA, and seek help for your drinking. Andrew Sorrentino is a Jackson, Mississippi drunk driving lawyer who understands that alcoholism is an illness and for some people, treatment is required to stop their drinking and driving. If you have been charged with drinking and driving, you might be frightened and not know what your next steps should be. However, you may have many options under the law. Contact The Law Office of Andrew Sorrentino today to learn more.

Constructive Possession vs. Actual Possession: Drug Possession Law in Jackson, Mississippi

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There are different types of drug possession. For example, did you know that you can be charged with drug possession even if you don’t have drugs on your person, or if drugs are found on a property under which you have control? The difference between constructive possession and actual possession involves whether you physically were in possession of drugs (actual possession means that drugs were found in your bag, in your pockets, or in a car you were driving), or whether you were found to be the owner or renter of a car or property where drugs were found. It is possible to face drug charges even if drugs weren’t in your actual possession. For example, if police have a search warrant of your home or car, or of a locker or safe deposit box, and they discover drugs, police could charge you with constructive possession of these drugs if you were found to be in control of the car, home, apartment, safe, or locker. Constructive possession charges can be more complicated than actual possession charges because with constructive possession, multiple people may be aware of the drugs and have access to the drugs. Constructive possession charges can be complex because multiple people may have access to a property or place, but not all these people may have access to drugs.

What is constructive possession? Possession is anything you own, over which you have control. Your school locker is something you possess, even though you may not physically be at your locker. Your car is something you possess even though you may not always be inside your car or driving it.

The thing to keep in mind is that if you are facing drug charges, there really is no difference in the consequences for constructive possession and active possession. Basically, it’s a possession charge. However, the burden of proof for a constructive possession charge will generally be higher. Prosecutors will need to show that not only did you know that drugs were on your property, but that you had control over these substances. For example, if you and three other people had a key to an apartment, officers may claim that all three of these individuals had possession of the drugs found in the apartment. Yet, this can be a complex case. What if one person didn’t know there were drugs in the apartment? What if only one person was using or had control of the drugs? If your roommate is charged with drug possession for drugs found in your home, could you also face drug charges? This is where the case can get complicated, and where the burden of proof is on the prosecution for proving your guilt. Having a strong case to support your innocence can make a big difference in whether you end up being convicted. Have questions? Reach out to Andrew Sorrentino, a drug possession lawyer in Jackson, Mississippi today to learn more about your options and rights if you are facing constructive possession drug charges.

Some Examples of Constructive Possession

What are some examples of constructive possession? Let’s say you and a friend are walking down the street. Your friend has a bag of weed in his pocket and you don’t have weed. Police approach you, and without police seeing, your friend puts the weed in your bag. Who has possession? Police might charge you with possession because you had the weed in your bag, but in reality, the truth is that your friend had constructive possession over the weed, because only your friend owned the weed, and your friend was the one who put the weed in your bag. This case can get complicated, because you’d need to prove in court that you didn’t have constructive possession of the weed, even though you may have had physical possession of it.

Other cases could include a situation where a roommate leaves drugs in a common area in your home (like a drawer), but you were not aware of the drugs being in the common area. If officers search the home with a warrant, but you were not aware that drugs were there and had no control over the drugs, you may be able to show that you had no constructive possession of the drugs. Drug charges can be complex. When your reputation, your rights, and your freedoms are on the line, you may have many questions about your next steps. Andrew Sorrentino is a drug possession lawyer in Jackson, Mississippi who may be able to protect your rights and defend your innocence.

Defend Your Innocence Following Drug Possession Charges in Jackson, Mississippi

Are you facing drug possession charges? Do you have questions about your rights? The Law Office of Andrew Sorrentino is a drug possession law firm in Jackson, Mississippi that may be able to help. Reach out to us today or connect with us through USAttorneys.com.

