Mississippi is the sixth highest state with divorce rate of 5.4% per 1,000 of the total population. In Mississippi State there are both no-fault and fault divorce grounds on the basis of which the family court has the authority to grant divorce. The court shall further the process of divorce if the grounds as stated by law for divorce are satisfied with substantiate evidence.
In Mississippi, like other states, the tough grounds for annulment make it not a much sorted way of bailing out. Divorce is a preferred option. The frequency of annulment cases is very low. There is a prolonged time constraint as well.
Professional divorce lawyers are always available to determine the best course of action to take.
Divorce Grounds in Mississippi
Marriage is considered to be the bond on which both the parties agree to certain spousal rights and duties. If one or both of the parties are unable to maintain this balance the marriage fails and thus culminates in divorce.
Mississippi state law encourages divorce in several ways if the bond couldn’t persist. In Mississippi both no fault and fault divorce exists.
No-Fault Divorce Grounds in Mississippi:
There is only one no-fault divorce ground in Mississippi:
It is the only no-fault divorce ground in Mississippi, under which divorce courts award a divorce. Irreconcilable differences means that for both the parties there arose certain differences on the basis of which they can’t stay together and the only option to overcome this misery is divorce.
Fault Divorce Grounds in Mississippi:
The fault divorce grounds in Mississippi are as under:
Willful Desertion for At Least One Year:
Willful desertion for a year is a spouse’s clear response to the other that there seems no reason to reunite. In Mississippi desertion can occur under the same roof provided that the deserter intends to end the relationship. Under this divorce ground in Mississippi, the waiting period is of 60 days. This time period is given by the divorce court, so that the spouses resolve their issues if they can.
Divorce on this ground in Mississippi is awarded by the divorce court only if proved against the accountable spouse the collusive involvement in any sort of sexual intercourse with a third party. After the blame is approved, divorce can be given or obtained.
Spouse’s being sent to a penitentiary is also one of the fault divorce grounds in Mississippi.
Alcohol or Drugs Abuse
Habitual drunkenness or excessive drug use are grounds for divorce in Mississippi, because of the impact they leave on the marital relationship. This ground requires clear and convincing evidence that the offending spouse is a habitual drunkard or drug user and such conduct has put a negative impact on the relationship.
Insanity for up to Three Years:
If a spouse is found with idiocy or madness or a mental breakdown which is declared incurable by a certified surgeon, then you can file a case in the court for a divorce decree. In Mississippi for filing a case under this divorce ground, you must prove that this condition existed before the case was filed.
Wife Pregnancy by Another Man:
Divorce can be given to the wife if found pregnant by another person. Under this divorce ground in Mississippi, the court announces divorce if the innocent spouse has not have known of the condition prior to the marriage.
Natural impotency is seldom a ground for divorce in Mississippi. This is a pre-existing condition that is a ground for divorce in Mississippi.
Cruel and Inhuman Treatment:
It is one of the most common fault divorce ground in Mississippi. Its conduct endangers life, health, or creates worry of such danger. To divorce on this ground, the spouse must prove that the opponent spouse treated cruelly and was physical in nature.
Spouse Lacking Mental Capacity to Consent to Divorce:
Insanity or idiocy is divorce ground rarely found in Mississippi. This is also a pre-existing condition that is a ground for divorce in the state.
Contact a professional divorce attorney or divorce lawyer for detailed information regarding divorce grounds in Mississippi.
Mississippi Divorce Laws
Mississippi has following divorce laws:
As per Mississippi divorce laws, it is important to have awareness of the residency requirements before filing for divorce. In order to file for divorce either you or your spouse must have been a resident for at least 6 months. The process of dissolution must be carried out in the state where either of the spouses resides.
Documents Required for Filing Divorce
The essential documents needed to start and finalize a divorce according to Mississippidivorce laws are:
- Bill of Complaint for Divorce
- Decree of Divorce
Distribution of Property
According to the Mississippi divorce laws, it is a “title” state. This means that if the spouses have title to specific pieces of property in their own name, they are permitted to have a hold of their property after the dissolution. State laws also provide for the “equitable” distribution of the marital property of the marriage at the time of the final divorce between the parties for property that is not titled individually.
