After reading this thorough overview of MS divorce laws you will be able to understand the terms used in divorce forms and know how to fulfill the filing requirements. You will also see what ground is suitable for your situation and whether it needs to be proved. This guide also contains detailed description of the divorce process in Mississippi.
Divorce laws in MS: Demands to satisfy before filing
Before you begin searching for the forms to file, we advise you to familiarize yourself with the legal requirements for dissolving your marriage in Mississippi. Divorce laws in Mississippi prohibit those who fail to meet these demands from applying for divorce in the state.
So, if you are seeking a divorce, either of the following statements must fit your situation:
- Either partner must have lived in MS for at least half a year before any documents are submitted to the court.
- If either of the partners is serving in the US Armed Forces and they are stationed in MS, the couple is considered to be residents of the state.
Keep in mind that Mississippi divorce law also says the divorce should be filed in the county where either of the partners lives if both are residents or in the county where the initiating party lives if she or he is the only resident.
Acceptable grounds for divorce in Mississippi
Divorce laws of Mississippi recognize two types of grounds for marriage dissolution. The first type is no-fault grounds which includes irreconcilable differences. This ground means the couple has disagreements that do not allow the partners stay together. If such grounds for
divorce in Mississippi are stated in the claim for divorce, the initiating party does not need to explain anything else. The desire of only one party to end the marital relationship is enough for the court to start investigating the case.
The other type of grounds for divorce in MS consists of fault-based grounds. Choosing any of the following facts as the reason for marriage dissolution requires the initiator to provide proof to persuade the court:
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- Inability to maintain the sexual relationship in the marriage
- Alcoholism or drug abuse
- Being diagnosed with insanity for up to 3 years
- Pregnancy by someone other than the husband
- Abandonment for no less than a year
- Lack of mental health of either spouse to agree on the dissolution of marriage
- Sexual relationship between blood relatives.
Reasons for divorce in Mississippi and types of divorce available
As we have taken a look at the Mississippi grounds for divorce, now we will see how they relate to the types of divorce. Choosing a no-fault reason opens the door to uncontested dissolution, thus making the divorce process quick and easy to perform according to divorce law in Mississippi. If the couple chooses a fault-based reason, the initiating party must prove it in the court. Thus, the dissolution becomes contested, meaning a great deal more effort.
Mississippi divorce process
Now that you are equipped with the knowledge on divorce grounds and means to perform the process, we invite you to take a look at the complete steps to
getting a divorce in Mississippi in an uncontested manner:
- Make sure you meet the residence requirements in Mississippi before taking any other action.
- Create a written agreement with your partner where the settlement of financial issues, property division, spousal maintenance and other important issues is outlined. If you have children, you must also create a parenting plan.
- Keep in mind that Mississippi divorce laws on property assert that it must be divided by the titling by default. This means that after the marriage is over, each partner will get the property that is in her or his name. However, judges now consider such division insufficiently fair, therefore other factors are taken into account when making a decision on the matter. They include the effort made by each partner to obtain the property, the taxes that apply, and the financial stability of each partner. Also do not forget that Mississippi divorce laws on adultery are taken into account when the decision on spousal maintenance is made.
- Visit our website to fill out the questionnaire to help complete your paperwork.
- Receive the completed papers for filing right to your inbox and print them.
- Sign the documents in the appropriate places and visit a notary public for verification.
- Visit the clerk’s office of the respective court (according to Mississippi laws on divorce it should be in the county where the residency requirements were met).
- File the papers and pay the fee (you can find out the price from the clerk’s office directly).
- Wait a certain time (Mississippi divorce laws on the waiting period say it is necessary to wait at least two months until the decision is made).
- Receive the decree of marriage dissolution.