Salida v. Salida

¶ 35. I respectfully dissent from the majority opinion for two reasons. First, when a couple seeks a no-fault divorce, they are permitted by statute, Miss.Code Ann. § 93-5-2(2) (1994), to sign an agreement settling all property and custody matters. This settlement agreement is made in anticipation of the divorce judgment which may incorporate the agreement if the Chancellor approves. The statute states that “such judgment may be modified as other judgments for divorce,” and our cases recognize that issues of child custody, support, etc. may be adjusted as circumstances warrant. The majority…