Mississippi Uncontested 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). Uncontested Divorce
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