Divorce Laws in Mississippi
*All information on this page is intended to provide educational and informational materials only, not to serve as legal advice in any form or capacity.
Divorce is the legal process of ending a marriage contract, which can have significant implications for the lives of the divorcing spouses and their children. Divorce laws in Mississippi are complex and will affect you personally. Divorce laws are not uniform across the United States as each state has its own statutes and procedures that govern how a divorce can be obtained, and what issues can be resolved. Below is a description of the divorce legal processes in Mississippi so you can better prepare yourself, and choose if a divorce lawyer is needed, or if a DIY Divorce kit can be used.
Divorce in Mississippi: What You Need to Know
Mississippi is one of the states with the highest divorce rates, at 5.4 per 1,000 of the total population. In Mississippi, there are both no-fault and fault divorce grounds that can be used to dissolve a marriage. Although Mississippi does recognize annulments, the frequency of these cases is low due to the tough grounds for annulment and the lengthy process that is involved.
If you are considering a divorce in Mississippi, it is best to seek the counsel of a professional divorce lawyer. They can help you determine the best course of action for your situation.
Divorce Grounds in Mississippi
Marriage is a bond in which spouses agree to certain rights and duties. When this bond is broken or the responsibilities are not met, it may lead to divorce. In Mississippi, both no-fault and fault divorce grounds can be used to dissolve a marriage.
No-Fault Divorce Grounds in Mississippi
The only no-fault divorce in Mississippi is Irreconcilable Differences. This means that for both parties, there are certain differences that cannot be resolved and the only option is to seek a divorce.
Fault Divorce Grounds in Mississippi
- Willful Desertion for At Least One Year: This occurs when one spouse abandons the other without any intention to reunite. In Mississippi, desertion can occur even if the deserter and spouse are living under the same roof. After filing the divorce complaint, the court will provide a 60-day waiting period to allow the parties to reconcile.
- Adultery: If one spouse is proven to have been involved in a sexual relationship with another person, the court will grant a divorce.
- Incarceration: If a spouse is sent to prison, it is a ground for divorce in Mississippi.
- Alcohol or Drugs Abuse: Habitual drunkenness or excessive drug use is a ground for divorce in Mississippi if it can be proven that it has had a negative impact on the marriage.
- Insanity for Up to Three Years: If a spouse is declared incurable by a certified surgeon, then the other spouse may file for divorce. The condition must have existed prior to the filing of the case.
- Wife Pregnancy by Another Man: If a wife is found to be pregnant by another man, the court may grant a divorce. The innocent spouse must not have known of the condition prior to the marriage.
- Impotence: Natural impotency is a pre-existing condition that is a ground for divorce in Mississippi.
- Cruel and Inhuman Treatment: If one spouse endangers the life, health, or creates a fear of danger of the other, the court may grant a divorce.
- Spouse Lacking Mental Capacity to Consent to Divorce: Insanity or idiocy is another pre-existing condition that is a ground for divorce in Mississippi.
For more detailed information regarding divorce grounds in Mississippi, it is best to contact a professional divorce attorney or divorce lawyer.
Exploring Mississippi Divorce Laws
The dissolution of a marriage can be an incredibly difficult process, and navigating the divorce laws of any state can be confusing. Mississippi has a unique set of rules when it comes to divorce, and it is important to understand them before filing. Read on to explore the key elements of Mississippi divorce laws.
Residency
In order to file for divorce in Mississippi, either you or your spouse must have been a resident of the state for at least six months. The process of dissolution must take place in the state where either of the spouses resides.
Documents Required for Filing Divorce
The essential documents needed to start and finalize a divorce in Mississippi are:
- Bill of Complaint for Divorce
- Decree of Divorce
Distribution of Property
Mississippi is a “title” state, meaning that if the spouses have title to specific pieces of property in their own name, they are permitted to keep their property after the dissolution. The state also provides for the equitable distribution of the marital property of the marriage at the time of the final divorce between the parties for property that is not titled individually.