Separation Agreement Lawyer in Jackson, Mississippi

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The Law Office of Andrew Sorrentino is a separation agreement lawyer in Jackson, Mississippi that can help you if you are getting separated. Many couples choose to get separated before they get divorced, either because they want to spend some time apart before legally ending their marriage, or because separation confers certain financial benefits. However, if you are planning on getting separated in Jackson, Mississippi, it may be crucial to have a separation agreement in place. Divorce gives individuals certain legal benefits and rights, such as formally separating a couple’s financial entanglements and lives. If you are getting separated in Jackson, Mississippi, there will be no legal mechanism for dividing assets, debts, and property. It is each couple’s responsibility to have a separation agreement in place to formalize the separation and to protect each person’s rights. A separation agreement can divide a couple’s debts, bank accounts, and address complex financial matters, such as what will happen to the family home. If you are getting separated and plan to live in different homes and have children, you’ll also need to put a parenting plan in place outlining visitation and custody for the children. If you and your ex will be living apart, you may also need to make arrangements for child support and alimony payments, if appropriate.

Separation can sometimes be just as complex as divorce. In fact, a sound separation agreement can often be the foundation for your divorce agreement. Before living apart, contact the divorce lawyers at The Law Office of Andrew Sorrentino in Jackson, Mississippi today. Our separation lawyers can help you protect your rights. Remember, separation doesn’t confer the same protections provided by divorce. A separation agreement can protect your rights.

What Should Be Included in a Separation Agreement?

The Law Office of Andrew Sorrentino is a divorce lawyer in Jackson, Mississippi who can help you with your separation agreement. While some couples might think of separation as “divorce light” the reality is that if you will be living apart, your separation agreement should be just as robust as a divorce agreement. In fact, because you won’t have the legal and financial protections of divorce, it is even more imperative that your separation agreement be very detailed about financial matters and child custody matters. When properly written, your separation agreement can often serve as the basis for your future divorce agreement. The Law Office of Andrew Sorrentino is a separation lawyer in Jackson, Mississippi who can assist you with writing a thorough and robust separation agreement. What things should be addressed and included in your separation agreement?

 

  • Any debt that is shared by both you and your former partner will be legally considered both of your responsibilities. A sound separation agreement can address how debts are to be paid going forward. In some cases, it might be possible to pay off accounts or refinance accounts in each partner’s separate name. In other cases, the separation agreement will need to be more detailed about who will be responsible for paying which debts during the separation. Any additional debts taken out by either party could also be considered marital property and therefore the responsibilities of both parties. Therefore, it is very important in a separation agreement to be clear that any debts taken out after a certain date will be the responsibility of the individual taking out those debts.
  • Dividing Bank Accounts. If you share bank accounts, it might be wise to split these accounts if you are separating. If your ex spends money in a shared bank account, you might not be able to recoup these losses during divorce. If you are living apart, it might be best to divide your financial entanglements.
  • Retirement Accounts and Investments. Sometimes it is not possible to divide retirement accounts or investment accounts immediately. Your separation agreement can outline how these accounts should be handled. For example, if either party were to withdraw from a tax-deferred retirement account, both of you could be on the hook for a big tax bill. Your separation agreement can make clear that these accounts shouldn’t be touched during the separation, or your lawyer can help you understand the steps you’ll need to take to split these accounts. In some cases, accounts can be placed in a trust or entrusted to a financial advisor who can protect these accounts.
  • If you own property with your partner, you may want to make decisions about what will happen to the family home. Sometimes couples might choose to sell the family home and sometimes one partner will take on responsibility for the mortgage. It is important to ask yourself whether you can take on the financial responsibility on your own or whether it makes sense to sell the family home and split the proceeds. A separation agreement can outline how the home will be sold or how the family home will be handled.
  • Child Custody. If you and your former partner will live in separate homes, you’ll want to draft a parenting plan outlining where the children will primarily reside, how visitation will be arranged, and how major decisions for the children will be made. Your parenting plan should be just as robust as your parenting plan would be if you were to get divorced. Your children deserve a stable home life.
  • Child Support. If you and your partner will be living apart, The Law Office of Andrew Sorrentino are divorce lawyers in Jackson, Mississippi who can refer to child support guidelines of the state to determine what child support amounts your children deserve.
  • Spousal Support. If you are living apart during your separation and alimony would be owed were you to be getting divorced, spousal support payments may need to be arranged. The Law Office of Andrew Sorrentino are divorce lawyers in Jackson, Mississippi who can help you understand your rights when it comes to spousal support during a separation.
  • Many couples choose to separate rather than divorce so that both parties and children won’t lose their insurance. Information about insurance payments and benefits should also be included in your separation agreement.

