Divorce papers in Mississippi — filing for divorce in MS

Online divorce in Mississippi

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How to get divorce in Mississippi

The information below will help the interested person understands more about the divorce in Mississippi.

The common steps of how to get divorce in Mississippi:

1

If the interested person decides that he or she want to file a divorce in Mississippi, the first requirement is that the marriage is recognized by the law of the state.

2

Residence requirements must be fulfilled by at least one of the spouses.

3

The interested person must have the reasons provided by the state, on the basis of which he or she wants to apply for a divorce in Mississippi.

4

If there are common children or common property in marriage, the interested person and the spouse must come into agreement about the custody and decide how he or she will divide the property. All questions regarding the alimony to one of the spouses after the divorce must be resolved.

5

The interested person has to fill out Mississippi divorce papers.

6

As soon as the interested person fils theMississippi divorce papers to the court, he or she will need to serve the spouse with the divorce documents and wait for some time until the court issues a decision regarding the divorce.

Residency:

If the interested person wants to get a divorce in Mississippi he or she must meet the residency requirements, which means that at least one of the spouses has to live in the state for 6 months before filing the documents. At the same time it doesn't matter in which state the marriage was registered.

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Valid grounds to get divorce in Mississippi

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In Mississippi can file for fault or no-fault divorce. In case of no-fault divorce the interested person do not need to prove that his or her spouse has committed any serious mistake in marriage, the interested person only certifies the court that the interested person do not voluntarily live with his or her spouse for more than a year and the marriage is considered as irretrievably broken.

If the client want to formalize a divorce based on fault circumstances, the interested person will need to prove in court one of the following reasons:

#1

Impotence of one of the spouses;

#2

Facts of domestic violence in the family;

#3

One of the spouses left the second for more than 1 year;

#4

Adultery;

#5

A serious mental illness of one of the spouses;

#6

One of the spouses has as alcohol or drugs dependence;

#7

Imprisonment. If one of the spouses is in custody at the Mississippi Department of Corrections;

#8

Willful desertion of one of the spouses for at least one year;

#9

During marriage the wife became pregnant from another man;

#10

Incest. Spouses are blood relatives;

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Annulment of the marriage in Mississippi

The annulment is applied in rare cases and implies that the marriage never existed from a legal point of view. This means that in order to obtain an annulment the marriage should have been concluded with violations of the rules of Mississippi. To obtain legal cancellation one of the following reasons must be fulfilled:

  • Incest. Marriage is considered invalid if it is concluded between close relatives, for example, between the parent and the child (or the adopted child), the grandparent and the grandchild, the brother and the sister and so on. Children which are born in such a marriage will be considered as illegal.
  • Bigamy. If one of the spouses already has a legal marriage that was not terminated at the time of the registration of current marriage. Children which were born in such a marriage will be considered as legitimate.
  • If one of the spouses is terminally ill with impotence. The grounds for annulment of marriage for this reason must be provided within 6 months from the time the problem was discovered. If more time passes, then the marriage automatically is considered as valid and instead of annulling it is necessary to file a divorce in Mississippi.
  • If at the time of marriage at least one of the spouses did not reach the age permitted by the rules of the state of Mississippi for getting marriage and the couple did not have permission from the court or parents to marry. However, if the couple lives together after marriage, then the marriage is automatically considered as valid.
  • If, at the time of marriage, one of the spouses was mentally ill and did not have the opportunity to independently consent to the marriage, then such marriage is considered as invalid and subjected to annulment. Please note that the application for annulment must be submitted no later than 6 months after the marriage is registered. The application can be submitted by a mentally ill spouse, as well as by his or her close relative or friend.
  • When one of the spouses forced the second spouse to marry in a fraudulent way. For example, the situation in which a wife became pregnant before marriage from another man, and was declaring that this is a child from her husband and obliges him to marry. This type of marriage is considered void. However, an application for an annulment must be submitted no later than 6 months after the truth of the circumstances of the marriage is clarified. If more than 6 months have elapsed since the receipt of the information about the cheating, and the application for annulment is still not submitted, then the marriage is automatically considered as valid.
  • If after the marriage the couple did not live together.
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Custody of the child in Mississippi

Custody of the child

The courts of Mississippi make decisions based on what is best for the child. So both parents can be custodians, which leads to the fact that they equally spend time with the child after the divorce in Mississippi and equally participate in solving important issues of the life of their child.

