Divorce papers in Mississippi — filing for divorce in MS
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Online divorce in Mississippi

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Disclaimer: Online Divorce is not a law firm and its services, website and forms are not a substitute for the advice of an attorney. Online Divorce provides access to computer-aided self-help services at your specific direction. Online Divorce's website and written instructions provide general information about the divorce process only; we cannot give you any specific advice, opinions or recommendations as to your selection or completion of forms or your particular legal rights, remedies or options. OnlineDivorce.com is a website that provides access to self-guided online questionnaires. Online Divorce does not sell blank forms. You may be able to download blank forms from a government website depending on your state.

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by Jamie Kurtz

Jamie Kurtz has been a practicing divorce lawyer since 2008. She received her Juris Doctorate from Southwestern Law School in Los Angeles in 2007. Ms. Kurtz was selected to Rising Stars for 2013 - 2016, 2019 - 2020, a peer designation awarded only to a select number of accomplished attorneys in each state. She also co-founded a law firm that specializes in uncontested divorce cases.

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Online Divorce in Mississippi

divorce in Mississippi

For those seeking an inexpensive divorce in the state of Mississippi, online divorce is an easy, affordable, and fast solution to prepare legal forms. Online divorce may be appropriate for couples who have an uncontested case.

The step-by-step process of preparing divorce documents at Onlinedivorce.com makes it easy for you. We help organize all the necessary divorce forms and provide detailed instructions on filing your divorce in Mississippi.

Our divorce documents preparation service can be a perfect solution for those who want to complete their divorce papers quickly and without stress.

Even though Mississippi has unique divorce forms and filing requirements, our online system can provide you with exactly what you need and provide instructions on how to file. We have helped thousands of people prepare their divorce documents for filing.

If you and your spouse agree on the terms of the divorce and want an amicable dissolution to your marriage, why should the process get drawn out, and why should you spend money on lawyers? Online divorce is often cheaper, quicker, and easier.

Online divorce can be a perfect option if you want to save money or hope to have your divorce finalized quickly to get on with your life. Preparing documents for divorce online in Mississippi is fast becoming very popular because you can complete the documents in the comfort of your home.

So even if you think your case is too complex because you have children, own your own home, or have other assets, you may still be able to prepare your documents online. Just start with our simple questionnaire, and we’ll provide you instructions for each step of the way.

The process at OnlineDivorce.com is 100% secure. We protect your information, and nothing is filed until you submit the divorce papers to the courthouse yourself. Filing for divorce in Mississippi with the Onlinedivorce.com system can be a simple solution to a difficult situation.

Filing:

When you use OnlineDivorce.com, we help you fill out your divorce paperwork using a simple online questionnaire. You can fill it out alone or with the assistance of your spouse. Then, after getting the other spouse’s signature, the divorce forms may be filed at the local court. Where to file for divorce In Mississippi depends on the divorce type.

The actual filing process is explained in our detailed court-filing instructions that we provide, along with your completed divorce forms. You can also obtain assistance from your local courthouse by calling or stopping by.

After the initial filing, you may need to follow up if there are any issues with your documents. When you use OnlineDivorce.com, we allow you to make small adjustments to your forms as requested by the court at no additional charge.

Our goal is to help you obtain your divorce with as little hassle and stress as possible using our online divorce documents preparation service.

Residency:

Every state has specific requirements where divorcing couples must establish residency before filing for divorce. Mississippi is no exception.

At least one spouse must have been a resident for a minimum of six months and not have secured residency for the sole purpose of obtaining a divorce. A member of the armed services and their spouse are considered residents if stationed in Mississippi for at least six months. A divorce on the grounds of irreconcilable differences should be filed for in:

1

The county where either spouse resides if both spouses are residents of Mississippi or

2

The county where one spouse resides if the other spouse is a non-resident of Mississippi.

1

A divorce sought on fault-based grounds should be filed for in:

1

The county where the defendant resides if they are a resident of Mississippi;

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The county where the plaintiff resides if the defendant is a non-resident of Mississippi; or

3

The county where the spouses last lived prior to separation, if the defendant is still a resident of Mississippi. [Mississippi Code Annotated; Title 93, Chapters 5-5 and 5-11]

There are many ways to prove that residency has been established. The easiest way is if one or both spouses have a valid and current Mississippi driver’s license, ID card, or voter’s registration card issued at least six months before filing for divorce.

