In fact, Mississippi allows qualifying couples to file a joint divorce petition (known as a “complaint”) and get their final divorce in as little as two months—without going to court. This article explains Mississippi’s simplified uncontested divorce process, including how to qualify and file your paperwork.
Do I have to go to court for uncontested divorce in Mississippi?
Finalizing Your Mississippi Divorce If your divorce is uncontested, you generally won’t have to attend a court hearing. Once the waiting period has expired, a judge will review your settlement agreement and other paperwork.
How much is a simple divorce in Mississippi?
When you file your divorce complaint, you’ll need to pay a filing fee. As of August 2022, the filing fee for divorce in Mississippi was $148 for an uncontested divorce, and $158 for a contested one. But that’s always subject to change, so check with the court clerk to confirm the current amount.
Can you date while separated in Mississippi?
It is commonly asked by clients, “Can I date others?” The short answer is NO. In Mississippi divorce there is no such thing as “legal separation.” You are married until you are divorced.
What are the 12 grounds for divorce in Mississippi?
- Natural and incurable impotence;
- Adultery;
- A stay in a penitentiary for any duration of time;
- Willful, continued, and obstinate desertion for a year;
- Habitual drunkenness;
- Habitual and excessive use of opium, morphine, or other like drugs;
What can be used against you in a divorce?
Spending marital money on extramarital affairs. Transferring marital funds to another person before a separation. Spending unreasonable amounts on business expenditures. Selling marital assets below the market value.
How long do you have to be married in Mississippi to get alimony?
For example, in Maine, Mississippi, and Tennessee, judges will only award alimony in marriages lasting longer than 10 years. In these states, alimony payments can’t last longer than half the length of the marriage unless there are extenuating circumstances, like a physical or mental disability.
What constitutes abandonment in a marriage?
In matrimonial law, abandonment is a form of marital misconduct which occurs when one spouse brings the cohabitation to an end (1) without justification, (2) without consent, and (3) without intention of renewing the marital relationship.
Do both parties have to agree to a divorce in Mississippi?
In order to file a divorce for irreconcilable differences in Mississippi, both parties must explicitly agree that a divorce is desired. A no-fault divorce is something for which the spouses must qualify, not something they are readily granted – especially in Mississippi.
How long after a divorce can you remarry in Mississippi?
27. Mississippi. There is no period following the entry of a divorce decree during which both parties are prohibited from remarrying, although the decree may provide in the discretion of the court whether or when a party guilty of adultery shall marry again.
How long does it take to get a divorce if both parties agree?
A divorce or dissolution will take at least 6 months to complete, even if your circumstances are straightforward. It might take longer if you need to sort out issues with money, property or children. These things will be dealt with separately to your divorce or dissolution.
Can a divorce be denied in Mississippi?
If your spouse has contested the divorce or denied that there are irreconcilable differences, the judge can still grant the divorce if your spouse withdraws (takes back) or cancels the denial/contest.
What is considered adultery in Mississippi?
Mississippi state law defines adultery as “voluntary sexual intercourse on the part of either spouse with a person other than his or her own spouse.” Certain acts of infidelity that many spouses would consider cheating are not considered adultery under state law.
What constitutes abandonment in Mississippi?
Desertion/Abandonment Desertion or abandonment in a marriage is when one spouse leaves the other without warning and offers no communication for at least one year. If that person also has children who depend on them financially, they can be charged by the state of Mississippi for criminal abandonment.
What are the three types of adultery?
- Passionate Adultery. Couples frequently consider physical unfaithfulness first with regards to put stock in infringement in the relationship, however regularly ignore enthusiastic disloyalty.
- Energetic Adultery.
- Mental Adultery.
- Visual Adultery.
- Spiritual Adultery.
Does Mississippi require separation before divorce?
At the discretion of the court, temporary alimony payments may also be a factor in separation entitlement. Mississippi does not require any type of legally sanctioned separation before divorce proceedings are initiated or concluded.
What qualifies as adultery?
Adultery is commonly defined as: The voluntary sexual intercourse by a married person with someone other than the offender’s spouse. It is important to understand that Adultery is a crime in many jurisdictions, although it is rarely prosecuted.
Is Ms A 50/50 divorce state?
Thus, when it comes to property division, Mississippi is not a “community-property” state whereby all of the divorcing spouses’ assets, regardless of whether they were acquired during the marriage or not, are divided equally (50/50) upon divorce.
Who gets the house in a divorce in MS?
Financial Disclosures. Mississippi is the only state that awards property to the person whose name is on the title. If only one person’s name is on the title to a car or the house, it goes to that person. However, the court does have the flexibility to divide assets fairly and equitably.
Is Mississippi a spousal state?
Mississippi is one of a minority of states that not only divide marital or community property acquired during the course of a marriage, but may also divide assets earned prior to the marriage regardless of which spouse is the title owner.
Can text messages be used against you in a divorce?
Can My Texts Be Used Against Me in a Divorce? The short answer is “Yes.” The court usually allows the person receiving the text to testify that he or she recognizes the phone number the text was sent from. The court might also ask about the sender’s identity and the context of the message.
Is it OK to date during divorce?
Divorce and dating rarely go together. Not only can dating during divorce potentially jeopardize your divorce settlement and child custody arrangement, it can rock the emotions of everyone involved. Before you start downloading dating apps, consider the following reasons NOT to date during divorce.
How do I protect myself before divorce?
- Hire An Attorney. You may not know that you are not actually required to litigate a divorce.
- Cancel Joint Credit Cards.
- Keep Tight Records.
- Don’t Sign Anything.
- Choose Your Words Carefully.
- Protect Yourself.
How much alimony will I get in Mississippi?
Calculating Alimony in Mississippi Mississippi does not have specific guidelines or an alimony calculator. Each Judge makes decisions on a case by case basis, depending on the factors listed above. There is no formula for calculating spousal support.
Do I have to support my wife after divorce?
As long as the couple remains married, the court does not set a time limit on spousal support. Maintenance on the other hand, is support the higher-earning spouse pays after the divorce is finalized.