Family Law Representation You Can Trust

Aggressive Representation When It Matters Most

Family legal issues are personal, emotional, and often life-changing. Whether you're preparing for divorce, seeking custody of your children, or pursuing a modification to an existing order, we understand what’s at stake—and we act accordingly. At D. Kirk Tharp, Attorney at Law, we provide trusted legal guidance, honest communication, and strategic advocacy from beginning to end.

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From municipal courts to federal benches, we have the credentials—and the courtroom firepower—to represent you at every level, in any jurisdiction, across the state.

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We’ve fought—and won—for thousands of clients across Mississippi, using aggressive, battle-tested legal strategies that get it right when it matters most.

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We listen with intention, build a custom plan around your goals, and push your case forward with precision and force. Every move is calculated. Every step is aggressive.

Divorce

Focused on Fair Outcomes and a Strong Future

Divorce can be one of the most difficult and emotional experiences of your life. Whether the decision was mutual or one-sided, it affects your home, finances, children, and future. At D. Kirk Tharp, Attorney at Law, we understand the weight of what you’re going through—and we don’t take that lightly.


Our approach is straightforward:
We listen first, build a clear strategy around your goals, and fight to make sure the outcome positions you for stability and success. We manage
everything from marital property division and retirement accounts to business interests, spousal support, and parenting plans.

You don’t have to face divorce alone. Let us help you move forward with clarity, strength, and confidence.

  • Do I have to prove fault to get a divorce in Mississippi?

    No. Mississippi allows for both fault-based and no-fault divorces. A no-fault divorce can be granted based on "irreconcilable differences," but both spouses must agree to that ground. If one spouse does not agree, a divorce may still be granted on fault-based grounds such as adultery, habitual drug or alcohol use, or desertion.

  • How long does it take to finalize a divorce in Mississippi?

    The timeline depends on the type of divorce. A no-fault divorce has a mandatory 60-day waiting period after filing, provided both parties agree on all terms. Contested divorces—where there are disputes over custody, support, or property—can take significantly longer, depending on the complexity of the case and court schedules.

  • Do both parties have to agree to a divorce?

    For a divorce based on irreconcilable differences, both parties must agree. However, a divorce can still be granted on fault-based grounds without mutual consent if sufficient evidence is presented.

  • Do I have to prove fault to get a divorce in Mississippi?

    No. Mississippi allows for both fault-based and no-fault divorces. A no-fault divorce can be granted based on "irreconcilable differences," but both spouses must agree to that ground. If one spouse does not agree, a divorce may still be granted on fault-based grounds such as adultery, habitual drug or alcohol use, or desertion.

  • How long does it take to finalize a divorce in Mississippi?

    The timeline depends on the type of divorce. A no-fault divorce has a mandatory 60-day waiting period after filing, provided both parties agree on all terms. Contested divorces—where there are disputes over custody, support, or property—can take significantly longer, depending on the complexity of the case and court schedules.

  • Do both parties have to agree to a divorce?

    For a divorce based on irreconcilable differences, both parties must agree. However, a divorce can still be granted on fault-based grounds without mutual consent if sufficient evidence is presented.

Child Custody

Fighting for the Best Interests of Your Children

When your child’s future is on the line, nothing matters more. Custody cases are often the most emotionally charged part of any family law matter—and they require a careful, strategic approach. At D. Kirk Tharp, Attorney at Law, we help you navigate these difficult decisions with clarity, strength, and a deep understanding of Mississippi law.


Whether you're pursuing full custody, negotiating joint legal or physical custody, or seeking to modify an existing arrangement, we prioritize what matters most: the health, stability, and long-term well-being of your child.

Mississippi courts follow the “best interest of the child” standard, and we are prepared to clearly present your case in that light. We help you gather and present relevant facts, advocate for workable parenting schedules, and protect your parental rights every step of the way.


We understand that no two families are the same. That’s why we work closely with you to develop a custody and parenting plan tailored to your child’s needs and your goals as a parent. If the situation requires litigation, we’re ready to fight for you in court.


You deserve a legal team that will advocate for your children as fiercely as you do. That’s exactly what we provide.

  • What’s the difference between legal and physical custody?

    Legal custody refers to the right to make major decisions about the child’s upbringing (education, healthcare, religion), while physical custody refers to where the child lives on a daily basis. Parents can share one or both types of custody, depending on the arrangement.

  • Can custody orders be changed later?

