Filing for Divorce in Mississippi

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how do i file for divorce in mississippi

Before you file for divorce in Mississippi it helps to identify your goals for the future.

You may know that you want your marriage to end, but you may not have thought much beyond that.

If that’s the case, you need to know what options you have available to you so you can plan the best course of action for yourself and, if you have children, your children too.

If you are thinking about filing for divorce in Mississippi, please contact one of our experienced divorce attorneys today.

Are You Filing for Divorce in Mississippi?

If you are filing for divorce in Mississippi, you shouldn’t face it alone. We want to hear from you, simply fill out the form below and we will contact you to set up a consultation. We just need some brief information:

Fault vs. No-Fault Divorce in Mississippi

Most states offer their residents the option of filing either a fault-based or no-fault divorce. Some states only allow no-fault. Up until recently, New York only allowed residents to file fault-based divorces.

In a no-fault divorce, the couple agrees to dissolve the divorce on the grounds of insupportability. In other words, the couple tells the court that their marriage is no longer supportable due to irreconcilable differences. Nobody blames anybody for it, and each spouse goes their separate ways.

A fault-based divorce is based on grounds other than insupportability. Each state allows specific grounds for filing a fault-based divorce. In Mississippi, there are plenty to choose from. They include:

  • Impotence
  • Adultery
  • Imprisonment
  • Desertion of more than 1 year
  • Habitual drug abuse or alcoholism
  • Cruelty
  • Insanity at time of marriage
  • Incurable insanity (over a period of 3 years)
  • Undisclosed marriage
  • Undisclosed pregnancy with a different father than the spouse
  • The spouses are blood relatives deemed too closely related

In order to pursue a fault-based marriage, one spouse must accuse the other spouse of one of these “grounds”. Furthermore, they must be able to prove these grounds in court in order to have their marriage dissolved based on those grounds.

No-Fault Divorce Does Not Mean Uncontested Divorce

There are plenty of ways to approach a divorce, but no-fault divorce simply states that the couple is not dissolving the marriage on fault-based grounds. One spouse often contests a no-fault divorce. Issues such as property division, spousal support, child custody, and child support may lead to a long court battle.

If you have questions about which type of divorce in Mississippi is best for you, it’s essential you talk to an attorney.

Procedure for Filing for Divorce in Mississippi

In Mississippi, you must file for the divorce in the last county which you and your spouse lived together or the county in which your spouse resides now. If your spouse lives out of state, you can file the complaint in the county where you reside.

After identifying what grounds upon which you want to pursue your divorce, you will have to find the form entitled Complaint for Divorce. In it, you will identify yourself as the plaintiff and your spouse as the defendant.

If you choose to file a no-fault divorce on the grounds of irreconcilable differences, you will need to wait 60 days before proceeding.

After you bring your complaint to the chancery court in the county where you need to file, you will give the complaint to the clerk who will stamp it with the date. At this point, you have filed your divorce with the court. A copy will need to make its way to your spouse somehow.

Contact a Mississippi Divorce Attorney

The Harris Law Firm can help you with the complicated process of filing for divorce in Mississippi. Give us a call at (877) 714-4171 or contact us online for more information.

Author Photo

Noel Harris

W. Noel Harris, founder of Harris Law Firm, PLLC, is a distinguished personal injury attorney with a Juris Doctor from the University of Mississippi School of Law. Since 1981, he has been a dedicated member of the Plaintiff’s bar, specializing in personal injury, medical malpractice, wrongful death, and products liability. Known for his profound legal knowledge and tenacious client representation, Noel has over three decades of experience, yielding numerous million and multi-million dollar verdicts and settlements. His commitment to justice is reflected in his memberships in prestigious legal associations, including the Mississippi and Arkansas Bars, Mississippi Association for Justice, American Association for Justice, and the National Trial Lawyers Association. Recognized as a Top 100 Trial Lawyer and holding an AV Preeminent Rating from Martindale-Hubbell, Noel’s expertise and ethical standards set him apart as a leading advocate for accident victims in Greenville, MS. Read

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