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Mississippi
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Mississippi Code
Disclaimer: What you read and see on this
site is NOT legal advice. It is for educational purposes only. This
information is commonly had in other resources, but we have assembled
it here for you to see all in one place. So come back and view it
as often as you like.
Mississippi Residency Requirement
According to the Mississippi Divorce Laws and Mississippi Divorce
Guidelines, to get divorced in Mississippi, either one of the spouses
must have been a resident of the state for 6 months
Place of Divorce (Venue)
A no-fault divorce can be filed in:
(1) county where either spouse resides
(2) the county where 1 of the spouses is a resident
A fault-based divorce can be filed in:
(1) the county where the defendant resides if resident of Mississippi
(2) the county where the plaintiff resides if the defendant is not
a resident
(3) the county where the spouses last lived prior to separating
Simplified or Special Divorce
Procedures
A no-fault divorce on the grounds of irreconcilable
differences may be granted if:
(1) a joint bill of complaint for divorce is filed by both the husband
and wife;
(2) a bill of complaint has been filed and: (a) the defendant has
entered an appearance by written waiver of process or (b) has been
personally served with the divorce papers. In addition, if there
is a written agreement between the spouses for the care and custody
of any children and for the division of all property, the court
may incorporate such an agreement into the divorce judgment. If
the spouses cannot agree on the terms of an agreement, they must
consent to the divorce in writing and consent to allow the court
to decide all contested issues. There is a 60-day waiting
period after filing before a hearing may be scheduled.
A bill filed meeting these qualifications will be taken as proved
and no testimony or proof will be required at the hearing. However,
if the defendant denies that there are irreconcilable differences,
the divorce may not be granted on these grounds.
Mississippi Grounds for Divorce
Grounds for a No-Fault divorce:
(1) Irreconcilable differences
Grounds for a Fault based divorce:
(1) Impotence
(2) adultery
(3) imprisonment
(4) drug addiction and/or alcoholism
(5) confinement for incurable insanity for at least 3 years before
the divorce is filed
(6) wife is pregnant by another while married
(7) willful desertion for at least 1 year
(8) cruel and inhuman treatment
(9) spouse lacked mental capacity to consent
(10) incest
NOTE: Regardless of
the reason of the breakdown of the marriage or the reason for filing
for divorce in Mississippi, the Divorce
Do It Yourself Service will do divorces on an "Agreed" basis or
a “Default” basis.
- An Agreed Divorce
, defined by Mississippi divorce guidelines and Mississippi divorce
laws, is a scenario where the spouses agree on the terms of the
divorce such as Mississippi property distribution, Mississippi
child support, or Mississippi child custody. Most of our clients
(75%) prefer the Agreed Divorce method and both spouses sign the
divorce papers and are agreed to the terms of divorce.
- A Default Divorce
, according to the Mississippi
divorce guidelines and Mississippi divorce
laws, is a divorce where the other spouse doesn’t sign the Mississippi
Divorce forms or Mississippi divorce papers, he/she doesn’t do
anything at all with the divorce. They simply default on the case
and the spouse who files for divorce gets whatever was asked for
in the original paperwork.
Process to file for Divorce in
Mississippi
There are only three basic procedural steps to a divorce:
- File Mississippi Divorce Papers (Mississippi
Divorce Forms)
- Notify Spouse of your filing for divorce
in Mississippi
- Attend your Mississippi divorce hearing
Mississippi Child Custody
Simple Definitions: (source: Mississippi divorce guidelines and
Mississippi divorce laws)
- Visitation is
the plan the spouses have on where the children will live
and when the children will see the other spouse
- Legal Custody
is the decision ability of the parents in the lives of the children.
Such as, where the children will attend school and which church
they will go to.
- Physical Custody
pertains to the place where the children will live and which parent
they live with.
Mississippi Child Custody in a shared arrangement,
in one form or another, is the preferred method of our Mississippi
divorce customers. If a sole custody arrangement is to be considered,
then there is usually a reason agreed upon
by both parties that one parent is to have the children. Usually
the financial status of a parent is not to be considered for allocating
any parental rights and responsibilities. Shared Custody or Sole
Child Custody may be awarded according to the best interests of
the child.
Mississippi Child Support
If the parents are unable to agree to an amount of child support,
there are guidelines that determine the amount of support based
on the Mississippi Child Support Guidelines. The guideline amount
is presumed to arrive at an amount of support that is in the child's
best interest. But, most divorcing spouses agree to a figure on
their own, that will work just fine. Also, in most situations, -0-
Child Support is OK if both spouses are working and can manage.
Property Distribution
In an Uncontested "Agreed Divorce" or "Default Divorce" the property
is divided so that both parties agree to the division. The main
concern here is to agree to the property division so that it doesn’t
create a fight that one party will want to go to a Mississippi divorce
lawyer or divorce attorney to make the case into a Contested Divorce.
Then you will have to incur the fees of a lawyer too.
- Debts Most divorcing
spouses set out who will pay what debts as part of their marital
settlement agreement during the divorce process, and close all
of their joint accounts.
- Alimony (Spousal Support)
In an Uncontested Divorce, Alimony may be awarded to either spouse
for their support and maintenance after the divorce. Both parties
must agree to it. Since most spouses are working, alimony (if
awarded at all), is usually for a shorter period of time, and
smaller amount than in the past. Alimony may be paid in a lump
sum payment of money or a payment plan. Alimony is not required
for a person to get divorced in Mississippi.
Missing Spouse
If you do not know where your spouse is and cannot locate him/her,
after diligent effort, you may still get a divorce in Mississippi.
It may involve the extra expense of running a newspaper ad or something
similar. We help you through the process.
Wife’s Last Name
The Wife may receive her Maiden Name back in the Divorce if she
wishes. We include this name change in our service for FREE. Divorce
in Mississippi often includes a name change.
Court Filing Fees
The Court filing fees are not included in the price of
our service. To file for divorce in Mississippi, fees must
usually be paid when you file the Mississippi divorce forms and
Mississippi divorce papers at your county courthouse. These
fees vary between County to County, so it is best to call them and
ask what the fees are in your County. Regardless of whether
you are going through a divorce service, using a Mississippi divorce
kit, using a divorce attorney (or divorce lawyer), or doing a nearly
free divorce in Mississippi, you will almost always be the one to
cover the court fees which is standard procedure.
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| 2 |
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| 3 |
Sign
and file the final divorce papers at your local County
Courthouse. Get a date for your hearing and attend it.
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