Change of Name or Restoration of name
After the proper dissolution in Mississippi, each spouse can claim for a name change.
After a motion for divorce is filed a judge may determine that there is a chance of reconciliation and may order mandatory mediation for the spouses. Also one of the spouses may tell the court they think, things can be worked out and may ask the court to have a hearing to see if the marriage is truly irretrievable. If one of the parties disagrees with the filing or the court concludes that there is a chance for the marriage to be repaired and there are minor children, the court may delay the proceedings for 30-60 days to make an attempt at reconciliation.
Alimony is in the process of great change because of certain variations in law and society. Under recent changes in the divorce laws, the court doesn’t see the fault of a spouse in causing a divorce, but considers the cause of separation, upon which alimony is awarded. Spousal support is not awarded to punish a guilty spouse but rather to lessen the financial impact of divorce on the other spouse.
Child custody is the most essential issue in most divorces. The divorce courts in Mississippi State grants child custody in the best interests of the child. The reason of awarding Custody is not as a reward or as punishment but rather to the one most adaptable to the task of caring of the child. The court will normally set visitation rights if the parents cannot voluntarily agree.
According to Mississippi divorce laws, the party not having custody will be called upon to contribute to the support of the minor child. Both the father and the mother, or both will have the obligation. The court may use the state Child Support Guidelines for determining child support amount, but can deviate from these guidelines in right circumstances.
Contact a professional divorce attorney or divorce lawyer for comprehensive divorce laws information of your state.
Mississippi Annulment Laws
In annulment, a marriage is declared null and void. Every state has its own annulment grounds. To get an annulment in Mississippi, you have to prove one of the following annulment grounds set by the Mississippi annulment laws:
Fraud and Duress
If you have been cheated, threatened or forced into a marriage, you can obtain an annulment according to Mississippi annulment laws.
Mental illness is a valid annulment ground according to Mississippi annulment laws. If your spouse has permanent or temporary mental illness and your married life has been affected because of it, you can obtain annulment.
Impotency in a spouse is a legal annulment ground in Mississippi. You can file for annulment if your spouse is impotent.
The term consanguinity refers to blood relations. According to Mississippi annulment laws, consanguinity is marital relations between close relatives like, father/daughter, mother/son, sister/brother, uncle/niece or aunt/nephew. It is a lawful ground for annulment.
Existence of a Prior Marriage
Mississippi annulment laws state that you are entitled to annulment if your spouse was already married with someone else at the time of marriage. To get into marital contract in US, one has to be single.
Under Influence of Alcohol
If your spouse is a habitual drinker, you can get annulment under Mississippi annulment laws.
Mississippi Divorce Laws-Frequently Asked Questions
- How much time it takes in getting a divorce in Mississippi?
There is no fixed time period that a Mississippi divorce takes. On average it takes about 6 months after filing the case for divorce.
- Can we both hire the same divorce attorney?
No, you and your spouse cannot hire the same divorce attorney at all. Because it is almost impossible for a divorce lawyer to represent both plaintiff and defendant at the same time.
- What should I do to get the custody of my child?
You can’t do anything, the court will decide whether you are eligible for getting the custody of your child or not. The first and the most important thing which the court considers is the interest of a child and for that you should be a great father or mother.
- Do I really need to appoint a divorce lawyer?
No, you have the right to represent yourself, if you think you can or if you are not financially stable enough to hire a divorce lawyer. But it is advised to hire the services of a professional divorce lawyer.
- Is Mississippi a no-fault state?
Yes, Mississippi is a no-fault state. One of the divorce grounds in Mississippi is “irreconcilable differences” which comes under no-fault divorce grounds.
- Is it necessary for me to go to the court to get a divorce in Mississippi?
Yes and No, both the answers are right for this question. If you and you spouse are able to solve all divorce related issue on your own, then there is no need to appear in the court. Otherwise, one of you will be required to be present at the court on each hearing.
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