These are just some of the issues that should be addressed in your separation agreement. Every couple’s situation will be unique, so while it might be tempting to use a template separation agreement from the internet, consider speaking to a separation lawyer like The Law Office of Andrew Sorrentino in Jackson, Mississippi today. Our firm can help you address the tough questions and include them in your separation agreement.

Divorce Versus Separation in Jackson, Mississippi

Divorce is the legal process that formally ends a marriage. With separation, couples remain married and continue to have all the obligations and benefits of marriage. If your marriage is over, divorce may be the best option. However, some couples choose to separate first for many good reasons. In some cases, both parties may not yet be ready to formalize the divorce, or the couple may need time to get their financial affairs in order before divorcing. Some couples choose to stay married but separate because they don’t want to lose the tax benefits or insurance benefits marriage provides. In the long term, if your marriage is over, it may still be best to finalize your divorce, because with divorce, you formally cut all financial ties and can also get remarried. However, separation may still be a good temporary solution for many couples. If you are thinking of separating, contact the separation lawyers at The Law Office of Andrew Sorrentino in Jackson, Mississippi today.

is a separation agreement lawyer in Jackson, Mississippi that can help you if you are getting separated. Many couples choose to get separated before they get divorced, either because they want to spend some time apart before legally ending their marriage, or because separation confers certain financial benefits. However, if you are planning on getting separated in Jackson, Mississippi, it may be crucial to have a separation agreement in place. Divorce gives individuals certain legal benefits and rights, such as formally separating a couple’s financial entanglements and lives. If you are getting separated in Jackson, Mississippi, there will be no legal mechanism for dividing assets, debts, and property. It is each couple’s responsibility to have a separation agreement in place to formalize the separation and to protect each person’s rights. A separation agreement can divide a couple’s debts, bank accounts, and address complex financial matters, such as what will happen to the family home. If you are getting separated and plan to live in different homes and have children, you’ll also need to put a parenting plan in place outlining visitation and custody for the children. If you and your ex will be living apart, you may also need to make arrangements for child support and alimony payments, if appropriate.

Separation can sometimes be just as complex as divorce. In fact, a sound separation agreement can often be the foundation for your divorce agreement. Before living apart, contact the divorce lawyers at The Law Office of Andrew Sorrentino in Jackson, Mississippi today. Our separation lawyers can help you protect your rights. Remember, separation doesn’t confer the same protections provided by divorce. A separation agreement can protect your rights.

What Should Be Included in a Separation Agreement?

The Law Office of Andrew Sorrentino is a divorce lawyer in Jackson, Mississippi who can help you with your separation agreement. While some couples might think of separation as “divorce light” the reality is that if you will be living apart, your separation agreement should be just as robust as a divorce agreement. In fact, because you won’t have the legal and financial protections of divorce, it is even more imperative that your separation agreement be very detailed about financial matters and child custody matters. When properly written, your separation agreement can often serve as the basis for your future divorce agreement. The Law Office of Andrew Sorrentino is a separation lawyer in Jackson, Mississippi who can assist you with writing a thorough and robust separation agreement. What things should be addressed and included in your separation agreement?

