Walsh Law Firm, P.L.L.C.Mississippi Family Law & Bankruptcy Attorney | Olive Branch2026-10-10T19:51:38Zhttps://www.walshlawfirmpllc.com/feed/atom/WordPress/wp-content/uploads/sites/1600853/2020/05/apple-touch-icon-75x75.pngOn Behalf of Walsh Law Firm, P.L.L.C.<![CDATA[Will your mortgage lender foreclose after one missed payment?]]>https://www.walshlawfirmpllc.com/?p=469312026-10-10T19:51:38Z2026-10-10T19:49:25ZHow long will it take?
Usually, lenders will not start the foreclosure process until there have been three or four consecutive missed payments. This means that you will generally have 90 to 120 days to make that missed payment.
For instance, some lenders will start the pre-foreclosure process after 90 days, meaning that you have missed payments three times in a row, and they will then move forward with an official foreclosure proceeding after 120 days.
Even at that point, it is not instantaneous. There are notices that must be provided, court dates to attend and other steps that have to happen before you are actually forced to leave your home.
On top of that, you may have options you can take to delay the process further. Filing for bankruptcy could put an automatic stay on your foreclosure case, pausing it until the bankruptcy concludes.
As such, if you do find yourself facing significant financial issues, such as the potential of foreclosure, it is crucial that you know exactly what legal options you have.]]>On Behalf of Walsh Law Firm, P.L.L.C.<![CDATA[Becoming empty nesters could lead to a divorce]]>https://www.walshlawfirmpllc.com/?p=469282026-09-25T19:43:54Z2026-09-25T19:43:54ZDivorce can happen for a multitude of reasons. Some are sudden, like an extramarital affair. But others take time, and a couple may spend years gradually moving toward a divorce.
One example of this is when people become empty nesters and then decide to get divorced. It may have been in the works for quite some time. Often, parenting serves as a distraction from problems in a marital relationship. But once the children have moved out of the house, the parents start to realize that they are no longer happy with that relationship—and may not have been for years.Additionally, becoming empty nesters just forces them to reassess where they are in life, what they want out of the future and things of this nature. People sometimes find that they are no longer on the same page, even if they were happy to stay married while they were raising their children. Their future looks different, and so they decide to end that relationship.
Rising gray divorce rates
Evidence for these types of divorces is reflected in gray divorce rates. These have been going up recently, and many couples over 45 have an increasing divorce rate, while those under 45 have seen theirs falling.Part of the reason for this could be that many couples in these later age brackets are becoming empty nesters. They may have gotten married relatively young, in their early 20s, and then raised children together. But by the time they reach their late 40s and 50s, life is changing.These late-in-life divorces can be complex financially, even for couples who no longer have to consider child custody details. That is why it is important to know what legal rights you have when going through a divorce.]]>On Behalf of Walsh Law Firm, P.L.L.C.<![CDATA[How parenting time works in Mississippi]]>https://www.walshlawfirmpllc.com/?p=469262026-09-21T02:23:27Z2026-09-21T02:23:27ZHow best to divide parenting time and responsibilities (known generally as “child custody”) during divorce often depends on a number of factors unique to each family. While the gender of each parent shouldn’t be one of them, many fathers still feel that they’re at a disadvantage over their child’s mother when it comes to these decisions.
In an effort to recognize that children are usually better off when parents participate in their upbringing, Mississippi recently joined the growing number of states that have made a 50-50 custody split the default option.
A “rebuttable presumption”
The law, which is not retroactive to cases prior to July 1 of this year, doesn’t mandate that child custody be divided equally between parents. It creates a “rebuttable presumption that joint custody and equally shared parenting time is in the best interest of the child.”That means if one parent is seeking primary or sole custody of their child against the wishes of the other parent, they need to make their case for why that’s in the child’s best interests. If a judge determines that a 50-50 custody arrangement is not in a child’s best interests, they need to state their reasons.This puts the burden of proof on the person who believes equally shared custody isn’t right in their case rather than on a parent who is simply seeking a 50-50 arrangement against their co-parent’s wishes. Under the law, “joint custody” refers to both physical and legal custody, which encompasses both where the child spends their time and who makes crucial decisions on their behalf.
Flexibility within the law
There are many reasons why a 50-50 arrangement isn’t workable – for example, if one parent has to travel frequently on business. The law notes that if both parents agree on something other than a 50-50 arrangement for physical and/or legal custody, the court may grant it “without documenting a reason for deviation.”Children’s needs change considerably as they get older. What is best when their parents first divorce may not continue to be in their best interests. The law states that the 50-50 rebuttable presumption applies only to any temporary custody order and the initial “final” custody order but not to any future modifications.Knowing the law is crucial to divorcing parents, whether they’re able to negotiate custody and other agreements with the help of their legal representatives or have to leave the decision to a judge. Having sound legal guidance can help them protect and assert their rights and work toward what is best for their child.]]>On Behalf of Walsh Law Firm, P.L.L.C.<![CDATA[Can you file for bankruptcy twice?]]>https://www.walshlawfirmpllc.com/?p=469242026-08-29T16:30:19Z2026-08-29T16:30:19ZYes, it is certainly possible to file for bankruptcy twice. In fact, there is technically no limit on the number of filings a person has. You can use the bankruptcy process repeatedly, as long as you have eligible debt and meet other qualifications.
