Is alimony an option in a Mississippi divorce under PAA, and if so, how is it calculated?
How to Divorce in Mississippi
Divorce is a tough decision, but if you are considering it, then it is crucial that you educate yourself about the divorce laws, and procedures in Mississippi. Divorce in Mississippi is slightly different from other states. Mississippi is one of the few states where fault grounds are required for a divorce. In this article, we will go through the steps of how to divorce in Mississippi.
Grounds for Divorce
Grounds for divorce are reasons recognized by the law that allow you to file for divorce in Mississippi. The state requires that couples have a lawful ground before seeking divorce. The state recognizes two types of grounds for divorce: Fault-based Grounds and No-fault Grounds.
Fault-Based Grounds
Fault-based grounds are when one spouse has done something wrong or unacceptable leading to the end of the marriage.
- Desertion for a period of one year
- Adultery
- Bigamy
No-Fault Grounds
No-fault grounds are when neither spouse is at fault for the end of the marriage.
- Irreconcilable Differences
- Living Separate and Apart for 180 days (if there are no minor children)
- Living Separate and Apart for one year (if there are minor children)
Step by Step Guide to Divorce in Mississippi
File a Complaint
The first step is to file a Complaint or a Petition for Divorce with your local Chancery Clerk’s office. Your lawyer will help you draft a complaint, which includes your grounds for divorce and other information.
Service
After the Complaint is filed, the Defendant must be served with a copy of the lawsuit. The Defendant has 30 days to answer the Complaint. If he or she does not respond within 30 days, the Plaintiff can ask for a Default Judgment.
Discovery
After the complaint has been filed and served, both parties must provide the other party with necessary information under oath. This is called Discovery. This process usually ends in the exchange of financial information and negotiating a settlement if possible.
Mediation
If both parties are unable to come up with an agreement through discovery, then mediation is suggested. Mediation is a process where both parties work with a mediator to resolve their disputes outside of court.
Trial
If mediation is unsuccessful, then the next step is a trial, where the Judge will make the final decision about the outstanding issues regarding the separation of assets, custody of children, and so on.
Conclusion
Divorce is a stressful process for everyone involved. Therefore, it is essential that you work with an experienced attorney to guide you through the process. Remember, divorce can be an opportunity for a fresh start, so make sure that you focus on your future and plan for it.
Poll:
Have you ever gone through a divorce?
Yes
No
Quiz:
Question 1:
What are the grounds for divorce recognized in Mississippi?
Irreconcilable Differences
Desertion for one year
Bigamy
All of the above
Question 2:
What is Discovery in a divorce?
A trial
Sharing of information under oath
Filing a complaint
None of the above
Survey:
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Keywords:
Mississippi, Divorce, Grounds for Divorce, Complaint, Service, Discovery, Mediation, Trial.
Divorcing in Mississippi is a process that begins in the circuit courts of the Mississippi state government. In order to obtain a divorce in Mississippi, there are specific laws that must be followed. Here is a brief overview of the process for filing for divorce in Mississippi.
Step 1: Residency
In Mississippi, at least one of the spouses must have lived in the state for at least six months prior to filing for divorce.
Step 2: Grounds for Divorce
In Mississippi the only accepted grounds for divorce are adultery, habitual cruel and inhuman treatment, or irreconcilable differences.
Step 3: Complaint for Divorce
The spouse filing for divorce must fill out and file a Complaint for Divorce with the Circuit Court in the county in which either spouse resides. The Complaint for Divorce must include the name of each spouse, the required grounds for divorce, and other relevant requests for divorce such as child custody, support, or division of property.
Step 4: Service of Process
Once the Complaint for Divorce is filed with the Circuit Court, the Complaint must be served to the other spouse. Service of process must be accomplished by a sheriff, constable, or other authorized individual. The spouse served must then file an Answer to the Complaint for Divorce with the Circuit Court.
Step 5: Mediation
The court can order mediation for the spouses, but it is not a requirement for obtaining a divorce in Mississippi. Mediation is a process by which the spouses work with a neutral party to come to an agreement regarding any unresolved issues, such as child custody, child support, and division of property.
Step 6: Finalizing the Divorce
After all issues have been resolved or after the court approves the agreement reached by the spouses, the court will issue a Final Decree of Divorce. This document will become a permanent legal record of the divorce in Mississippi.
In conclusion, divorcing in Mississippi is a process that must be done in accordance with the laws of the state. It is important for those seeking a divorce to understand the requirements and procedures associated with obtaining a divorce in Mississippi.