  • Any debt that is shared by both you and your former partner will be legally considered both of your responsibilities. A sound separation agreement can address how debts are to be paid going forward. In some cases, it might be possible to pay off accounts or refinance accounts in each partner’s separate name. In other cases, the separation agreement will need to be more detailed about who will be responsible for paying which debts during the separation. Any additional debts taken out by either party could also be considered marital property and therefore the responsibilities of both parties. Therefore, it is very important in a separation agreement to be clear that any debts taken out after a certain date will be the responsibility of the individual taking out those debts.
  • Dividing Bank Accounts. If you share bank accounts, it might be wise to split these accounts if you are separating. If your ex spends money in a shared bank account, you might not be able to recoup these losses during divorce. If you are living apart, it might be best to divide your financial entanglements.
  • Retirement Accounts and Investments. Sometimes it is not possible to divide retirement accounts or investment accounts immediately. Your separation agreement can outline how these accounts should be handled. For example, if either party were to withdraw from a tax-deferred retirement account, both of you could be on the hook for a big tax bill. Your separation agreement can make clear that these accounts shouldn’t be touched during the separation, or your lawyer can help you understand the steps you’ll need to take to split these accounts. In some cases, accounts can be placed in a trust or entrusted to a financial advisor who can protect these accounts.
  • If you own property with your partner, you may want to make decisions about what will happen to the family home. Sometimes couples might choose to sell the family home and sometimes one partner will take on responsibility for the mortgage. It is important to ask yourself whether you can take on the financial responsibility on your own or whether it makes sense to sell the family home and split the proceeds. A separation agreement can outline how the home will be sold or how the family home will be handled.
  • Child Custody. If you and your former partner will live in separate homes, you’ll want to draft a parenting plan outlining where the children will primarily reside, how visitation will be arranged, and how major decisions for the children will be made. Your parenting plan should be just as robust as your parenting plan would be if you were to get divorced. Your children deserve a stable home life.
  • Child Support. If you and your partner will be living apart, The Law Office of Andrew Sorrentino are divorce lawyers in Jackson, Mississippi who can refer to child support guidelines of the state to determine what child support amounts your children deserve.
  • Spousal Support. If you are living apart during your separation and alimony would be owed were you to be getting divorced, spousal support payments may need to be arranged. The Law Office of Andrew Sorrentino are divorce lawyers in Jackson, Mississippi who can help you understand your rights when it comes to spousal support during a separation.
  • Many couples choose to separate rather than divorce so that both parties and children won’t lose their insurance. Information about insurance payments and benefits should also be included in your separation agreement.

These are just some of the issues that should be addressed in your separation agreement. Every couple’s situation will be unique, so while it might be tempting to use a template separation agreement from the internet, consider speaking to a separation lawyer like The Law Office of Andrew Sorrentino in Jackson, Mississippi today. Our firm can help you address the tough questions and include them in your separation agreement.

Divorce Versus Separation in Jackson, Mississippi

Divorce is the legal process that formally ends a marriage. With separation, couples remain married and continue to have all the obligations and benefits of marriage. If your marriage is over, divorce may be the best option. However, some couples choose to separate first for many good reasons. In some cases, both parties may not yet be ready to formalize the divorce, or the couple may need time to get their financial affairs in order before divorcing. Some couples choose to stay married but separate because they don’t want to lose the tax benefits or insurance benefits marriage provides. In the long term, if your marriage is over, it may still be best to finalize your divorce, because with divorce, you formally cut all financial ties and can also get remarried. However, separation may still be a good temporary solution for many couples. If you are thinking of separating, contact the separation lawyers at The Law Office of Andrew Sorrentino in Jackson, Mississippi today.

What Should I Bring to My Initial Meeting with My Divorce Lawyer in Jackson, Mississippi?

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Divorce can be one of the most emotionally difficult steps any person might take. Unfortunately, divorce can also be a highly complex process involving the division of assets, debts, property, and decisions about child custody. If you are considering getting divorced, the best thing you can do is to schedule an initial consultation with The Law Office of Andrew Sorrentino, a divorce attorney in Jackson, Mississippi. If you have made an appointment with The Law Office of Andrew Sorrentino and are preparing for your initial consultation, you might be wondering what information you should bring to your first appointment with your divorce lawyer in Jackson, Mississippi.