However, there are waiting periods that have been established between repeat bankruptcies. You cannot immediately file again as soon as your current case is discharged. You do have to honor these waiting periods, so, while you are not prohibited from filing twice, it is important to know exactly when you can do so. One of the most important components is which type of bankruptcy filing you are going to use: Chapter 7 or Chapter 13.
What was your original filing?
For instance, perhaps your original filing was a Chapter 7 bankruptcy case. This is liquidation bankruptcy, so you liquidated non-exempt assets.If you would like to file for Chapter 7 bankruptcy a second time, you will have to wait eight years after the first case has been discharged. If you would like to file for Chapter 13 bankruptcy the second time, however, you only have to wait four years.On the other hand, perhaps you used Chapter 13 bankruptcy the first time. This set up a repayment plan and consolidated your debt, rather than liquidating assets.If you would like to file for Chapter 13 bankruptcy a second time, you have to wait two years to do so. If you would like to file for Chapter 7 the second time, then you will need to wait up to six years. You can sometimes shorten the waiting period when you meet certain requirements and complete the original Chapter 13 repayment plan.
Bankruptcy can be complex
As you can see, using bankruptcy multiple times can be complicated, and these are just a few of the regulations to keep in mind. Be sure you know exactly what legal steps to take and what options you have.
]]>On Behalf of Walsh Law Firm, P.L.L.C.<![CDATA[What is a default divorce judgment?]]>https://www.walshlawfirmpllc.com/?p=469232026-08-14T13:13:44Z2026-08-14T13:13:44ZIn the majority of divorce cases, both spouses are involved in the legal process. One person may serve the other the divorce petition, but that person then has a chance to respond to the petition, attend court hearings and make their opinions known when it comes to key decisions, like a child custody arrangement or the division of marital assets.
However, if one person is not involved, the court can then determine that they are “in default.” A divorce judgment can still be issued, dissolving the marriage and addressing custody or property division issues. But it is known as a default divorce judgment because the other spouse has not participated in the legal process.
Why would this be necessary?
There are a few different reasons why this may be needed, starting with the fact that some people will intentionally avoid the divorce process. Maybe one person files for divorce, but their spouse adamantly refuses to get a divorce and inaccurately believes that refusing to participate prevents the divorce from continuing.In reality, all they can do is delay the process. Once they miss the deadline to respond to the divorce petition, the court can keep moving forward without them.Another example is in a case of abandonment, where the other spouse is uncommunicative or impossible to find. If they have abandoned their marriage, their spouse may still want to end that legal relationship. A default divorce can be used to do so, terminating the marriage even if the other spouse is never found.Most of the time, a default divorce judgment will not be necessary. However, in complex situations, it is still important for people to know that this is a potential option so that they can move forward with the divorce that they want, with or without their spouse's involvement.
]]>On Behalf of Walsh Law Firm, P.L.L.C.<![CDATA[When can parents alter a custody order?]]>https://www.walshlawfirmpllc.com/?p=469222026-08-05T20:19:34Z2026-08-05T20:19:34ZA child custody order determines each parent’s custody rights. For example, a custody order may give both parents the right to decide what is best for their child when it comes to medical care, education or religion. A custody order can also decide where a child lives. Many custody orders allow parents to share physical custody of their child.
While it is not unusual for custody orders to be revised or modified over time, it is important to remember that they can only be altered when there are significant changes in circumstances. Here is what you should know:
What is considered a significant change in circumstance?
A significant change in circumstance refers to matters that could impact a child’s best interests. Changes in circumstances often occur as children grow and family dynamics change. Here are a few reasons a judge may approve a custody order modification:
Moving: One parent may relocate because of job or housing changes, and that can affect parenting time for both parents. A modification could allow a parent to travel less and spend more custody hours with their child.
Safety risks: There may be signs that a child’s safety is at risk when they are with one of their parents. That parent may have a substance abuse problem, domestic violence issues or other issues that would require a custody order modification for the child’s safety.
Schedule conflicts: Work and school schedules can inconveniently conflict with a custody schedule. Parents may need to request a custody order modification that fits their new daily routine.
Learning more about child custody laws can help you negotiate changes to a custody order. Parents can reach out for professional legal guidance for help during a child custody hearing.]]>On Behalf of Walsh Law Firm, P.L.L.C.<![CDATA[What is “concealment” in bankruptcy?]]>https://www.walshlawfirmpllc.com/?p=469202026-07-27T14:49:40Z2026-07-27T14:49:40ZFiling for bankruptcy requires you to disclose all property, financial interests and other assets that may belong to the bankruptcy estate. Leaving something off your bankruptcy schedules can have serious consequences if prosecutors believe you intentionally tried to conceal assets or income from the court or your creditors.
