FAQs

Frequently Asked Questions

Get Answers to Your Most Important Legal Questions

We understand that legal matters can feel overwhelming and confusing. Our comprehensive FAQ section addresses the most common questions families ask about family law and estate planning in Mississippi and Alabama, helping you make informed decisions for your family’s future.

General Legal Services Questions

What areas of law does Meggs Law practice?

We specialize in family law and estate planning with an integrated approach. Our family law services include divorce, child custody, adoption, and domestic relations. Our estate planning services include wills, trusts, Medicaid crisis planning, and asset protection. What makes us unique is how we coordinate these practice areas to provide comprehensive family protection.

Do you serve clients in both Mississippi and Alabama?

Yes, Attorney Lisa Meggs is licensed to practice law in both Mississippi and Alabama. We serve clients throughout Mississippi and in western Alabama counties that adjoin Mississippi, including Tuscaloosa, Pickens, Lamar, and Sumter counties.

What makes your integrated approach different from other law firms?

Most law firms handle family law OR estate planning, requiring you to work with multiple attorneys who may not coordinate their advice. We handle both practice areas simultaneously, ensuring your family law decisions align with your estate planning goals. For example, when handling a divorce, we also update your estate planning documents to reflect your new circumstances.

Do you offer free consultations?

Yes, we offer free initial consultations for all new clients. This allows us to understand your situation, explain your options, and discuss how our integrated approach can benefit your family. There’s no obligation, and the consultation helps you make an informed decision about legal representation.

How quickly can you respond to urgent legal matters?

We understand that some legal matters require immediate attention. We offer emergency consultations for urgent situations like custody emergencies, domestic violence protection, or Medicaid crisis planning. Contact our office, and we’ll prioritize urgent matters to provide timely assistance.

Family Law Questions

What is the difference between legal separation and divorce?

Legal separation allows couples to live apart with court-ordered arrangements for support, custody, and property division without officially ending the marriage. Divorce legally terminates the marriage. Some couples choose separation for religious reasons, to maintain health insurance benefits, or as a trial period before deciding on divorce.

How does Mississippi's residency requirement work for divorce?

To file for divorce in Mississippi, at least one spouse must be a resident of Mississippi for at least six months before filing. The divorce must be filed in the county where either spouse resides.

What is the difference between contested and uncontested divorce?

An uncontested divorce means both spouses agree on all major issues including property division, child custody, and support. A contested divorce involves disagreements that require negotiation, mediation, or court intervention to resolve. Uncontested divorces are typically faster and less expensive.

Can I modify a custody or support order?

Yes, custody and support orders can be modified when there’s a substantial change in circumstances. Examples include job loss, income changes, relocation, remarriage, or changes in the child’s needs. The modification must be approved by the court.

What factors do courts consider when determining child custody?

Mississippi and Alabama courts consider the “best interests of the child” standard, including: parental fitness and stability, the child’s relationship with each parent, the child’s preferences (if age-appropriate), each parent’s ability to provide for the child’s needs, domestic violence history, and the importance of maintaining sibling relationships.

How is child support calculated?

Mississippi uses the Income Shares Model, which considers both parents’ incomes and the number of children. Alabama uses Rule 32, which is also an income shares approach. The calculation includes basic support plus additional costs for healthcare, childcare, and extraordinary expenses.

What are grandparents' rights in custody situations?

Grandparents may petition for visitation or custody in certain circumstances, such as when parents are divorced, separated, or deceased, or when the grandparent has had a significant relationship with the child. The court considers the best interests of the child and the impact on the parent-child relationship.

Divorce & Separation Questions

How long does a divorce take in Mississippi and Alabama?

Uncontested divorces typically take 60-90 days in Mississippi and 30-60 days in Alabama. Contested divorces can take 6-18 months or longer, depending on the complexity of issues and court schedules. Factors affecting timeline include property complexity, custody disputes, and whether the case goes to trial.

How is property divided in divorce?

Both Mississippi and Alabama follow “equitable distribution,” meaning marital property is divided fairly but not necessarily equally. The court considers factors like length of marriage, each spouse’s contributions, earning capacity, age and health, and the best interests of any children.

What's the difference between marital and separate property?

Marital property includes assets acquired during the marriage, regardless of whose name is on the title. Separate property includes assets owned before marriage, inheritances, and gifts to one spouse. However, separate property can become marital property if it’s commingled or significantly improved during the marriage.

Can I get spousal support (alimony)?