Here is a checklist of items you should bring to your first meeting with your divorce lawyer:

  • Copies of your tax returns. When it comes to making decisions about alimony, division of assets, and debts, how much money both you and your spouse make can make a difference on these decisions. Bring copies of you and your spouse’s tax returns to your initial consultation.
  • Prenuptial agreement. If you and your spouse have a prenuptial agreement in place, bring this to your initial meeting with your divorce attorney in Jackson, Mississippi. Your prenuptial agreement can have an impact on your ability to seek alimony, on division of property and assets, and on other decisions. Not all prenuptial agreements are enforceable under the law. The Law Office of Andrew Sorrentino, divorce attorneys in Jackson, Mississippi can review your prenuptial agreements, help you understand your rights, and guide you through the next steps.
  • Bank Statements. Protect your financial life and get statements from your bank before you tell your spouse you plan to file for divorce. Bring these statements to your meeting with your divorce lawyer because they can help you attorney understand your financial situation and what steps might need to be taken when dividing assets.
  • Debt Statements. Do you have a mortgage? Do you and your spouse have credit card debt? Do you owe car payments? Do you have student loan debt? Does your spouse have student loan debt? Some of these debts might be shared and some might be separate debts. The divorce lawyers at The Law Office of Andrew Sorrentino in Jackson, Mississippi can review your debt statements and help you understand which debts are marital debts and which are separate. Some student loan debts taken out during the marriage might be considered separate debts or shared debts, depending on how the money was used.
  • Retirement Account Information. Retirement accounts must be divided carefully during a divorce because they can bring certain tax burdens. Furthermore, if retirement accounts aren’t divided properly, you and your ex could face a hefty tax bill. Bring information about your retirement accounts to your initial meeting with The Law Office of Andrew Sorrentino, divorce attorneys in Jackson, Mississippi. We can help you understand your rights and obligations when it comes to dividing retirement accounts.
  • Stocks and Investments. Bring any information about stocks or investments you might have. This information also helps your lawyer paint a picture about your financial situation.
  • Mortgage and Deeds. If you own property or have a mortgage, bring this information to your initial consultation with The Law Office of Andrew Sorrentino a divorce lawyer in Jackson, Mississippi. If you are getting divorced, you might have questions about what might happen to the family home. There are many ways you and your ex can handle the division of property, from selling the family home to refinancing the mortgage in only one party’s name. The Law Office of Andrew Sorrentino are divorce lawyers in Jackson, Mississippi who can help you sort this out.
  • Health Insurance Policies, Life Insurance Policies, and Medical Policies. Insurance you and your spouse share might also have a financial value and might be considered during your divorce.
  • List of Personal Property that May Be of Value. If you and your spouse own any personal property that may be of value (cars, boats, second homes, jewelry, electronics) bring a list of these items and their estimated value.
  • Medical Diagnoses. If your ex has a mental health condition or a medical diagnosis that could impact his or her ability to care for the children, this could impact your parenting plan. Bring any medical information you believe might be relevant. If you are concerned that your medical condition might be used against you when drafting a parenting plan, bring this information to your first meeting with The Law Office of Andrew Sorrentino, divorce lawyers in Jackson, Mississippi.
  • Criminal Records. If you had to get a restraining order against your ex, or if your ex has been charged with violence or child abuse, this could impact your parenting plan. Bring this information to your initial consultation with The Law Office of Andrew Sorrentino.
  • Any other information you think is important. Insulting emails from an ex? Proof that your ex is having an affair? Facebook posts that might be incriminating? Any additional information you have that you think might be relevant should be brought to your initial meeting with your divorce lawyer in Jackson, Mississippi.

This is not meant to be an exhaustive list of all the items you should bring to your initial consultation with your divorce lawyer. As The Law Office of Andrew Sorrentinoreviews your case, our firm may need additional information and documentation not listed here. Before telling your spouse you want a divorce, it is helpful to understand your rights, and what your divorce might look like going forward. The Law Office of Andrew Sorrentino are divorce attorneys in Jackson, Mississippi who can guide you through this process to help you get the best possible settlement for you and your family.

Paternity Lawyer in Jackson, Mississippi

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The Law Office of Andrew Sorrentino is a paternity lawyer in Jackson, Mississippi who can assist you if you have questions about establishing paternity. Paternity is the legal process by which the identity of the child’s father is established. Paternity grants important rights to the child, the mother, and the father.

