Family Law and Domestic Violence in Jackson, Mississippi

If you are planning to divorce an abusive partner or are trying to leave a situation where your partner has been either verbally, emotionally, or physically violent with you, Andrew Sorrentino is a family law and domestic violence lawyer in Jackson, Mississippi who may be able to help you. According to the National Domestic Violence Hotline, the most dangerous time for a victim of domestic violence or abuse is when they decide to leave an abusive or violent situation. Domestic violence and abuse is often about control and leaving an abusive relationship or marriage often involves the victim taking back their control.

Andrew Sorrentino is a family law attorney who can help victims of domestic violence as they navigate the process of divorcing an abusive partner. We can help you take steps to get a restraining order, assist you in planning how to best leave the situation, and assessing whether you’ll need to find a safe place for you and your children while you place safety measures in place. We can help you understand what kind of role filing a restraining order might have in your divorce case. Often, the decision to file a restraining order can change the course of your child custody case and your divorce. However, while a restraining order can require that your former partner move out of the family home, and while it can legally require that your former partner stay away from you, it cannot physically protect you if your partner decides to act violently.

If you believe you or your children might be in danger, or if you are planning to leave a violent or abusive situation, it is important to get help. Andrew Sorrentino is a divorce attorney who can help you navigate the process of leaving an abusive marriage from a legal standpoint. If you have questions about how you can help keep yourself safe more immediately, consider calling the National Domestic Violence Hotline, at 1-800-799-7233.

Understanding Abuse and Marriage

The National Domestic Violence Hotline notes that relationships often exist on a spectrum. Healthy relationships generally involve open and honest communication, respect, and trust. Both parties feel safe together and apart, and each party has a say in how shared resources and finances are handled. You can want to get divorced, and still have what is considered a healthy relationship. Sometimes couples realize they are not compatible, and sometimes honest communication reveals issues of trust that result in couples deciding that they don’t want to be married.

Unhealthy relationships can often lead to divorce, but may not always veer into abuse. Both individuals may not be communicating, they may no longer trust one another, they may no longer show one another basic consideration. Both partners may be so enmeshed that they never spend time apart. Or, one partner takes control of all the decisions for the relationship. In an unhealthy relationship, there may be no clear boundaries, or one partner may be in charge of making all choices for the couple’s financial life or when making choices regarding how children will be raised. A relationship can be unhealthy but not necessarily abusive. Often people choose to get divorced because they come to realize that a relationship they have is unhealthy in some way. Or they realize that a relationship is unhealthy in one of the modalities of trust, communication, or consideration.

In an abusive relationship, however, one partner may speak to the other in a way that is harmful or threatening. One person may put down the other. One party may not have respect for the thoughts, feelings, or personal boundaries of the other person. In many cases, abusive relationships can be tough to identify for the victim because the abusive partner may blame the victim for his or her abusive actions. In an abusive relationship one partner may have all the control and may make all the choices. The abuser may force the other person to engage in sexual behavior, or may take complete control of finances. In an abusive relationship, there may be physical, verbal, or emotional violence.

If you are married and are in an abusive situation, you may need to take steps to protect yourself and your children as you leave the marriage. You may be considering getting a restraining order. You may be wondering how you can best protect your children. When leaving an abusive situation, it is often best to plan ahead. The Law Office of Andrew Sorrentino is a family law firm in Jackson, Mississippi that may be able to help you.

Protect Yourself and Your Children

Contact The Law Office of Andrew Sorrentino, family law attorneys in Jackson, Mississippi today to take steps to protect yourself and your children. Leaving an abusive marriage can raise unique concerns for victims and families. Our divorce lawyers can help you navigate these additional complexities.

Grandparents’ Visitation Rights in Jackson, Mississippi

If you are a grandparent in Jackson, Mississippi, you might be wondering what your rights might be when it comes to visitation and your grandchildren. Grandparents’ visitation issues can arise if your children are getting divorced or if you find yourself estranged from the custodial parent of your grandchild. What are your options if you are having difficulty securing visitation time with your grandchildren? Do you have the right to request visitation with your grandchildren? What happens if the child’s custodial parent is denying you visitation as a grandparent? Under Mississippi law, grandparents do have a right to petition the court for visitation. However, a family lawyer may be able to help you understand all your options for securing grandparents’ visitation before you take this major step.