However, if this is not the case, it may be possible to establish residency by having someone who knows you or your spouse testify that you have lived in the state for at least six months. Additionally, it may be possible to use an Affidavit of Corroborating Witness form as proof you’ve lived in the state for a minimum of six months.

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Valid grounds to get divorce in Mississippi

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Grounds for an online divorce using OnlineDivorce.com are the same as they would be for any divorce within the State of Mississippi. Grounds are merely the reason for divorce, and the state must approve them.

 

Mississippi recognizes both no-fault and fault-based (general) reasons for divorce within the state. It is important to review the options and choose the correct one. Understand that fault-based reasons may require proof and could make for a more complex case.

 

No-fault reasons for divorce in Mississippi include:

 

  • Irreconcilable differences. See also below under Simplified or Special Divorce Procedures. [Mississippi Code Annotated; Title 93, Chapters 5-1, 5-2, and 5-7]

General reasons for divorce in Mississippi include:

 

  • Impotence;
  • Adultery;
  • Imprisonment;
  • Alcoholism and/or drug addiction;
  • Confinement for incurable insanity for at least three years before the divorce is filed;
  • The wife is pregnant by another at the time of marriage without the husband’s knowledge;
  • Willful desertion for at least one year;
  • Cruel and inhu­man treatment;
  • One of the spouse's mental illness or an intellectual disability during the marriage, without the other party's knowledge;
  • Marriage to another person during the pretended marriage between sides; and
  • Incest.

In addition, an affidavit must be filed stating that there is no collusion between the spouses. [Mississippi Code Annotated; Title 93, Chapters 5-1 and 5-7]

OnlineDivorce reviews

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Livy B., Illinois

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Custody of the child in Mississippi

Custody of the child

Joint or sole child custody is awarded based on what is presumed to be in the child’s best interests. There are no specific factors in place for consideration in the statute. It is presumed that an award would not go to a parent with a history of family violence.

The court may award:

  • Joint physical and legal custody to one or both parents;
  • Physical custody to both parents and legal custody to one parent;
  • Legal custody to both parents and physical custody to one parent; or
  • Custody to a third party if the parents have abandoned the child or are unfit.

If irreconcilable differences are the grounds for divorce, joint legal custody could be awarded if both parents choose to apply for joint custody. Otherwise, either parent may apply for joint custody.

If both parents are fit for custody and the child is at least age 12, the child may decide with whom they would like to live. If child abuse is alleged, the court will order an investigation by the Mississippi Department of Public Welfare. [Mississippi Code Annotated; Title 93, Chapters 5-23, 5-24, and 11-65]

Rules for child support in Mississippi

Child support can be ordered if the court finds it to be just and equitable. If both parents have income or estates, each parent may be ordered to provide support in proportion to the relative financial ability.

A parent may need to provide health insurance coverage for a child if coverage is available at a reasonable cost through an employer or organization. [Mississippi Code Annotated; Title 93, Chapters 5-23 and 11-65]

Uncontested Mississippi divorce with children

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Rules for spousal support in Mississippi

Rules for spousal support

Alimony, also known as spousal support, is sometimes ordered by the court to help one spouse live in a manner established during the marriage after the divorce. Assistance may be decided upon by the couple before filing or awarded by the court in a contested case.

The court may award rehabilitative (short-term) or more permanent alimony to either of the spouses in either lump-sum payments or as monthly/yearly payments or both.

In the state of Mississippi, either spouse can be ordered to pay alimony. Alimony is awarded only if a spouse shows a need and the supporting spouse is able to pay. Factors for consideration specified in the statute are:

  • The ability of either spouse to pay;
  • The character and situation of the spouses; and
  • All other circumstances of the case.

All payments of spousal support shall be ordered to be made through the Mississippi Friend of the Court Bureau. When you pay directly to the court, there is less chance for arguments to break out later, and both parties are protected. [Mississippi Compiled Laws Annotated; Title 93; Chapters 5-2, 5-23]

Property division in Mississippi

Property division

When a couple chooses to divorce in Mississippi, they must split their property in a fair and agreeable manner. Property distribution can be handled independently and without involving the court in an undisputed divorce.

In doing this, the couple may make their own decisions regarding how property is distributed as long as it is fair and both spouses agree without coercion or manipulation.

On the other hand, the court can become involved in a case where a decision is not made independently. If this is the case, specific rules must be followed to assure that the spouses receive their fair share from the marital estate.

