Filing for divorce is a difficult decision for anyone to make, and navigating the legal process of divorce can be confusing and overwhelming. In the state of Mississippi, there are specific laws and procedures that must be followed when filing for divorce. Here are some common questions asked about filing for divorce in Mississippi.
What are the Grounds for Divorce in Mississippi?
In Mississippi, there are 12 grounds for divorce. The most commonly used grounds are “irreconcilable differences” and “habitual cruel and inhuman treatment.” Irreconcilable differences refer to situations where the couple can no longer get along and the marriage is irretrievably broken. Habitual cruel and inhuman treatment refers to situations where one spouse has been subjected to physical, emotional, or mental abuse. Other grounds for divorce in Mississippi include adultery, desertion, impotence, insanity, and drug or alcohol addiction.
What is the Residency Requirement for Filing for Divorce in Mississippi?
In order to file for divorce in Mississippi, at least one spouse must have been a resident of the state for six months prior to filing. The divorce petition must be filed in the county where the non-filing spouse resides or in the county where the couple last lived together.
What is the Process for Filing for Divorce in Mississippi?
The first step in filing for divorce in Mississippi is to file a Complaint for Divorce with the Chancery Court in the appropriate county. The Complaint for Divorce must include the grounds for divorce, a statement regarding the couple’s assets and liabilities, and any requests for child custody, child support, or spousal support. The filing fee for a Complaint for Divorce in Mississippi is $165.
After the Complaint for Divorce has been filed, the non-filing spouse must be served with a copy of the Complaint. The non-filing spouse has 30 days to file a Response to the Complaint. If the non-filing spouse does not file a Response, the divorce may proceed as an uncontested divorce. If the non-filing spouse does file a Response, the case will proceed as a contested divorce.
What is the Difference Between a Contested and Uncontested Divorce in Mississippi?
An uncontested divorce is one in which the couple agrees on all of the terms of the divorce, including child custody, child support, spousal support, and the division of assets and liabilities. In an uncontested divorce, the couple can file a Joint Complaint for Divorce, which speeds up the process and reduces legal fees.
A contested divorce is one in which the couple cannot agree on one or more of the terms of the divorce. In a contested divorce, the court will hold a hearing to resolve any issues that the couple cannot agree on.
What is the Process for Dividing Property in a Mississippi Divorce?
Mississippi is an equitable distribution state, which means that property and assets acquired during the marriage are divided fairly, but not necessarily equally, between the spouses. In order to divide property, the court will consider a number of factors, including the length of the marriage, each spouse’s contribution to the acquisition of property, and the earning capacity of each spouse.
What is the Process for Determining Child Custody in a Mississippi Divorce?
In Mississippi, child custody is determined based on the best interests of the child. The court will consider a number of factors, including the child’s relationship with each parent, each parent’s ability to provide for the child’s needs, and the child’s preferences (if the child is old enough to express a preference).
What is the Process for Determining Child Support in a Mississippi Divorce?
In Mississippi, child support is determined based on the Mississippi Child Support Guidelines. The Guidelines take into account the income of both parents, the number of children involved, and any other factors the court deems relevant. The court may also order one parent to provide health insurance for the child.
What is the Process for Determining Spousal Support in a Mississippi Divorce?
In Mississippi, spousal support (also known as alimony) may be awarded to one spouse if the court determines that the spouse is unable to support themselves without financial assistance. The court will consider a number of factors, including the length of the marriage, each spouse’s earning capacity, and each spouse’s contributions to the marriage.
What is the Timeline for a Mississippi Divorce?
The timeline for a Mississippi divorce will vary depending on whether the divorce is contested or uncontested. In an uncontested divorce, the process can be completed in as little as 60 days. In a contested divorce, the process can take several months or even years, depending on the complexity of the case.
If you have questions about your own upcoming divorce, call The Law Offices of Rusty Williard at (601) 824-9797.