In many instances, grandparents are able to arrange for visitation with their grandchildren by speaking directly to the custodial parent of the grandchild. These negotiations can either be made when the parents are putting together a parenting plan during divorce, or they can be made at any time the grandparent seeks visitation. But what happens if you are unable to speak with or negotiate with the custodial parent of your grandchildren? In these cases, grandparents may want to petition the court for visitation. Andrew Sorrentino is a family lawyer in Jackson, Mississippi who may be able to assist you if you are a grandparent seeking visitation with your grandchildren.

When Will the Court Grant a Grandparent Visitation Rights in Mississippi?

Under Mississippi law, the court will grant a grandparent visitation rights under certain circumstances. What are these circumstances? Here are a few cases where the court may grant you visitation rights:

  • The child’s custodial parent is unreasonably denying the grandparent visitation. If you can show that you have a relationship with your grandchild and that the child’s custodial parent is denying you visitation, you may be able to petition the court for visitation. Andrew Sorrentino is a family lawyer in Jackson, Mississippi who can review your situation and present evidence to the court to support your petition for visitation if you are wrongfully being denied visitation with your grandchildren. The court will also look to see whether visitation with the grandparents is in the best interests of the child. If visitation is determined to be in the best interests of your grandchild, then visitation may be more likely to be granted. One of the ways that you may be able to show that visitation is in the best interests of your grandchild is to present the court with evidence showing that the child has established a close relationship with you as the grandparent.
  • Past record of financial support of your grandchildren. If you can show the court that you have supported your grandchildren financially for the six months prior to your petition for visitation, you may have a stronger case supporting your petition for visitation. Partial support of your grandchildren can also count.
  • Past record of visitation. If you can show the courts that you have visited with your grandchildren regularly in the year prior to your petitioning the court for visitation, you may also have a stronger case. If you can show that your grandchild stayed at your home overnight, or that you spent time caring for your grandchild, you may also have a stronger case for visitation. If you have served as one of your grandchild’s primary caretakers you may also have a strong case when petitioning the court for visitation.

These are just some of the factors the court will consider when determining whether a grandparent should have visitation rights. While in many cases, grandparents are able to negotiate visitation schedules with the child’s custodial parent, sometimes this is not possible. If you have been estranged from the child’s custodial parent or if the parent has decided to deny you visitation, you may need to petition the court for visitation. Andrew Sorrentino is a family lawyer in Jackson, Mississippi who may be able to assist you with this process.

Petitioning the Court for Grandparent Visitation in Mississippi

Grandparents can petition the court for visitation in the district where the custody order was made. Petitioning the court may not be your only option to receive visitation as a grandparent. Sometimes it is possible to negotiate with the custodial parent before grandparents need to take court action. The Law Office of Andrew Sorrentino is a family law firm in Jackson, Mississippi that can help you evaluate your options when it comes to grandparents’ visitation rights. If you are being denied the ability to visit with your grandchildren, consider reaching out to our law firm today.

Divorcing During the Holiday?

The Law Office of Andrew Sorrentino is a divorce law firm in Jackson, Mississippi that assists individuals with navigating some of the complex challenges that divorce can raise. Divorce is not just an emotional decision, it is also a legal decision that can impact your finances and your family. If you’re navigating a divorce this holiday season, Andrew Sorrentino can help you address some of the tougher questions that can arise. For example, where will your children spend Christmas? How will your family celebrate New Year’s Eve and New Year’s Day? How will parenting time be split if the children are out of school? If you’re still in the process of working out a parenting and child custody plan, the divorce lawyers at The Law Office of Andrew Sorrentino can work out some of the high-stakes questions that couples often face when they are getting divorced.

Are you thinking of asking for a divorce over the holiday? While the holidays can bring with them unique stressors and challenges that can make you want to call it quits, before you ask for a divorce over the holidays, it might be better to wait to ask for a divorce until the new year rolls around. Why?