Federal law treats concealment broadly. You do not have to physically hide an asset for it to qualify as concealment. Failing to disclose property or preventing others from discovering it may also lead to criminal charges. To obtain a conviction, however, the prosecution must prove several specific elements beyond a reasonable doubt.
You were involved in a bankruptcy proceeding
The prosecution must first establish that a bankruptcy case existed. Your legal duty to disclose assets arises once you file for bankruptcy. Although property may have been transferred or hidden before you filed, prosecutors must show the concealment continued after the bankruptcy case began.
You knowingly and fraudulently concealed property
This is often the biggest point of contention. The government must prove that you intentionally concealed property from the trustee, creditors or another person responsible for administering the bankruptcy case, rather than just making a mistake on your paperwork.Concealment may include:
Leaving an asset off your bankruptcy schedules
Failing to disclose a financial interest
Placing property in someone else's name
Providing false information about ownership
Preventing the trustee from discovering an asset
An omission by itself is not enough to show concealment. Prosecutors must show that you acted knowingly and with fraudulent intent. In reality, most omissions are likely to be nothing more than human error.
The property belonged to the bankruptcy estate
The prosecution must also prove that the concealed property belonged to the bankruptcy estate or should have been disclosed so the court could determine its status. This definition is broad and may include legal, equitable or beneficial interests. Even if you are uncertain whether an asset ultimately belongs to the estate, you are generally expected to disclose it instead of deciding on your own that it is not reportable.Understanding these requirements can help you appreciate why complete and accurate disclosure is so important when filing for bankruptcy. If you have concerns about an omitted asset or are facing allegations of concealment, seek legal guidance promptly to understand your rights, disclosure obligations and the best way to respond.]]>On Behalf of Walsh Law Firm, P.L.L.C.<![CDATA[Practical ways to protect your power in a high conflict divorce]]>https://www.walshlawfirmpllc.com/?p=469192026-07-06T19:33:06Z2026-07-06T19:33:06ZLimit direct contact with your soon-to-be ex
Unless you’re co-parenting (and even if you are), you likely don’t have to spend extended time alone with your spouse outside of legal meetings and proceedings or talk with them on the phone. Texts, emails and co-parenting apps can help keep conversations brief and focused and help you set boundaries.
Remain consistent in your tone and behavior
Most high-conflict divorces involve at least one spouse whose behavior varies drastically – sometimes from one minute to the next. They may be charming when they want something and antagonistic and vengeful when they don’t get it. It’s easy to mirror those swings. However, by remaining as calm, firm and consistent as possible, you minimize their power to manipulate the situation and wear you down.
Build a solid support system
It may help to find a therapist if you don’t already have one – preferably one with experience helping people navigate the emotional minefield of divorce. Having a “ride-or-die” group of friends (even a couple) can help you maintain your self-esteem and lessen self-doubt.
Additionally, by having an experienced legal professional on your side, you can more effectively seek the property division, support and other agreements that you need to transition to the next phase of your life on solid footing.]]>On Behalf of Walsh Law Firm, P.L.L.C.<![CDATA[Can child support continue through a teen’s college years?]]>https://www.walshlawfirmpllc.com/?p=469182026-06-22T23:58:30Z2026-06-22T23:58:30ZMississippi child support can help with college
Mississippi actually has a much more flexible child support system than other states. Parents may have an obligation to continue paying support until their children turn 21 or graduate high school.
The courts can also potentially make one parent responsible for a portion of college expenses. A judge may consider a parent's ability to pay, the child's academic aptitude and other unique family details when deciding if continued child support during college is appropriate.
Divorcing parents may also have the option of working with one another to reach an agreement to split college costs in a certain way. One parent might also commit to providing a fixed amount annually for as long as a child continues their educational pursuits.
Learning more about how Mississippi handles child support can help parents give their children the opportunities they deserve. If a child is college-bound, contributions from both parents may be necessary to help them afford an education.]]>On Behalf of Walsh Law Firm, P.L.L.C.<![CDATA[How long does a Mississippi divorce take?]]>https://www.walshlawfirmpllc.com/?p=469172026-06-09T10:54:53Z2026-06-09T10:54:53ZThe law imposes a waiting period
In some states, spouses who have agreed on specific terms for a divorce can quickly move forward with an uncontested divorce. They can potentially complete the entire process in a matter of weeks, especially if they have a prenuptial or postnuptial agreement outlining the terms of the divorce.
Even the fastest divorces in Mississippi generally require more than two months to complete. The state imposes a 60-day waiting period after the initial filing. The courts cannot move forward with the divorce process until at least 60 days after the submission of initial paperwork by the filing spouse.
In cases where spouses disagree about key aspects of the divorce and must present evidence at a hearing in family court, the process can take substantially longer to complete. People preparing for divorce often need to understand that the process could easily take six months or longer, especially when there are disagreements about financial support, property division or child custody.
Learning more about Mississippi divorce statutes can help people know what to expect and how long the process may take. Those planning to file for divorce often benefit from discussing their circumstances with a family law attorney first.]]>