However, if a child has preferences for a particular parent and the child is able to make decisions himself, then the court will take this into account. Nevertheless, the court will still make a fair decision, based on an analysis of a number of factors regarding the life of the child during the marriage of the parents.

Rules for child support in Mississippi

If the couple decided to get a divorce in Mississippi, the spouses need to decide on financial support for their underage children. If the spouses can not come to a common solution that satisfies all parties, then the court will decide independently. Support for children in the state of Mississippi is regulated by a model called "income shares". This model operates in many states and is designed to accurately determine the cost of maintaining the child after the parents' divorce, to enable the child to live in the same conditions under which he lived while the parents were together.

Below are a number of factors that can significantly affect the amount of support:

  • Incomes of parents;
  • The amount required to meet the basic needs of the child;
  • The presence of any other minor children in the care of their parents;
  • Expenses of parents.
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Rules for spousal support in Mississippi

Rules for spousal support

If during the marriage one of the spouses was completely financially dependent on the partner, then after the divorce, courts of Mississippi oblige the second spouse to pay financial support. The amount of support will depend on the needs of the needy spouse and the financial capabilities of the spouse who is required to pay.

Property division in Mississippi

Property division

The interested person have to divide the property that was jointly acquired in marriage. If there are disputes between spouses regarding the property that the interested person is not able to solve on his or her own, then the court will make an independent decision based on state law.

The Mississippi state is a "Title Property". This means that everything in the marriage that was registered on a spouse after the divorce will still be his or her property. However, in recent years, the courts believe that the "Title Property" method is unfair. The decision regarding the owner of the property after getting the can depend on the analysis of such factors as: the value of the property, the contribution of each spouse to the acquisition of this property, the tax consequences when registering this property, the financial situation of each partner.

Divorce without a lawyer in Mississippi

It is possible toe get the divorce without the services of a lawyer in Mississippi. Cases when a divorce is made without the participation of a lawyer are called Pro Se Divorce, it is a Latin expression that translates as "on her or his own". Depending on which county the interested person lives, the process of divorce in the state of Mississippi can vary.

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Mediation support in Mississippi

There is no service of mediation required in the cases of divorce in the state of Mississippi. There are no legal provisions for it. However, if the interested persons want to settle some of the controversial issues of the marriage, he or she can make ask for a service of a third party that will help him or her resolve the differences.

Divorce forms in Mississippi

Such divorce form documents as "Summons", and the “Divorce Complaint” need to be filled in.

Uncontested divorce in Mississippi

Uncontested divorce in Mississippi

Uncontested divorce implies that the spouses have come into agreement on such issues as custody of the child, separation of property, financial support for the child, alimony, medical insurance of children, tax payments and any other issues that may be relevant to the marriage.

How to serve divorce papers in Mississippi

The interested person is required to notify the spouse of the commencement of the divorce proceedings and provide him with all the documents for the divorce that he filed to the court. This is called serving your case.

The spousecan do this by:

  • Ask the spouse or his attorney to fill out the form "Answer and Waiver of Service"; 
  • Ask the sheriff to provide documents to the spouse; 
  • Use a private process server serve the spouse; 
  • Using "constructive service" - in a printed form to notify the spouse by posting a message in the newspaper for 30 days.

If the interested person do not know the location of the spouse, then he or she should publish a message about initiating a divorce in a local newspaper, this will be considered by the court as sufficient evidence that the interested person serve his or her spouse.

Thee interested person can hire a process server, who can be anyone over 18 who is not a party to the divorce process. Once the server has delivered the complaint to the spouse, he or she must then return to the court clerk and make a note in the court docket that the spouse has been served.

If the interested person and spouse are in agreement on all terms of the divorce in Mississippi, the court will finalize the divorce case.

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Filing fees for divorce in Mississippi

Total fees will contain sum of Mississippi court filing fees and cost of using the service of online divorce in Mississippi. This cost may vary by county. Please check with the local court officer to determine the exact amount.