Going through a divorce can be tough, emotionally and financially. Unfortunately, it’s not an easy process where you just sign paperwork and call it quits. When it comes to divorce, each state has its own set of procedures and divorce laws. For individuals in Mississippi seeking a divorce, there are a few things you should be aware of. Keep reading as we dive deeper into detail on how to get a divorce in the state of Mississippi.
Residency Requirements
In Mississippi, at least one spouse must be a resident of the state before they can file for divorce. If you are seeking a no-fault divorce, you can do it in a county where either party resides. However, if you are seeking a divorce with fault grounds it must be done where the plaintiff (the spouse seeking the divorce) resides if the defendant lives out of state or cannot be located.
Separation
In some states it is required that a couple be legally separated for a certain amount of time before filing for divorce. For residents of Mississippi, legal separation is not required to get a divorce.
Costs of Divorce
There are two types of costs that you should be aware of when getting a divorce. These are court costs and legal fees. Your court costs will vary depending on which county you file for divorce in. Usually the cost is around $52. Legal fees include your attorney and any other experts you may need to hire during the divorce process.
Grounds for Divorce
When filing for a divorce in Mississippi you must identify the grounds for divorce, also known as the reason for the divorce. There must be a reason for the divorce, but it doesn’t mean that one spouse was at fault or did anything to end your marriage. The state of Mississippi recognizes “no-fault” grounds so a marriage can be ended by claiming “irreconcilable differences.”
How to get a Divorce in Mississippi
To start the process, you’ll need to file a Bill of Complaint for Divorce with the Clerk of the County Chancery Court. This document will provide information on who the couple is, what their assets are, what the filing spouse would like out of the divorce, as well as other information regarding your marriage. Once these papers are filled out they must be served to the other spouse.
Once your spouse receives the paperwork, how easily the process goes is dependent on them. If they do not content the judgment then it should be a pretty smooth sailing process. However, if they disagree about the terms for divorce then 60 days have to pass before the case will be heard in court. Once the divorce case goes to court, the judge will determine the most fair way to divide any property, debt, child custody and any other items.
Mestayer Law Firm provides civil litigation for clients throughout the Gulf Coast area including Pascagoula, Biloxi, and Gulfport. If you are making future plans for your estate, then contact us today and let us help take care of every detail of your finances. Call us today at 228-762-1193 or visit www.pascagoulalaw.com. We are your legal experts! You can also visit our office located at 2128 Ingalls Ave. in Pascagoula, Mississippi. We look forward to talking with you!
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This article does not create an attorney-client relationship. I am licensed to practice law in Mississippi and have based the information presented on US laws. This article is legal information and is for entertainment and informational purposes only and should not be seen as legal advice. You should consult with an attorney before you rely on this information. Any information provided in this blog is accurate and true to the best of my knowledge, but that there may be omissions, errors or mistakes.