Mississippi is unique compared to most other states. It is what is called a “title” state. Each spouse retains property for which they have the title.

There are no provisions in Mississippi for considerations regarding property division. However, Mississippi has adopted the “equitable division” system of property division.

A 1994 case spelled out these factors for the equitable division of marital property:

  • A spouse’s substantial contribution to the accumulation of property;
  • The degree to which a spouse has previously expended or disposed of any marital property;
  • The market and emotional value of the property in question;
  • The value of any non-marital or separate property;
  • The tax consequences of the division of property;
  • The extent to which property division may eliminate the need for alimony or any other future friction between the parties;
  • The needs of the party, considering income, assets, and earning capacity; and
  • Any other equitable factors. [Mississippi Case Law, Ferguson v Ferguson]

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Contested Divorce

Average prices start at $2000

Offline and inconvenient process with attorney representation for each spouse. Costly attorney fees resulting in unforeseen expenditures. Lengthy and expensive option.

  • Attorney availability impacts completion time
  • Each spouse has to hire an attorney, which automatically doubles legal costs
  • Potential court battles add to the already high-stress levels
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Fully-guided, fast and affordable process. Experienced and reliable online divorce service using top-notch technology.

  • Ready-to-file divorce documents can be completed at your own pace with easy access for both spouses
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  • One flat fee (for both spouses) to access all completed documents for filing
  • Free revisions and free name change, no hidden fees
  • Detailed state-specific filing instructions
  • Review all and make changes from the comfort of your own home
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Average prices start at $300

Other websites for filling out divorce documents use flawed software technologies to complete your divorce documentation.

  • Automated document preparation
  • Processing time varies but may take more than three business days
  • On-demand customer support, quality varies
  • One flat fee claimed, however many sites have hidden fees
  • No experience: many sites started operating just a few years ago

Mediation support in Mississippi

There is not a legal provision for court-mandated mediation in Mississippi. That does not mean that it is not available, only that it is not required and may not be provided directly from the court. You may still be able to obtain it privately.

For those seeking to prepare their divorce papers using OnlineDivorce.com, utilizing divorce mediation can be a great tool to smooth out disagreements and prevent the case from going to court. It can be the simplest way to assure a fast, easy and affordable online divorce.

Divorce forms in Mississippi

Mississippi forms produced by OnlineDivorce.com are court-approved divorce forms. We have automated filling out paperwork to simplify matters and avoid any difficulties that may occur with filling out paperwork alone.

By utilizing OnlineDivorce.com, you can simplify preparing divorce documents and help both parties move forward with their lives.

Divorce in Mississippi online

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Filing fees for divorce in Mississippi

When you file your divorce papers, the court will charge filing fees that may vary by county. These costs are in addition to the cost of using OnlineDivorce.com. Please check with your local courthouse to determine the exact amount.

How long will it take?

Using the OnlineDivorce.com service usually takes between 30 minutes and two hours or more, depending on the complexity of your case. Start by filling out the questionnaire. You can do it in one sitting or save your progress and complete it at a later date. Whatever is most convenient for you.

Once you’ve received the completed documents, you will need to file them and get your spouse’s signature. You’ll receive more information regarding the finalization of the divorce case once the paperwork has been completed and submitted to the courts.

Here is how OnlineDivorce.com makes completing divorce papers easier:

  • We provide the full divorce packet required by the local court - clients do not need to drive to their local courthouse to get the blank forms or search for the right divorce forms online. In rare cases, local county forms can vary in color, paper material, size, or bar code, so they may need to be obtained directly from the county clerk's office.
  • We complete the necessary forms for clients based on their answers given in a simple guided online interview - clients do not need to understand family law or read through complicated instructions to figure out how to fill out the forms themselves.
  • We give detailed, easy to follow step-by-step instructions for filing a divorce with the court - so the client knows exactly what to do to get his/her divorce finalized.
  • We provide unlimited technical support - if a client needs assistance through the online process, he/she can always reach out to us via phone, email, or live chat, and we'll do our best to help.
  • We save our clients time and money - if divorcing spouses agree regarding the terms of their divorce, they typically don’t have to pay thousands to a lawyer to handle their divorce forms and don't need to spend hours trying to do it all by themselves.
  • We guarantee 100% court approval on divorce papers prepared through our website or your money back - we have 21 years of experience in completing divorce forms so clients can be sure the court will accept their documents without issues.