  • For the Father. Paternity grants the child’s father visitation rights to the child and the right to prevent the mother for putting up the child for adoption if she chooses to do so.
  • For the Mother. Paternity grants the mother the right to seek child support from the father. Only if paternity has been formally established can the mother make a formal order for child support.
  • For the Child. The child is also grants important rights to the child. For example, there are simple psychological benefits that come with knowing who your father is. There are also financial and material benefits to establishing paternity. The child is entitled to receive support from the father and the child is also granted legal inheritance rights from the father. Finally, the identity of the father can provide the child with important medical history and genetic information that may be important as the child grows and ages, or if the child requires specialized medical care.

There are several voluntary and involuntary ways that paternity can be established. Generally, if the mother is married, the state will assume that the father of the child is the husband of the mother. This holds true if the mother became pregnant before marriage, but the couple married after the mother became pregnant. However, there are situations where establishing paternity can be more complex. According to the Mississippi Bar paternity can only be established through the courts. This means that even if the father signs the affidavit on the back of the birth certificate and if the father’s name appears on the birth certificate, this, in itself, in Mississippi, doesn’t establish legal or formal paternity.

When does paternity need to be established by the courts? If a couple is unmarried, then one person in the family must file a complaint to the court to establish paternity or both parents must sign the Acknowledgement of Paternity form. If a mother is married, but the father of the child is not her husband, paternity must also be established through the courts. If both parents agree about who is the father of the child, both parents can also sign an Acknowledgement of Paternity form, which can be submitted to the Mississippi State Department of Health and Vital Records.

In many cases, paternity can be established when both of the child’s parents sign the Acknowledgement of Paternity form. However, if one parent is unsure about who the child’s father might be, if there is ambiguity about who the father might be, if the father refuses to acknowledge the child as his own, or if the mother was married and has a child from another man, then it might be necessary to establish paternity through the courts. The Law Office of Andrew Sorrentino are paternity lawyers in Jackson, Mississippi who can assist you should you need to establish paternity through the courts.

Paternity Court Cases in Jackson, Mississippi

If you need to establish paternity through the courts, the process might seem intimidating. Yet, there is a specific process the courts generally follow, and with patience and guidance, paternity can often be established with either one or two hearings. During the initial hearing, both parents will be required to appear in court. At the hearing, under oath, the judge will ask the father if he is the father of the child. If the father acknowledges paternity at this hearing, then paternity will be established. If paternity is unclear or there is a dispute about who the father of the child might be, the court will order that the child, the mother, and the father all undergo DNA testing. The court will then set a second hearing during which the DNA tests will be reviewed. During the second hearing, the court will review the test results. If the test results determine that the man is the father of the child, the court will ask the parents if they both agree, and if they do agree, paternity will be established. At this stage, the parents can disagree about the test results, which may require that everyone get tested again, but this is rare. During the second hearing, both parties can also bring forth witnesses and other evidence to support their case. If you find yourself facing a paternity court case in Jackson, Mississippi, consider seeking the counsel of a family lawyer like The Law Office of Andrew Sorrentino. The Law Office of Andrew Sorrentino can guide you through every step of the process, help you prepare for your court case, and speak on your behalf in court. While it is possible to navigate the hearing process alone, the courts will not be able to provide you with any legal assistance should you need it. For this reason, parents often seek the counsel of a paternity lawyer in Jackson, Mississippi like The Law Office of Andrew Sorrentino.

Let The Law Office of Andrew Sorrentino Law Assist You with Your Paternity Case

Establishing paternity is important to protecting the rights of your child and it is important if the mother wants to make an order for child support. There might be cases where mothers may be concerned about establishing paternity. For example, if the mother is leaving a situation where domestic violence was a factor or if the mother is concerned that the father will seek custody rights, establishing paternity must be handled carefully. This is where having a qualified paternity lawyer like The Law Office of Andrew Sorrentino in Jackson, Mississippi can help. 

If you have questions about paternity and child support, or need assistance with any of these processes, reach out to the family lawyers in Jackson, Mississippi at The Law Office of Andrew Sorrentino. Our firm will take the time to review your case, help you understand the steps you need to take to protect your rights and the rights of your child, and assist you with filling out an Acknowledgement of Paternity, filing a paternity court case, or seeking an order for child support.