    Yes. If there is a substantial change in circumstances—such as relocation, changes in the child’s needs, or one parent’s ability to care for the child—you can petition the court to modify the custody order. We can help you assess and file for modifications when necessary.

  • Can a child choose which parent to live with?

    Mississippi law allows the court to consider the child’s preference once the child is 12 years or older, but it’s not the deciding factor. The judge will still evaluate all circumstances and weigh the child’s preference as one of many factors in determining what’s in their best interest.

  • Is joint custody common in Mississippi?

    Yes. Courts often encourage joint custody when both parents are fit and involved in the child’s life. However, joint custody doesn’t always mean equal time. The court may assign joint legal custody while awarding one parent primary physical custody based on stability, schooling, or other needs. However, it is important to note, every situation is different.

  • What if one parent violates the custody order?

    Violating a court-ordered custody agreement is a serious matter. The other parent may file a motion for contempt, which could result in penalties, changes to custody, or even jail time for repeated or severe violations. We can help you enforce the terms of your existing order.

  • What’s the difference between legal and physical custody?

    Legal custody refers to the right to make major decisions about the child’s upbringing (education, healthcare, religion), while physical custody refers to where the child lives on a daily basis. Parents can share one or both types of custody, depending on the arrangement.

  • Can custody orders be changed later?

    Yes. If there is a substantial change in circumstances—such as relocation, changes in the child’s needs, or one parent’s ability to care for the child—you can petition the court to modify the custody order. We can help you assess and file for modifications when necessary.

  • Can a child choose which parent to live with?

    Mississippi law allows the court to consider the child’s preference once the child is 12 years or older, but it’s not the deciding factor. The judge will still evaluate all circumstances and weigh the child’s preference as one of many factors in determining what’s in their best interest.

  • Is joint custody common in Mississippi?

    Yes. Courts often encourage joint custody when both parents are fit and involved in the child’s life. However, joint custody doesn’t always mean equal time. The court may assign joint legal custody while awarding one parent primary physical custody based on stability, schooling, or other needs. However, it is important to note, every situation is different.

  • What if one parent violates the custody order?

    Violating a court-ordered custody agreement is a serious matter. The other parent may file a motion for contempt, which could result in penalties, changes to custody, or even jail time for repeated or severe violations. We can help you enforce the terms of your existing order.

Visitation

Protecting Your Right to Meaningful Time with Your Child

Spending time with your child isn’t a privilege—it’s a right. Whether you’re the non-custodial parent, working through a divorce, or facing a modification to an existing order, visitation arrangements play a critical role in maintaining a healthy parent-child relationship.


At D. Kirk Tharp, Attorney at Law, we understand how important that time is. We work closely with clients to establish clear, enforceable visitation schedules that serve the best interests of the child while protecting the rights of both parents. When emotions run high, we remain focused on fairness, consistency, and long-term stability.


Mississippi courts encourage frequent and continuing contact with both parents whenever possible. We help ensure your visitation rights are respected, whether through negotiation or litigation.


If you're experiencing conflicts, denial of visitation, or need to modify a current schedule due to relocation, remarriage, or changing life circumstances, we’re here to act quickly and effectively on your behalf.

You deserve to be part of your child’s life. We’ll help you protect that connection.

  • What’s the difference between legal and physical custody?

    Legal custody refers to the right to make major decisions about the child’s upbringing (education, healthcare, religion), while physical custody refers to where the child lives on a daily basis. Parents can share one or both types of custody, depending on the arrangement.

  • Can custody orders be changed later?

    Yes. If there is a substantial change in circumstances—such as relocation, changes in the child’s needs, or one parent’s ability to care for the child—you can petition the court to modify the custody order. We can help you assess and file for modifications when necessary.

  • Can a child choose which parent to live with?

    Mississippi law allows the court to consider the child’s preference once the child is 12 years or older, but it’s not the deciding factor. The judge will still evaluate all circumstances and weigh the child’s preference as one of many factors in determining what’s in their best interest.

  • Is joint custody common in Mississippi?

    Yes. Courts often encourage joint custody when both parents are fit and involved in the child’s life. However, joint custody doesn’t always mean equal time. The court may assign joint legal custody while awarding one parent primary physical custody based on stability, schooling, or other needs. However, it is important to note, every situation is different.

  • What if one parent violates the custody order?

    Violating a court-ordered custody agreement is a serious matter. The other parent may file a motion for contempt, which could result in penalties, changes to custody, or even jail time for repeated or severe violations. We can help you enforce the terms of your existing order.

