IN THE CHANCERY COURT OF RANKIN COUNTY, MISSISSIPPI

HUSBAND

PLAINTIFF

VS.

CIVIL ACTION NO. _________________

WIFE

DEFENDANT
COMPLAINT FOR DIVORCE AND
MOTION FOR EMERGENCY TEMPORARY RELIEF
COMES NOW Plaintiff Husband and files this, his Complaint for Divorce and Motion

for Emergency Temporary Relief, over and against Defendant Wife, and, in support thereof,
would show unto the Court as follows, to-wit:
1.
Plaintiff Husband is an actual bona fide adult resident citizen of Rankin County,
Mississippi, having been such for more than six (6) months next preceding the commencement
of this action, and he resides at 200 Hunt Circle, Brandon, Mississippi, 39042.
2.
Defendant Wife is an actual bona fide adult resident of Rankin County, Mississippi,
having been such for more than six (6) months next preceding the commencement of this action.
She presently resides at 200 Hunt Circle, Brandon, Mississippi, 39042, where she may be
personally served with a copy of this Complaint and summons.
3.
The parties are both members of the Caucasian race who were united in marriage in July
of 1999, in Hinds County, Mississippi, and cohabited as Husband and Wife most recently at 200
Hunt Circle, Brandon, Mississippi, 39042, until their final separation on or about February 16,
2016.

4.

Two (2) children were born of the marriage, namely M.C.S., a male child born in October
of 2001, and J.C.S., a male born in April of 2014. No other children were born or adopted during
the marriage and none are expected.
5.
Said minor children have resided with the parties herein since their births, residing most
recently with both parties at 200 Hunt Circle, Brandon, Mississippi, 39042.

Plaintiff has

temporary custody of the subject minor children pursuant to Rankin Youth Court Cause Nos.
___________ and _______________. A shelter hearing in said matters is set to take place on
March 14, 2016.
6.
Defendant is guilty of uncondoned adultery. Said conduct entitles Plaintiff to a divorce of
and from Defendant upon the statutory ground of ADULTERY, pursuant to Miss. Code Ann.
93-5-1 (1972, as amended).
7.
Defendant further has a history of habitual and excessive drug use, including but not
limited to, the use of methamphetamine, prescription pain medication, marijuana and other illicit
and/or illegal substances. Defendant has been arrested and incarcerated due to her habitual and
excessive drug use, and she recently tested positive for multiple illegal substances, including, but
not limited to, methamphetamine and marijuana as a result of drug testing ordered in the Rankin
County Youth Court matters. As such, Plaintiff is entitled to divorce of and from Defendant
upon the statutory ground of HABITUAL AND EXCESSIVE USE OF OPIUM, MORPHINE,
OR OTHER LIKE DRUG, pursuant to Miss. Code Ann. 93-5-1 (1972, as amended).
8.

Furthermore, Defendant is guilty of engaging in a habitual course of conduct throughout

the marriage of the parties, including systemic verbal and emotional abuse.

Said conduct

constitutes habitual, cruel and inhuman treatment of and against Plaintiff, and said conduct has
been so outrageous and egregious that it amounts to intentional infliction of emotional, mental
and physical distress and harm upon and against Plaintiff; that said conduct entitles Plaintiff to a
divorce of and from Defendant upon the statutory ground of HABITUAL CRUEL AND
INHUMAN TREATMENT, pursuant to Miss. Code Ann. 93-5-1 (1972, as amended).
9.
In the alternative, Plaintiff alleges that the marriage of the parties is irretrievably broken,
there is no prospect of reconciliation and he desires a divorce and dissolution of their marriage
on the ground of Irreconcilable Differences pursuant to Miss. Code Ann. 93-5-2 (1972, as
amended).
10.
Plaintiff is a fit and proper person to be awarded sole legal and physical custody of the
minor children, and awarding Plaintiff sole legal and physical custody of the minor children is in
said childrens best interests.
11.
Pursuant to the guidelines set forth in Miss. Code Ann. 43-19-101 (1972, as amended),
Defendant should pay to Plaintiff as support for the parties minor children an amount equivalent
to twenty percent (20%) of her monthly adjusted gross income. Defendant should also be jointly
responsible with Plaintiff for any expenses related to the minor childrens education, including,
but not limited to, public school required fees, clothing expenditures, graduation and prom

