Mississippi Divorce
Information and FAQ
Mississippi law allows for no-fault divorces, no fault divorces
with contested issues, and fault divorces. The no-fault divorce is
based upon irreconcilable differences and may only be granted were
both parties agree to a divorce. If both parties agree to the
divorce, but cannot agree on all aspects of custody, property
division, etc., then they can let the court decide these matters
(this is a no-fault divorce with contested issues).
If the parties do NOT agree to get divorced, then one party must
seek the divorce based on one of twelve recognized grounds. These
include:
1. Habitual cruel and inhuman treatment. 2. Adultery. 3. Being
sentenced to any penitentiary. 4. Desertion for one year. 5.
Habitual drunkenness. 6. Habitual and excessive use of opium,
morphine or other like drug (including addiction to presciption
drugs). 7. Natural impotency. 8. Insanity or idiocy at the time of
marriage, if the party complaining did not know of such infirmity.
9. Marriage to some other person at the time of the pretended
marriage between the parties. 10. The wife's pregnancy by another
person at the time of the marriage, if the husband did not know of
such pregnancy. 11. Incest. 12. Incurable insanity.
Residency Requirements In order to file a fault or no-fault
divorce, one party must be a resident of the state of Mississippi
for at least 6 months before filing for divorce.
Venue Divorce actions are filed in Chancery Court. A complaint
for divorce based solely on the grounds of irreconcilable
differences shall be filed in the county of residence of either
party where both parties are residents of this state. If one (1)
party is not a resident of this state, then the complaint shall be
filed in the county where the resident party resides. Waiting period
A waiting period of 60 days after filing the joint complaint is
required before a divorce may be granted.
Required financial statement The Mississippi UNIFORM CHANCERY
COURT RULES, RULE 8.05. FINANCIAL STATEMENT REQUIRED, provides that
unless excused by Order of the Court for good cause shown, each
party in every domestic case involving economic issues and/or
property division shall provide the opposite party or counsel, if
known, financial disclosures of the following:
(A) A detailed written statement of actual income and expenses
and assets and liabilities, such statement to be on the forms
attached hereto as Exhibit "A" and "B". (B)
Copies of the preceding year's Federal and State Income Tax returns,
in full form as filed, or copies of W-2's if the return has not yet
been filed.
(C) A general statement of the providing party describing
employment history and earnings from the inception of the marriage
or from the date of divorce, whichever is applicable.
The forms in the USLF divorce package include the required
financial statement forms. » Return to top Property division By
Court decision, Mississippi recognizes basic equitable distribution
procedures. Marital property may be divided between the parties
regardless of title. In an irreconcilable differences divorce, the
parties agree on property matters in their separation and property
settlement agreement. The court may award alimony to husband or
wife. Child Custody The court may award custody of the children in a
divorce to wife, husband or joint custody. Provisions in separation
agreements are not binding on the court. The court looks to the best
interest of the children. Mississippi allows physical and legal
custody. Joint custody is also allowed if the court finds that joint
custody is in the best interest of the children. Custody shall be
awarded as follows according to the best interests of the child:
(a) Physical and legal custody to both parents jointly. (b)
Physical custody to both parents jointly and legal custody to either
parent. (c) Legal custody to both parents jointly and physical
custody to either parent. (d) Physical and legal custody to either
parent. » Return to top Non-Custodial Parent Right to Information
Access to records and information pertaining to a minor child,
including but not limited to medical, dental and school records,
shall not be denied to a parent because the parent is not the
child's custodial parent if such parent's parental rights have not
been terminated by adoption or by a termination of parental rights
proceeding. Child Support Mississippi has adopted guidelines for
child support. The guidelines are based on the number of children:
Children Percent of Adjusted Gross Income 1 14% 2 20% 3 22% 4 24%
5 or more 26%
The guidelines may be modified by showing various factors (see
the Law Summary for the form package you select).
|
(Customer Pays Shipping &
Handling)