Change of Name or Restoration of Name
After the proper dissolution in Mississippi, each spouse can claim for a name change.
Mediation Counseling
When a motion for divorce is filed, a judge may determine that there is a chance of reconciliation and may order mandatory mediation for the spouses. If one of the parties disagrees with the filing or the court concludes that there is a chance for the marriage to be repaired, the court may delay the proceedings for 30-60 days to make an attempt at reconciliation.
Alimony
Alimony is awarded based on the cause of separation and not the fault of a spouse in causing a divorce. Spousal support is not intended to punish a guilty spouse but rather to lessen the financial impact of divorce on the other spouse.
Child Custody
Child custody is the most essential issue in most divorces. The court grants child custody in the best interests of the child and may set visitation rights if the parents cannot voluntarily agree.
Child Support
The party not having custody will be called upon to contribute to the support of the minor child. The court may use the state Child Support Guidelines for determining child support amount, but can deviate from these guidelines in right circumstances.
For comprehensive divorce laws information of Mississippi, contact a professional divorce attorney or divorce lawyer.
Dissolving a Marriage in Mississippi: Annulment Laws
When it comes to dissolving a marriage, many people are familiar with the concept of divorce, but far fewer understand the process of annulment. In annulment, a marriage is declared null and void. Every state has its own annulment grounds, and Mississippi is no exception. In this article, we’ll cover the annulment laws in Mississippi and how they apply to dissolving a marriage.
Grounds for Annulment in Mississippi
In order to obtain an annulment in Mississippi, you must prove one of the following annulment grounds set by the state’s annulment laws:
- Fraud and Duress: If you have been cheated, threatened, or forced into a marriage, you are eligible for an annulment.
- Mental Illness: If your spouse suffers from a mental illness, whether permanent or temporary, and your marriage has been adversely impacted as a result, you can file for annulment.
- Impotency: Impotency in a spouse is a valid annulment ground in Mississippi.
- Consanguinity: Consanguinity is defined as any sort of marital relations between close relatives, such as father/daughter, mother/son, sister/brother, uncle/niece, or aunt/nephew. Consanguinity is a lawful ground for annulment in Mississippi.
- Existence of a Prior Marriage: If your spouse was already married with someone else at the time of marriage, you may be eligible for an annulment.
- Under Influence of Alcohol: If your spouse is a habitual drinker, you can get an annulment according to Mississippi annulment laws.
If you meet the criteria of any of the above annulment grounds, you may be eligible to obtain an annulment in Mississippi.
Mississippi Divorce Laws: Frequently Asked Questions
How much time does it take to get a divorce in Mississippi?
The length of time it takes to get a divorce in Mississippi varies. Generally, it takes about six months after filing the initial case for the divorce to be finalized.
Can my spouse and I hire the same divorce attorney?
No, you and your spouse cannot hire the same divorce attorney. It would be nearly impossible for a divorce lawyer to fairly represent both the plaintiff (you) and the defendant (your spouse) in the same proceedings.
What do I need to do to get custody of my child?
You cannot do anything to guarantee that you will get custody of your child. The court will decide whether you are eligible for custody based on the best interests of the child. Factors the court may consider include the parent’s ability to provide the child with emotional support, stable housing, and financial stability.
Do I need to hire a divorce lawyer?
No, you have the right to represent yourself in court. However, it is advised to hire the services of a professional divorce lawyer, especially if you are financially able to do so.
Is Mississippi a no-fault state?
Yes, Mississippi is a no-fault state. A no-fault divorce can be granted based on irreconcilable differences.
Do I need to appear in court to get a divorce in Mississippi?
The answer to this question depends on you and your spouse’s ability to work out all divorce-related issues. If you are able to come to an agreement, there is no need to appear in court. However, if you are unable to come to an agreement, one of you will be required to appear at court hearings.