Spousal support may be awarded based on factors including length of marriage, each spouse’s earning capacity, standard of living during marriage, age and health, contributions to the marriage, and the recipient’s need for support. Support can be temporary, rehabilitative, or permanent.

What if my spouse hides assets during divorce?

Asset hiding is illegal and courts take it seriously. We can request formal discovery, subpoena financial records, hire forensic accountants, and seek sanctions against the hiding spouse. Hidden assets, once discovered, are typically awarded entirely to the innocent spouse.

How does divorce affect my estate planning?

Divorce significantly impacts your estate plan. We automatically review and update your will, trusts, beneficiary designations, and powers of attorney during your divorce to ensure your ex-spouse isn’t inadvertently included in your estate plan and your children’s inheritance is protected.

Can we use mediation instead of going to court?

Yes, mediation is often an effective way to resolve divorce issues more amicably and cost-effectively. We can represent you in mediation or collaborative divorce processes. However, if mediation fails, we’re fully prepared to advocate for you in court.

Child Custody & Support Questions

What's the difference between legal and physical custody?

Legal custody refers to decision-making authority about the child’s education, healthcare, religious upbringing, and other major life decisions. Physical custody refers to where the child lives and spends time. You can have joint legal custody but primary physical custody, or various other combinations.

Can a parent relocate with children after divorce?

Relocation with children typically requires court approval if it significantly impacts the other parent’s visitation. The relocating parent must usually prove the move is in the child’s best interests and not intended to interfere with the other parent’s relationship with the child.

What happens if a parent doesn't pay child support?

Non-payment of child support can result in wage garnishment, asset seizure, tax refund interception, license suspension, and even jail time for contempt of court. We can help enforce support orders through various legal mechanisms.

Can child support be modified?

Yes, child support can be modified when there’s a substantial change in circumstances, such as significant income changes, job loss, disability, or changes in the child’s needs. The modification must be approved by the court.

At what age can a child choose which parent to live with?

There’s no specific age when a child can automatically choose, but courts may consider a child’s preferences when they’re mature enough to express a reasoned opinion (typically 12-14 years old). The child’s preference is just one factor among many that courts consider.

What if the other parent violates the custody order?

Custody order violations can result in contempt of court charges, makeup visitation time, modification of the custody arrangement, or even changes in primary custody. We can help enforce custody orders and protect your parental rights.

How do custody arrangements affect estate planning?

Custody arrangements impact guardian designations in your will, life insurance beneficiaries, trust structures for children, and educational funding plans. We coordinate your custody agreements with your estate planning to ensure comprehensive protection for your children.

Adoption Questions

What types of adoption do you handle?

We handle stepparent adoptions, relative/kinship adoptions, private domestic adoptions, and adult adoptions. We also coordinate interstate adoptions and provide post-adoption legal services.

How long does stepparent adoption take?

Stepparent adoptions typically take 3-6 months, depending on whether the other biological parent consents or if their rights need to be terminated. The process includes background checks, home studies (if required), and court proceedings.

What are the benefits of stepparent adoption?

Stepparent adoption creates a full legal parent-child relationship, including inheritance rights, medical decision-making authority, Social Security benefits, and legal protection if the marriage ends. It also provides emotional security for the child and family.

Do we need a home study for stepparent adoption?

Home study requirements vary by state and circumstances. Mississippi typically requires a home study for stepparent adoptions, while Alabama may waive this requirement in certain situations. We’ll guide you through the specific requirements for your case.

What if the biological parent won't consent to adoption?

If the biological parent won’t consent, their parental rights may need to be terminated involuntarily. This requires proving grounds such as abandonment, failure to support, or unfitness. This process is more complex and time-consuming than consensual adoption.

How does adoption affect inheritance and estate planning?

Adopted children have the same inheritance rights as biological children. We immediately update your estate planning documents to include your adopted child in wills, trusts, life insurance beneficiaries, and guardian designations.

Can same-sex couples adopt in Mississippi and Alabama?

Yes, same-sex married couples can adopt, though the process may involve additional considerations. As an LGBTQ+ family ourselves, we understand the unique challenges and provide supportive, knowledgeable guidance throughout the adoption process.

Estate Planning Questions

Do I need an estate plan if I don't have significant assets?

Yes, estate planning isn’t just about wealth—it’s about protecting your family. Even with modest assets, you need documents to name guardians for minor children, make healthcare decisions if you’re incapacitated, and ensure your wishes are followed.

What's the difference between a will and a trust?

