Filing for Divorce in Mississippi
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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.
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:
- Desertion of more than 1 year
- Habitual drug abuse or alcoholism
- 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 disovling 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.