expenses, college tuition, books, housing, etc., as well as reasonable extracurricular activities,
both school and non-school related, during grade school and college.
12.
Plaintiff will continue providing and maintaining health insurance coverage for the minor
children, but both parties should be equally responsible for payment of all reasonable and
necessary health-care expenses, deductibles and prescriptions of said children not covered by
such insurance, including, but not limited to, medical dental, vision, orthodontics,
pharmaceutical and/or psychological expenses.
13.
For federal and state income tax purposes, Plaintiff should be allowed to claim the
parties minor children as dependency exemptions when filing taxes each and every year until
such children attain the age where they can no longer be claimed for such purposes.
14.
Plaintiff should have permanent exclusive use and possession of that certain real property
located at 200 Hunt Circle, Brandon, Mississippi, 39042, which constituted the marital home.
Within thirty (30) days subsequent to entry of a Final Judgment of Divorce, Defendant should
execute a Quitclaim Deed transferring to Plaintiff any and all her interest in said real property as
well as any equity associated therewith, at which time Plaintiff shall be solely responsible for
repayment of the monthly mortgage, insurance and taxes, indemnifying and holding Defendant
harmless for any liability associated therewith.

15.
Plaintiff requests an equitable distribution of the personal property accumulated by the
parties during the marriage, with each party being entitled to retain exclusive use, possession and
ownership of those items of personal property received by him/her in such distribution.
16.
Plaintiff should have the exclusive use, possession and ownership of that certain 2005
Chevrolet Malibu, an automobile which he presently drives and which is titled in his name only.
Plaintiff should be solely responsible for repayment of the loan associated with the purchase of
said vehicle, as well as insurance costs, tag expenses and routine or necessary maintenance and
repair and should indemnify and hold Defendant harmless with respect thereto.
17.
The parties do not own or maintain any joint banking or financial accounts, and Plaintiff
should be entitled to exclusive use, possession and ownership of any and all financial accounts
presently existing and/or maintained in his individual name.
18.
Plaintiff has a PERS retirement account established by and through his employer, and
Plaintiff would show that he is entitled to sole exclusive use and ownership of any and all funds
contained therein free and clear of any interests that Defendant may have accumulated by virtue
of the marital relationship.
19.
The parties maintained both joint and individual credit card accounts during the marriage,
some of which Defendant fraudulently opened in Plaintiffs name. Plaintiff requests that an
equitable allocation be made as to the debts accumulated by the parties during the marriage, with

each party being individually responsible for repayment of the debts assigned therein and being
required to hold the harmless from liability with respect thereto.
20.
As a result of Defendants actions that have necessitated the filing of this Complaint,
Plaintiff further requests that Defendant be responsible for all his attorneys fees and court costs
related to this action.
MOTION FOR EMERGENCY TEMPORARY RELIEF
Certain urgent and necessitous circumstances exist entitling Plaintiff to emergency
temporary relief in this matter. Specifically, Defendant continuously and excessively uses illegal
drugs, often in the marital home and/or in the presence of the minor children, which has resulted
in numerous interactions with law enforcement, DHS and, most recently, Youth Court. Defendant
exhibits a complete lack of interest in cessation of her drug use and has recently shaved every
hair off of her body in order to evade detection of drugs by hair follicle drug tests. Plaintiff
wishes to reside in the marital home with the minor children and return some semblance of
normalcy and consistency to their lives. Accordingly, Plaintiff respectfully moves this Court for
an Order awarding him:
1.
Emergency temporary legal and physical custody of the minor children, subject to
Defendants rights to reasonable supervised temporary visitation in a manner deemed appropriate
by this Court;
2.
Temporary child support in an amount deemed appropriate by this Court and reasonable
under the circumstances;

3.
Emergency temporary exclusive use and possession of the marital domicile located at 200
Hunt Circle, Brandon, Mississippi, 39042, until such time as a final hearing in this matter may be
held;
4.
An injunction against Defendant directing, prohibiting and ordering her not to give, sell,
hide or in any other manner dispose of any marital assets until this matter can be heard upon the
merits;
5.
An injunction against Defendant directing, prohibiting and restraining her from in any
way interfering with, bothering, harassing or threatening Plaintiff or their minor children until
this matter can be heard upon the merits;
6.
An injunction against Defendant directing, prohibiting and restraining her from
contacting or attempting to communicate with Plaintiff, directly or indirectly, until such time as
this matter can be heard upon the merits; and
7.
Any and all such other general or special emergency or temporary relief as Plaintiff may
be found to be entitled upon an emergency temporary hearing thereon.
WHEREFORE PREMISES CONSIDERED, Plaintiff prays that this Complaint and
Motion be received and filed and that, upon an emergency and/or temporary hearing hereon, he
be awarded the emergency and/or temporary relief requested above, to include emergency
temporary custody of the minor children of the parties; an award of temporary child support;