  • You’ll Need Time to Plan. Divorce requires financial and legal planning. Do you have time to review your finances, review your assets, and retirement accounts before the holidays? Do you have a financial plan for single life? Can you afford to live on a single income? It is always a good idea to know what assets you share with your spouse before you ask for a divorce. That way, if assets or if money disappears, you can fight back.
  • Do You Have the Resources You Need? The holidays can often be a busy time for many professionals. Do you have the time to talk to a divorce lawyer like the attorneys at The Law Office of Andrew Sorrentino in Jackson, Mississippi before you ask for a divorce? A lawyer can review your situation, help you understand some of the challenges you might face, and help you prepare for your divorce—both before you ask for the divorce and while you are in the process of reaching a divorce settlement. Many of the professionals you’ll need to be in contact with—accountants, lawyers, and the courts, will likely have greater availability in the new year. Asking for a divorce is the beginning of a long process that will involve negotiation and court dates. If you can wait, you may want to break the news after the holidays.
  • Is There an Alternative? Avoid making rash decisions while you are stressed and before you have had the time to make plans. While your marriage may be over, maybe this holiday is a good time to take some time away from your spouse? Perhaps spend this holiday with your family or friends, or apart.
  • Consider Your Children. When your children learn about your divorce will have an impact on them for life. Do you want your children to forever link your divorce with the holiday season? Do you have the resources available to support your children if they take the news hard? Have you considered counseling? Make sure you have the proper supports in place if you do plan to get divorced over the holidays.
  • Have a Plan. If you plan to break the news during the holidays, have a plan. How will Christmas and New Year’s Day be spent? How do you plan to tell your children? Have you contacted your divorce lawyer? Sometimes marital situations do get so bad that you need to take immediate action. If you are in an abusive relationship and are concerned about the safety of yourself or your children, you may want to speak to The Law Office of Andrew Sorrentino, a divorce law firm in Jackson, Mississippi today. Our lawyers may be able to assist you with orders of protection that can offer you additional resources when it comes to keeping distance between yourself and an abusive spouse.

These are just some of the things to consider if you’re planning to get divorced this December. If this is your first holiday single or your first holiday navigating the divorce process, this can be an understandably difficult time. Take the time to make new traditions with your family. If you won’t be spending the holiday with your children, do you have a plan in place? Consider your needs. Do you need more time alone, or more time with family and friends? Your first holiday after divorce is a great opportunity to create new traditions for yourself and your children. If you need support navigating the divorce process, you are not alone. The Law Office of Andrew Sorrentino is a divorce law firm in Jackson, Mississippi that can help you with some of the tougher questions that can arise regarding division of assets and child custody.

Divorce and Your Small Business in Jackson, Mississippi

If you have a small business, the business you built yourself from the ground up is likely your most valuable asset. Yet, for many entrepreneurs, your small business is so much more than the money you earn; it is the result of years of hard work. If you are getting divorced, however, there are many ways in which your divorce can impact your small business. Andrew Sorrentino is a divorce lawyer in Jackson, Mississippi that can help you understand how divorce might impact your small business. Contact us today to help you understand your options and navigate a divorce settlement that will work for your family and your business. When you own a business, divorce can be more complicated. The Law Office of Andrew Sorrentino can help.

Possible Ways Divorce Can Impact Your Small Business

How divorce will impact your small business will depend largely on how you have structured your business and whether you have a prenuptial agreement in place. Whether you started your small business before you were married or after you were married will also impact how divorce will affect your small business. Here are some possible outcomes and solutions regarding small business and your divorce:

  • One partner keeps the business. If you owned the business prior to your marriage, structured your business in such a way that you received a regular salary from your business, or drafted a prenuptial agreement that specifically made it clear that your business was to be considered separate property, you may be able to keep your business during your divorce.
  • One partner compensates the other for increased valuation in the business. There are many possible circumstances where your former partner may have an interest in your small business. For example, if both parties in the marriage contributed to the growth of the business or if both parties established the business during the marriage, you may both have a shared stake in the business during your divorce. If this is the case, you may need to have your business appraised. Or, you and your former partner may need to reach an agreement about how much your business is worth. One partner may be able to buy out the other partner’s interest, either through property or cash during the division of property and assets in your divorce.
  • Both parties continue to run the business together. Sometimes it is not possible to buy out your former partner. In some cases, both parties may choose to run their business together. Or, one partner may run the business with the other partner getting shares in the profits. How you structure your co-ownership of your business after your divorce may require the consultation of divorce attorneys and business lawyers. Andrew Sorrentino is a divorce lawyer in Jackson, Mississippi who may be able to help you navigate your divorce when a small business is one of your assets.
  • Divide the Business. If your business is more of a partnership, you may be able to split your business during your divorce. Business divorce and marital divorce can be complex. Sometimes couples may need the assistance of a business lawyer as well as a divorce lawyer if they plan to split their business during their divorce. Andrew Sorrentino is a divorce lawyer who can review your situation and help you with splitting your assets during your divorce.

These are some of the options that may be available to you if you are getting divorced and own a business. Whether you co-owned the business with your partner, started the business before you were married, or started the business after you were married, divorce can have major implications for your business and your assets. Andrew Sorrentino is a divorce lawyer in Jackson, Mississippi who may be able to assist you with navigating the ways that divorce can impact your assets, your investments, and your business.