A will distributes your assets after death and goes through probate court. A trust can manage assets during your lifetime and after death, often avoiding probate. Trusts provide more privacy, flexibility, and can offer tax advantages, but they’re more complex and expensive to establish.

Do I need a trust if I have a will?

Not necessarily. Trusts are beneficial for avoiding probate, providing incapacity planning, maintaining privacy, and offering flexible distribution terms. Whether you need a trust depends on your assets, family situation, and goals.

How often should I update my estate plan?

Review your estate plan annually and update it after major life events like marriage, divorce, births, deaths, significant asset changes, or relocations. We recommend a comprehensive review every 3-5 years even without major changes.

What happens if I die without a will?

If you die “intestate” (without a will), state law determines how your assets are distributed and who manages your estate. This may not align with your wishes and can create complications for your family. The court will also appoint guardians for minor children.

Can I write my own will?

While you can write your own will, it’s risky. Improperly executed wills can be invalid, and DIY wills often fail to address important issues or create unintended consequences. Professional drafting ensures your will is valid and comprehensive.

What is a power of attorney?

A power of attorney allows someone you trust to make financial or healthcare decisions on your behalf if you become incapacitated. A durable power of attorney remains effective even if you become mentally incapacitated.

How does estate planning coordinate with family law matters?

Family law changes often require immediate estate planning updates. When we handle your divorce, adoption, or custody matter, we also review and update your estate planning documents to ensure everything works together harmoniously.

Wills & Trusts Questions

What should be included in my will?

A comprehensive will should include asset distribution instructions, executor nomination, guardian designations for minor children, specific bequests, residuary estate provisions, and tax planning strategies. It should also coordinate with your other estate planning documents.

Who should I choose as my executor?

Choose someone who is trustworthy, organized, available, and capable of handling financial matters. Consider naming an alternate executor. The executor can be a family member, friend, or professional fiduciary, depending on your estate’s complexity.

What is a pour-over will?

A pour-over will works with a revocable living trust, “pouring over” any assets not transferred to the trust during your lifetime into the trust after death. This ensures all assets are managed according to your trust’s terms.

How do I fund my trust?

Funding a trust means transferring ownership of your assets to the trust. This includes changing titles on real estate, bank accounts, investments, and updating beneficiary designations. Proper funding is crucial for the trust to work effectively.

What is a special needs trust?

A special needs trust provides for a disabled beneficiary while preserving their eligibility for government benefits like SSI and Medicaid. The trust can pay for supplemental needs not covered by benefits, such as education, recreation, and personal care.

Can I change my trust after it's created?

Revocable trusts can be modified or revoked during your lifetime. Irrevocable trusts generally cannot be changed, though some may have limited modification provisions. The type of trust you need depends on your goals for flexibility versus tax and asset protection benefits.

What happens to my trust when I die?

When you die, your revocable trust typically becomes irrevocable and is administered according to its terms. The successor trustee manages and distributes assets to beneficiaries as specified in the trust document.

Do trusts save on taxes?

Revocable trusts don’t provide tax savings during your lifetime, but they can help with estate tax planning. Irrevocable trusts can provide significant tax advantages by removing assets from your taxable estate, but they require giving up control of the assets.

Medicaid Crisis Planning Questions

What is the Medicaid look-back period?

Medicaid examines all financial transactions for the five years (60 months) before applying for benefits. Any gifts or transfers for less than fair market value during this period can result in a penalty period of Medicaid ineligibility.

Can I protect my home from nursing home costs?

Yes, your primary residence is generally protected while you’re alive, and there are strategies to protect it for your heirs. These include spousal protection rules, caregiver child exemptions, and certain trust structures, depending on your situation.

What is the penalty period for gifting assets?

If you gift assets during the look-back period, Medicaid calculates a penalty period by dividing the gift amount by your state’s average monthly nursing home cost. During this penalty period, you’re ineligible for Medicaid benefits.

How much can my spouse keep if I need Medicaid?

The community spouse (spouse not needing care) can keep up to $154,140 in assets (2024 limit) and monthly income up to $3,853.50. These amounts are adjusted annually and vary by state.

Is it too late to plan if I'm already in a nursing home?

No, crisis planning can still protect significant assets even after nursing home admission. Strategies include half-a-loaf gifting, spousal refusal, and crisis-period trusts, though advance planning provides more options.

What assets are protected from Medicaid?