emergency temporary exclusive use and possession of the marital home; Defendant to be
enjoined from contacting Plaintiff; and any such other further general or special emergency or
temporary relief to which Plaintiff may be found entitled in the premises, pending a final hearing
in this cause.
FURTHER, Plaintiff prays that, upon a final hearing hereon, this Honorable Court will
grant the following relief:
1.

An absolute divorce of and from Defendant based upon the grounds of

ADULTERY, HABITUAL CRUEL AND INHUMAN TREATMENT, and/or HABITUAL AND

EXCESSIVE USE OF OPIUM, MORPHINE, OR OTHER LIKE DRUG, or, in the alternative,
award the parties a divorce on the ground of irreconcilable differences;
2.

Plaintiff to have sole legal and physical custody of the minor children, both

temporarily and permanently, subject to Defendants reasonable rights to visitation in a manner

deemed appropriate by this Court;
3.

Defendant to pay monthly child support in an amount equivalent to twenty

percent (20%) of her monthly adjusted gross income;

4.

Defendant to be jointly responsible with Plaintiff for any expenses related to the

minor childrens education, including, but not limited to, public school required fees, clothing
expenditures, graduation and prom expenses, college tuition, books, housing, etc., as well as
reasonable extracurricular activities, both school and non-school related, during grade school and
college;
5.

Both parties to be equally responsible for payment of all reasonable and necessary

healthcare expenses, deductibles and prescriptions of said children not covered by such insurance

including, but not limited to, medical dental, vision, orthodontics, pharmaceutical and/or
psychological expenses;
6.

Plaintiff to claim the minor children as dependency exemptions for federal and

state income taxes, each and every year until the minor children attain the age where they can no
longer be claimed for such purposes;
7.

Plaintiff to have both temporary and permanent exclusive use and possession of

that certain real property located at 200 Hunt Circle, Brandon, Mississippi, 39042, which
constituted the marital home;
8.

An equitable distribution of the personal property accumulated by the parties

during the marriage to be made, with each party entitled to retain exclusive use, possession and
ownership of those items of personal property received by him/her in such distribution;
9.

Plaintiff to have the exclusive use, possession and ownership of that certain 2005

Chevrolet Malibu, indemnifying and holding Defendant harmless from any liability therewith;
10.

Both parties to have exclusive use, possession and ownership of any and all

financial accounts maintained in their individual names;

11.

Plaintiff to have sole exclusive use and ownership of any and all funds contained

in the PERS account existing in his name and established by and through his employer;
12.

An equitable allocation to be made as to the debts accumulated by the parties

during the marriage, with each party being individually responsible for repayment of the debts
assigned therein and being required to hold the harmless from liability with respect thereto;
13.

Defendant to be responsible for Plaintiffs attorneys fees and court costs related

to this action; and

14.

All such other general and special relief as Plaintiff may be found to be entitled in

the premises, upon a final hearing thereon.

WITNESS MY SIGNATURE, this ___ day of March, 2016.
______________________________
HUSBAND
STATE OF MISSISSIPPI
COUNTY OF HINDS
PERSONALLY APPEARED BEFORE ME, the undersigned authority in and for the said
county and state, within my jurisdiction, the within named HUSBAND, who, after being first
duly sworn, states on his oath that the matters and facts in the above and foregoing Complaint
for Divorce and Motion for Emergency Temporary Relief are true and correct as therein stated;
and that this Complaint is not filed by collusion with the Defendant for the purpose of obtaining
a divorce, but that the cause or causes for divorce stated therein are true and correct as stated.
______________________________
HUSBAND
SWORN TO AND SUBSCRIBED BEFORE ME, this ____day of March, 2016.
______________________________
NOTARY PUBLIC
MY COMMISSION EXPIRES:______________

PREPARED BY:
__________________________
Lawyer, MSB #103437
Law Office PLLC
Post Office Box 1000
Jackson, MS 39215-1000
Tel:
Attorney for Plaintiff

10