Get Divorce Help Today

Divorce can be one of the most emotional decisions you might ever make. But it is also a legal and financial process that can impact all aspects of your life. If you own a business or if you and your former partner started a business together during your marriage, divorce can have major implications for your business. The decisions you make during your divorce can have an effect on the future of your business. It is often best to get legal advice as you navigate your divorce.

Before filing for divorce in Jackson, Mississippi, it is important to be informed about your options and rights regarding how divorce might impact your business. Andrew Sorrentino is a divorce lawyer who can work with you and your former spouse to find a resolution that protects your business. Contact our attorneys today to learn more about how we may be able to help you.

Divorce and Adultery in Brandon, Mississippi

 

Learning that your partner has been cheating on you can be incredibly devastating news. Adultery is defined as a person having sexual relations with someone who is not his or her spouse. While this is a strict definition of adultery, sometimes individuals learn that their partner was having an emotional affair with someone else. This can sometimes be just as devastating, if not more so. Discovering that your partner has cheated on you or otherwise stepped out of the marriage can raise all kinds of emotions, like anger and jealousy. You may be thinking about getting divorced if your partner had an affair.

Andrew Sorrentino is a divorce lawyer in Brandon and Jackson, Mississippi who helps couples who might be navigating a range of divorce questions following the discovery of a partner’s cheating. For example, in Mississippi, you can choose to file for “fault” or “no fault” divorce. If adultery was a reason for your divorce, you might be able to file for “fault-based” divorce in Mississippi. But is it always a good idea to do so? In the immediate aftermath of discovering an affair, emotions might be running high. It can be wise to take a step back. While divorce is a highly emotional decision, decisions like dividing finances, alimony, child custody, child support, and handling debts should be made with a clear head. Andrew Sorrentino is a family lawyer in Brandon and Jackson, Mississippi who can help you understand the consequences of adultery on your divorce. Mississippi is one state where adultery can have an impact on your divorce.

How Adultery Can Impact Your Mississippi Divorce

There are several ways that adultery can impact a divorce. Andrew Sorrentino is a family law attorney in Brandon and Jackson, Mississippi who can review various aspects of your case to help you understand what might be the best course forward. What are some ways that adultery and cheating can impact your Mississippi divorce?

  • You may have a fault-based divorce. While a couple can still choose to file for “no-fault” divorce after cheating or adultery has been discovered, if your partner can prove you cheated, or if you can prove that your partner cheated, you may have a “fault-based” divorce case. This designation may or may not impact other aspects of your divorce, like child custody, alimony awards, and division of assets. Generally, with a “fault-based” divorce, the reason for your divorce will be public record. Some couples choose to settle their divorce cases in private to avoid having to discuss an adultery in court. However, every case is unique.
  • Dissipation of Assets. One of the biggest questions that might arise if your partner cheated on you is whether your partner spent marital assets on a new partner. This can have an impact on your divorce settlement. For example, if it comes to light that your partner spent marital funds on vacations, jewelry, dinner, gifts, or other assets, you might be entitled to recoup this money through your divorce settlement. The Law Office of Andrew Sorrentino is a divorce lawyer who may be able to help you seek any funds your partner may have spent on someone else. Of course, this entails first determining which assets are marital assets and which assets are separate assets. It also entails determining how much money a cheating spouse spent on an adulterous relationship. Some investigation may need to be performed.
  • Child Custody Issues. If have concerns about your spouse’s new partner spending time with your children, this may need to be addressed in your child custody agreement. While the courts tend to favor having the children spend time with both parents, it is up to the child’s parents to determine when and where it is appropriate for the children to meet new partners. Child custody issues can get especially complex if your former spouse’s new partner has proven abusive, has shown tendencies toward violence, or does drugs or alcohol. If this is the case, The Law Office of Andrew Sorrentino is a family law attorney in Brandon and Jackson, Mississippi who can help you take important steps to protect your family and children.
  • While a judge will generally consider many factors when determining alimony, and while alimony isn’t meant to punish a spouse for adultery, judges in Mississippi are permitted to consider wrongdoing when making alimony decisions. If your spouse’s actions resulted in financial or emotional damage, this may be a factor when a judge considers alimony.

These are just some of the ways that adultery can impact your divorce. Andrew Sorrentino is a divorce lawyer in Brandon and Jackson, Mississippi who can help you understand how a partner’s cheating or adultery will impact other aspects of your divorce. Divorce following a partner’s adultery can be highly emotional. It can be useful to have a lawyer on your side to help you understand your legal rights and responsibilities. Contact our law firm today to set up a consultation. Call (601) 695-7765.