How do I get a divorce in Mississippi?

To file for divorce in Mississippi, you must be a resident of the state for at least six months. An irreconcilable differences divorce requires a 60-day waiting period, assuming the spouses resolve all issues within that time and the court has approved the property settlement agreement.

How much does it cost to file for a divorce in Mississippi?

Court costs will vary, depending on the county in which you file your divorce complaint. The cost of filing the forms for divorce is around $52. There may be additional costs for serving (delivering) copies of the divorce complaint to your spouse ($25 usually covers the formal delivery of divorce papers).

How long does it take to get a divorce in Mississippi?

How long does a divorce take in Mississippi? Once the divorce paperwork has been filed in court, it usually takes 30 to 90 days for a divorce to be final. The start to finish time of the divorce may vary depending on the caseload of the court and the availability of judges to sign the final Decree of Divorce.

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How do I file for divorce in Mississippi without a lawyer?

The most simple procedure is an uncontested divorce using the no-fault grounds. You and your spouse will either need to have a written agreement on property division, alimony, and child custody and support (if applicable); or sign a consent to allow the court to decide these matters.

How do I file for divorce in Mississippi?

The basic steps for filing uncontested Mississippi divorce are as follows:

  1. Sign the Joint Complaint for Divorce.
  2. File the Joint Complaint and related documents with the Clerk of the Chancery Court.
  3. The Chancellor or Judge completes your divorce by signing your Final Judgment.

Can you date while separated in Mississippi?

It is commonly asked by clients, “Can I date others?” The short answer is NO. In Mississippi divorce there is no such thing as “legal separation.” You are married until you are divorced. That means either party could get “fault grounds” against the other at any time prior to the divorce being granted.

What is the cheapest way of getting a divorce?

By filing a no-fault, uncontested divorce with an agreement an attorney has reviewed—especially in a state with a short residency period—you can get a quick divorce. The benefits of a quick divorce are that it saves money on legal fees and it saves a lot of stress.

Can text messages be used in court to prove adultery?

Texts that you once thought were private can now be used, and many courts are starting to subpoena text messages to see what is inside of them. … Yes, text messaging is now part of the modern world, but it can easily be used against you to prove that you were committing adultery, or that you have anger issues.

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Is Mississippi A 50 50 state in divorce?

Thus, when it comes to property division, Mississippi is not a “community-property” state whereby all of the divorcing spouses’ assets, regardless of whether they were acquired during the marriage or not, are divided equally (50/50) upon divorce. … Instead, Mississippi is what is called an “equitable distribution” state.

How long after a divorce can you remarry in Mississippi?

You can remarry at any point after the final decree of divorce has be entered (ie, filed with the clerk), however, if you wanted to be extra careful or suspect your ex-spouse may appeal, you should wait an additional 30 days and ensure no appeal…

How much is an uncontested divorce in Mississippi?

A Mississippi Divorce is Not Free

In Harrison County, the base filing fee for an uncontested divorce is $113.00 as of the date of this writing. A contested divorce is $153.00. There are of course other fees that are owed in the form of court costs that are incurred in every divorce.

How long do you have to be married in Mississippi to get alimony?

For example, in Maine, Mississippi, and Tennessee, judges will only award alimony in marriages lasting longer than 10 years. In these states, alimony payments can’t last longer than half the length of the marriage unless there are extenuating circumstances, like a physical or mental disability.

Can you file for divorce online in Mississippi?

The first form to complete when filing for divorce is the “Complaint for Divorce.” The spouse filing for divorce is referred to as the “plaintiff,” and the other spouse is the “defendant.” Mississippi courts do not publish divorce forms online, but your local court clerk may have divorce forms specific for your county.

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Can you get a divorce without your spouse’s consent?

You Do Not Need Your Spouse’s Consent to Obtain a Divorce

You have the right to file for divorce in a court that has jurisdiction over your marriage, serve your spouse with the divorce papers, and seek a divorce with or without their permission or participation.

Who gets the house in a divorce in Mississippi?

Mississippi courts presume that all property a couple accumulates during marriage is marital property. Property one spouse brings into the marriage or acquires by gift or inheritance is that spouse’s separate property, provided the claiming spouse can demonstrate ownership with financial records or other documents.

How do I get a divorce if my husband refuses in Mississippi?

Spouses trying to get a divorce on no-fault grounds need to agree to divorce on the basis of irreconcilable differences. In Mississippi, if one of the spouses refuses to divorce on that basis, the spouse seeking a divorce must prove one of the fault grounds.

After Divorce