Mississippi divorce law synopsis
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Divorce Laws differ in all 50 states, as well as the “territories and commonwealths” that are part of the United States. If you will be filing for divorce, it is important that you know some of the state divorce laws and regulations in the state you may thinking about filing your divorce petition in – Missisippi. After reading the divorce laws of the state you are thinking you might be filing your divorce petition in, you may find that it may be in your best interests to speak to a good divorce lawyer, who will be there to help you in ironing out anything that may be unclear in the divorce laws.
Divorce can be a painful process, finding a good divorce lawyer should not be. We at Good Divorce Lawyers are here to help!
If you are thinking about filing a Mississippi divorce proceeding, this is a brief description of some of the divorce laws, rules, regulations and issues your divorce case may face.
Mississippi requires those who wish to file a Bill of Complaint in Chancery Court in Mississippi to be a resident of the state for at least 6 months before they can file such a complaint.
Mississippi Grounds for Divorce
As a mixed state, Mississippi allows spouses to file for either a no-fault or fault-based divorce in the state.
Uncontested Divorce in Mississippi
If the parties involved in a divorce file a joint agreement concerning the elements of the divorce, such a complaint is considered proved, a hearing is scheduled, and the divorce is generally granted.
Contested Divorce in Mississippi
If the parties cannot agree on all the foundational elements of a divorce settlement, they must consent to have a court decide the contested issues. These cases are more complex and costly, and it is to the benefit of both parties to retain divorce attorneys to protect their rights and present their case.
Annulment in Mississippi
An annulment is a declaration that a marriage was illegal, and once granted, that marriage becomes null and void. In order to receive an annulment, one or more of the following grounds must be proven:
- Fraud and duress
- Mental illness, either temporary or permanent, which affects the marriage
- Impotency
- Consanguinity, or marriage to a blood relation
- Existence of a prior marriage
- Habitually under the influence of alcohol
No Fault Divorce in Mississippi
The only grounds for a no-fault divorce are irreconcilable differences.
Mississippi Fault Divorce
In Mississippi, a fault-based divorce may be granted for one or more of the following grounds:
- Impotence
- Adultery
- Imprisonment for a felony conviction
- Alcohol or drug abuse
- Insanity, for a period of at least 3 years
- A wife being pregnant by another without the knowledge of their spouse
- Desertion for a period of at last 1 year
- Cruelty
- One party lacking the mental capacity to consent to the termination of the marriage
Mississippi Divorce and Child Custody
Child Custody Laws
Mississippi courts consider the best interest of the child to be paramount in every child custody order. Either joint or sole custody will be ordered at the discretion of the court. However, if the parties agree to joint custody, the court generally accepts that choice. If the court must make a determination, it will generally give weight to the wishes of the child. Any indication of abuse will be investigated by the court.
Child Alimony
The courts in Mississippi generally order a just and equitable amount of child support when required. Each parent will be required to provide support in the amount they are able. The parent that can provide health insurance more reasonably through an employee or organizational program may be ordered to do so. Those ordered to provide support may be required to post a bond guaranteeing such support.
Mississippi uses the Percent of Income Model to calculate support estimates, as well as Child Support Worksheets.
Mississippi Divorce Spousal Support
When a Mississippi court orders spousal support, it will order an amount, if any, that is fair to both spouses. Some of the factors the court generally considers include:
- The parties’ income, expenses, and obligations
- The parties’ health and ages
- The custodial award
- The standard of living during the marriage
- The tax implications of such an award
- Any marital misconduct or fault
- Either parties’ dissipation of assets
Lump Sum Alimony
Determined at the discretion of the court.
Permanent Alimony
Determined at the discretion of the court
Temporary Spousal Support
Determined at the discretion of the court
Rehabilitative Alimony
Determined at the discretion of the court
Military Divorce in Mississippi
Spouses in the military are protected by Mississippi law in several ways:
- Divorce papers must be service to the recipient personally
- If those papers cannot be served personally, the serviceperson cannot be charged with default for failing to respond to a divorce action
- Proceedings may be postponed throughout the party’s service and up to 60 days after
- Direct payment of retirement pay is provided to spouses married 10 years or longer
- Child support is not to exceed 60% of serviceperson’s pay and allowances
Help From A Mississippi Divorce Lawyer?
There are several options for obtaining a no-fault or uncontested divorce in Mississippi. However, if there are elements of the divorce that are being contested, it is important to have adequate representation in order to ensure that all of the legal steps are followed correctly and that their case is being negotiated or presented to the court effectively.