John M. Mooney, Jr., PLLC
208 Waterford Square Suite 100
Madison, MS 39110

Telephone: (601) 981-9555
Fax: (601) 981-7922

Pre-Divorce Consultation

John M. Mooney, Jr., has been advising clients and litigating cases for more than 30 years. John has served as a Seminar Speaker and published articles to inform others about divorce in Mississippi.

Areas of Practice

Family Law | Corporate Law | Constitutional Law | Labor and Employment Law | School Employment Law

Family Law - In Mississippi, the law allows you to obtain a divorce for irreconcilable differences (no-fault) or for fault grounds.

  • Irreconcilable Differences: If you and your spouse agree you want a divorce and you also agree as to what property you will each take, then you can file a complaint for irreconcilable differences. Once a complaint is filed, there is a sixty (60) day waiting period before a Judge may grant a divorce.
  • Irreconcilable Differences with Contest Issues: If you and your spouse agree you want a divorce but have a few issues that you cannot agree upon, then you may file for irreconcilable differences with contested issues. In this case, the Court will decide those issues for you.
  • Fault Grounds: If you want a divorce and your spouse does not agree, then you must file for a divorce for fault grounds. There are twelve grounds in which you can receive a fault grounds for divorce.
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Corporate Law - A corporation is a legal entity created through the laws of its state of incorporation. Individual states have the power to establish laws relating to the creation, organization and dissolution of corporations. Many states follow the Model Business Corporation Act as does Mississippi. Corporation laws require articles of incorporation to document the corporation's creation and to provide provisions regarding the management of its business affairs. These statutes also operate under the assumption that each corporation will adopt bylaws to define the rights and obligations of officers, persons and groups within its structure.

The law treats a corporation as a legal "person" that has standing to sue and be sued, distinct from its stockholders. The legal independence of a properly formed and maintained corporation prevents shareholders from being personally liable for corporate liabilities and obligations. It also allows stockholders to sue the corporation through a derivative suit and makes ownership in the company (shares) easily transferable. The legal "person" status of corporations gives the business perpetual life; deaths of officers or stockholders do not alter the corporation's structure.

Depending on the purpose of the entity, different types of "corporate" entities may be preferable for tax reasons, liability reasons, and simplicity of operation. We can advise you on the best choice of entity to serve your needs and provide ongoing consultation in the proper handling of corporate matters.

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Constitutional Law - Because constitutional law deals with the interpretation and implementation of the United States Constitution, it concerns some of the fundamental relationships within our society. This includes relationships among the states, the states and the federal government, the three branches (The Executive, Legislature, Judiciary) of the government, and the rights of the individual in relation to both state and federal government.

We assist clients who believe that their constitutional rights have been violated. This includes the right to free speech, due process of the law, and equal protection under the law. We also represent several publications and advise them on First Amendment and Freedom of the Press issues.

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Labor and Employment Law - We represent employees that have suffered wrongful terminations and adverse employment actions in the workplace as well as private and public sector employers. Our labor and employment practice encompasses the following areas: discrimination, harassment, breach of contract and collateral tort claims; Advice and preventive counseling; Employee handbooks and personnel policies; Affirmative action and OFCCP audits; OSHA compliance and litigation; Unfair labor practice proceedings before the National Labor Relations Board; ERISA litigation, including plan subrogation matters; Wage and hour issues, matters before the U.S. Equal Employment Opportunity Commission (EEOC), Merit System Protection Board (MPSB), as well as Civil Service Commissions within municipalities in the State of Mississippi that have such process of appeal for municipal employees.

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School Employment Law - An employee performs a service for the employer who in turns pays the employees. The relationship between employee and employer may seem simple until you consider compensation, overtime pay, disability leave, discrimination, free speech - the list goes on. For schools, this issue can be even more complicated. The Education Employment Procedures Law of 2001 as applied to superintendents, principals, and teachers in Mississippi, outlines a procedure that must be followed by a school board in order to remove a tenured, or permanent, teacher from employment. School districts also often employee people using different legal arrangements - a fixed-term contract for administrators and an at-will status for other employees. We can help school boards navigate the legal ropes to determine the correct course of action regarding all employees.

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