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.

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What are the grounds for divorce recognized in Mississippi?

Irreconcilable Differences
Desertion for one year
Bigamy
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A trial
Sharing of information under oath
Filing a complaint
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Keywords:

Mississippi, Divorce, Grounds for Divorce, Complaint, Service, Discovery, Mediation, Trial.