  • What is considered a “standard” visitation schedule in Mississippi?

    While Mississippi does not have a single, court-mandated schedule, a typical standard visitation arrangement for non-custodial parents often includes:

    • Every other weekend
    • Extended time during summer (2–6 weeks)
    • Alternating holidays

    Alternating spring and fall breaks

    However, each case is unique, and courts will approve schedules based on what is in the best interest of the child.

  • What happens if the other parent refuses to follow the visitation schedule?

    If a parent violates a court-ordered visitation schedule, you can file a motion for contempt. The court may enforce the order, modify the arrangement, or impose penalties on the non-compliant parent. Consistent violations can have serious legal consequences.

  • Can I modify my visitation order?

    Yes. If circumstances change—such as work schedules, school needs, or relocation—you can request a modification. The court will review whether the proposed change still serves the best interest of the child.

Child Support

Ensuring Fair and Reliable Financial Support

Child support is about ensuring that children receive the financial resources they need to thrive. At D. Kirk Tharp, Attorney at Law, we work to establish, enforce, or modify support orders in a way that is fair and in accordance with Mississippi law.


Whether you are the custodial parent seeking support or the non-custodial parent needing to protect your financial rights, we’ll help ensure your child’s needs are met and your obligations are properly calculated.

  • How is child support calculated in Mississippi?

    Mississippi uses a formula based on the non-custodial parent’s adjusted gross income and the number of children. For example, support for one child is generally 14% of that income, increasing with more children.

  • Can child support be adjusted if my income changes?

    Yes. If there’s a substantial change in income—either up or down—you can petition the court for a modification. This applies to both payors and recipients.

  • What expenses does child support cover?

    Child support is intended to help cover basic needs like housing, food, clothing, medical care, and education-related expenses. It may not account for extracurricular or special medical needs unless specified in the order.

  • How is child support calculated in Mississippi?

    Mississippi uses a formula based on the non-custodial parent’s adjusted gross income and the number of children. For example, support for one child is generally 14% of that income, increasing with more children.

  • Can child support be adjusted if my income changes?

    Yes. If there’s a substantial change in income—either up or down—you can petition the court for a modification. This applies to both payors and recipients.

  • What expenses does child support cover?

    Child support is intended to help cover basic needs like housing, food, clothing, medical care, and education-related expenses. It may not account for extracurricular or special medical needs unless specified in the order.

Alimony

Supporting Financial Stability After Divorce

Alimony, or spousal support, is not automatic in Mississippi—but when awarded, it’s meant to ensure one spouse isn’t left at a severe financial disadvantage after a divorce. We represent clients on both sides of alimony requests and work to reach fair outcomes based on the facts of the case.


Whether you’re seeking spousal support or being asked to pay, we provide experienced, strategic representation that considers your long-term financial future.

  • What types of alimony are available in Mississippi?

    Mississippi recognizes several types: periodic, lump sum, rehabilitative, and reimbursement. The court determines the appropriate type based on the length of the marriage, income disparity, and other factors.

  • Is alimony permanent?

    Not always. Some forms, like rehabilitative alimony, are meant to support a spouse temporarily while they gain employment or education. Periodic alimony can continue longer, but may be terminated upon remarriage or substantial change in circumstances.

  • Can alimony be modified or terminated?

    Yes. If there is a significant change—such as job loss, retirement, or remarriage—you may request a modification or termination of alimony through the court.

  • What types of alimony are available in Mississippi?

    Mississippi recognizes several types: periodic, lump sum, rehabilitative, and reimbursement. The court determines the appropriate type based on the length of the marriage, income disparity, and other factors.

  • Is alimony permanent?

    Not always. Some forms, like rehabilitative alimony, are meant to support a spouse temporarily while they gain employment or education. Periodic alimony can continue longer, but may be terminated upon remarriage or substantial change in circumstances.

  • Can alimony be modified or terminated?

    Yes. If there is a significant change—such as job loss, retirement, or remarriage—you may request a modification or termination of alimony through the court.

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The Experience You Need.

The Aggressive Representation You Deserve.

With over 25 years of courtroom experience and a reputation for aggressive, results-driven advocacy, D. Kirk Tharp is the attorney clients trust when there’s no room for error. Whether you’re going through a divorce, facing serious charges, or recovering from a life-changing injury, don’t settle for anything less than legal counsel who’s ready to go to battle for you.