Divorce papers in Mississippi — filing for divorce in MS

Online divorce in Mississippi

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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. 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 on you. We help prepare all of the necessary divorce forms and provide detailed written instructions on how to file your divorce in Mississippi.

Our divorce documents preparation service can be a perfect solution for those who want to have their divorce papers completed quickly and stress-free. 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 if you hope to have your divorce quickly finalized so you can get on with your life. Preparing documents for divorce online in Mississippi is quickly becoming very popular because you can complete the documents in the comfort of your home. 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.

Finally, you don’t have to worry - our process 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, you will need to get a signature from your spouse and you can file the divorce forms with your local court. In Mississippi, you will typically file with the courthouse in the county in which you currently reside. If a petitioner is not currently a resident, but a defendant is, divorce is typically filed in the county where the defendant resides.

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 within the state they are divorcing. Mississippi is no exception.

At least one of the spouses 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 his or her 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.

3

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

4

The county where the defendant resides if he or she is a resident of Mississippi;

5

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

6

The county where the spouses last lived prior to sepa­rating, if the defendant is still a resident of Mississippi. [Mississippi Code Annotated; Section 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 in-date Mississippi driver’s license, ID card or voter’s registration card which was issued at least six months before filing for divorce. 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, and it should serve as proof you’ve lived in the state 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 option. Understand that the fault-based reasons may require proof and could make for a more complex case.

No-fault reasons for divorce in Mississippi include:

#1

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

General reasons for divorce in Mississippi include:

#1

Impotence;

#2

Adultery;

#3

Imprisonment;

#4

Alcoholism and/or drug addiction;

#5

Confinement for incurable insanity for at least three years before the divorce is filed;

#6

Wife is pregnant by another at the time of marriage without husband’s knowledge;

#7

Willful desertion for at least one year;

#8

Cruel and inhu­man treatment;

#9

Spouse lacked mental capacity to consent [including temporary incapacity resulting from drug or alcohol use]; and

#10

Incest.

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

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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 best interests of the child. There are not 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 the award 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 whom he or she would like to live with. If child abuse is alleged, the court will order an investigation by the Mississippi Department of Public Welfare. [Mississippi Code Annotated; Section 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; Section 93, Chapters 5-23 and 11-65 and Section 99, Chapter 19-101].

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 marriage after the divorce. Assistance may be decided upon by the couple together before filing or may be 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. The alimony would be awarded only if a spouse shows a need and the supporting spouse would be 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; Sections 552.13, 552.23, and 552.452].

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 members of the couple agrees without being coerced or manipulated in any way.

On the other hand, the court can become involved in a case where a decision is not met independently. If this is the case, there are specific rules that 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 title. There are not provisions in Mississippi for considerations regarding property division. However, Mississippi has adopted the “equitable division” systems 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].

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Contested Divorce
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Offline and inconvenient process with attorney representation for each spouse. Costly attorney fees resulting in unpredictable expenditures. Overall lenghty and expensive way to go.
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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
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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.
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Mediation support in Mississippi

There is not a legal provision for court-mandated mediation in Mississippi. This 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. This 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 the process of filling them out to simplify matters and avoid any difficulties which may occur with filling out paperwork alone. By utilizing OnlineDivorce.com, you can simplify the process of preparing divorce documents and help both parties to 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?

The use of the OnlineDivorce.com service usually takes between 30 minutes and two hours or more depending on the complexity of your case. You’ll start filling out the questionnaire immediately and can either complete it in one sitting, or you can save your progress and complete it at a later date if that is more convenient for you.

Once you’ve gotten the documents complete, you will need to file them and get your spouse’s signature. You’ll have more information regarding the finalization of your divorce case once you complete your paperwork and submit it with the clerk of courts.

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

  • We provide the full divorce packet that is required by a 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, some local forms specific to a filing county can vary in color, paper material, size and / or scanning bar code so they may need to be obtained from the county clerk's office directly.
  • We complete the necessary forms for clients based on the answers they give in a simple guided online interview - clients do not need to read through the legal jargon and try to figure out how to fill out those forms yourself.
  • We give the detailed and easy to follow step-by-step instructions for filing a divorce with the court - so a 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 time and money for our clients - if divorcing spouses are in agreement regarding the terms of their divorce, they typically don’t have to pay thousands to a lawyer to handle their divorce forms and they 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 money back - we have 19 years of experience in completing divorce forms so clients can be sure the court will accept their documents with no issues.