In Mississippi, if your spouse lives in the state, you have to file the complaint in either your spouse’s county, or the county where you lived when you and your spouse separated. If your spouse lives out of state, you must file in the county where you currently live.
How much does it cost to file for divorce in Mississippi?
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 do I file for 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 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 fast can you get a divorce in Mississippi?
Mississippi law requires divorcing couples to wait at least 60 days from the time of filing until a divorce can be granted based on irreconcilable difference. This means that your documents must be on file at the clerk’s office for at least 60 days before a judge can sign the order.
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 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.
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.
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.
What are grounds for divorce in Mississippi?
What are the grounds for divorce in Mississippi? Adultery, desertion, impotency, and habitual drug or alcohol use, among others. When filing for divorce, the spouse asking for the divorce must identify the “ground,” or reason, for the break-up of the marriage.
Do it yourself divorce papers Mississippi?
Mississippi doesn’t have a form for do-it-yourself (DIY) divorce papers, but the court clerk’s office in your county may have a form or information about what to include. You can also prepare DIY divorce papers online.
How is alimony calculated Mississippi?
Qualifying for Alimony
To determine if alimony is appropriate, the court will evaluate the following factors: both spouse’s income and expenses. each spouse’s health, ages, and earning capacities. … the presence or absence of minor children, which may require one spouse to pay child support or personally provide child …
How long do you have to be married to get alimony in Mississippi?
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 sue for adultery in Mississippi?
The Mississippi Supreme Court has said that to prove adultery, a plaintiff-spouse must show by clear and convincing evidence that the other spouse exhibited both an (1) adulterous inclination and a (2) reasonable opportunity to satisfy that inclination. Larson v. Larson, 122 So.
Can you go to jail for adultery in Mississippi?
If any man and woman shall unlawfully cohabit, whether in adultery or fornication, they shall be fined in any sum not more than five hundred dollars each, and imprisoned in the county jail not more than six months; and it shall not be necessary, to constitute the offense, that the parties shall dwell together publicly …
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.