Protected assets include your primary residence (with equity limits), one vehicle, personal belongings, household goods, burial plots, prepaid funeral contracts, and small life insurance policies. Income-producing property may also be protected in some cases.

Can veterans get additional benefits for long-term care?

Yes, veterans and surviving spouses may qualify for Aid & Attendance benefits, which can provide up to $2,431/month for veterans or $1,318/month for surviving spouses (2024 rates). These benefits can be coordinated with Medicaid planning.

How does Medicaid planning affect my estate plan?

Medicaid planning often involves creating trusts and restructuring assets, which requires coordinating with your existing estate plan. We ensure your Medicaid planning strategies align with your overall estate planning goals and family protection needs.

Payment & Fees Questions

Do you offer payment plans?

Yes, we offer flexible payment plans for all our services. Payment plans can range from 3-24 months depending on the service and your financial situation. We believe quality legal representation should be accessible to every family.

What payment methods do you accept?

We accept cash, checks, all major credit cards, debit cards, electronic fund transfers, and online payments through our secure client portal. We also work with legal financing companies for extended payment terms.

Do you offer sliding scale fees?

Yes, we offer sliding scale fees for qualifying families based on income, family size, and financial hardship. We believe every family deserves quality legal representation regardless of financial circumstances.

How much does estate planning cost?

Basic estate planning packages start around $1,200-$2,500, while comprehensive trust-based planning ranges from $2,500-$5,000+. Complex estate planning with business succession and tax planning can cost $5,000-$15,000+. We provide detailed cost estimates during your consultation.

What are the costs for divorce?

Uncontested divorce packages range from $1,500-$3,500, while contested divorces typically require a $2,500-$5,000 retainer with total costs varying based on complexity. We offer payment plans and provide regular billing updates so there are no surprises.

Are consultations really free?

Yes, initial consultations are completely free with no obligation. This allows us to understand your situation, explain your options, and discuss our integrated approach. You’ll leave with valuable information regardless of whether you hire us.

What happens if I can't make a payment?

We understand that financial situations can change. If you’re having difficulty making payments, contact us immediately. We can often modify payment plans or work out alternative arrangements to ensure you continue receiving the legal services you need.

Do you charge for phone calls and emails?

Brief phone calls and emails for case updates are generally not charged separately. However, lengthy consultations or substantial legal work conducted by phone or email may be billed. We’re always transparent about billing and will let you know if charges apply.

Getting Started Questions

How do I schedule a consultation?

You can schedule a consultation by calling (662) 848-2248, emailing info@meggslaw.com, or using our online scheduling system. We offer in-person, phone, and video consultations to accommodate your preferences and schedule.

What should I bring to my consultation?

Bring any relevant documents (court orders, financial statements, existing estate planning documents), a list of questions, and information about your goals. Don’t worry if you don’t have everything—we can work with whatever information you have.

How long does a consultation take?

Initial consultations typically last 45-60 minutes, giving us time to understand your situation thoroughly and explain your options. We never rush consultations and ensure all your questions are answered.

Can my spouse or family members attend the consultation?

Yes, we encourage including family members who are involved in the legal matter. For estate planning, we often meet with both spouses. For family law matters, we’ll discuss the best approach based on your specific situation.

What happens after the consultation?

After the consultation, you’ll have time to consider your options with no pressure. If you decide to hire us, we’ll provide an engagement agreement outlining services and fees, set up your payment plan, and begin working on your case immediately.

How do you communicate with clients during the case?

We communicate through phone calls, emails, and our secure client portal. You’ll receive regular updates on your case progress, and we’re always available to answer questions. We believe in keeping clients informed throughout the process.

Do you handle cases outside of Columbus?

Yes, we serve clients throughout Mississippi and western Alabama counties. We can meet with clients in various locations and handle many matters remotely when appropriate, making our services accessible regardless of your location.

What makes your firm different from other attorneys?

Our integrated approach to family law and estate planning sets us apart. Instead of handling these practice areas separately, we coordinate them to provide comprehensive family protection. This saves time, money, and ensures all your legal documents work together harmoniously.

What You will Learn

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Client Success Stories

Lisa didn't just handle my divorce—she helped me rebuild my entire financial future. Her integrated approach meant I walked away with both a fair settlement and a complete estate plan for my new life."

"Going through a same-sex divorce in Mississippi felt scary, but Meggs Family Law Group made me feel completely supported and protected throughout the process."

"The property division in our business-owner divorce was incredibly complex. Lisa's expertise saved our family business and protected my children's inheritance."