Is it possible to obtain a divorce in Mississippi if your spouse does not agree to the divorce?
How to get a divorce if spouse refuses in Mississippi?
If you are unhappy in a marriage, you have the right to end it. But what happens if your spouse refuses to grant you a divorce? How can you get a divorce in Mississippi if your spouse refuses?
Firstly, it is important to understand that in Mississippi, no-fault divorce is available. This means that you can get a divorce in Mississippi without blaming either party. However, if your spouse refuses to grant you a divorce, you will have to go through a contested divorce.
Contested divorce in Mississippi
In a contested divorce, you will have to prove to the court that there are grounds for divorce. In Mississippi, the grounds for divorce are:
- Adultery
- Desertion for one year
- Habitual drunkenness or drug use
- One or both parties are mentally ill and have been institutionalized for at least three years
- Irreconcilable differences that caused the breakdown of the marriage and the parties have lived apart for at least six months
If you can prove any of these grounds in court, you will be granted a divorce. However, it is important to note that proving these grounds can be difficult and time-consuming. You will need to present evidence and testify in court.
Steps to get a contested divorce in Mississippi
- File a complaint for divorce in the appropriate circuit court.
- Serve your spouse with a copy of the complaint and a summons to appear in court.
- Your spouse has 30 days to respond to the complaint. If they fail to respond, you can ask for a default judgment.
- If your spouse responds, a hearing will be scheduled. This hearing will determine whether there are grounds for divorce, and if so, how the property and custody will be divided.
How long does a contested divorce take in Mississippi?
The length of a contested divorce in Mississippi depends on several factors, including the complexity of the case and how quickly you can gather evidence. However, a contested divorce typically takes between six months to two years.
Conclusion
Getting a divorce in Mississippi can be difficult, but it is not impossible. If your spouse refuses to grant you a divorce, you can get a contested divorce by proving the grounds for divorce in court. Remember to consult an experienced divorce attorney for guidance.
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Divorce is never easy, even in the best of circumstances. Having to deal with an unwilling spouse can only make the situation more difficult and confusing. If you find yourself in such a position in the state of Mississippi, here are some steps you can take to get the legal process for a divorce started.
First, you must make sure that you meet the residency requirements for a divorce in Mississippi. You or your spouse must have been a resident in the state for the past six months in order for a court to even consider the case. Additionally, the petition must be filed in the county in which the residence is located.
Once residency has been established, you can begin the process of divorce in Mississippi. You must fill out a complaint for divorce form with the chancery clerk’s office in your county. In this form, you will state that you and your spouse are not able to get along and seek permanent dissolution of marriage. When this form is completed, it must be presented to the other party.
Your spouse will then have the opportunity to contest the complaint. If they do refuse to consent to the divorce, then you may have to wait up to 60 days until the court can render a judgment on your case.
During this time, the court may require mediation and counseling sessions to ensure that both parties receive a fair resolution. If you already know that your spouse will not consent to the divorce now or in the future, you can ask the court for a divorce by default. This option is called an uncontested divorce. In this case, the other party is not required to answer the complaint or appear in court.
Finally, if the court approves your divorce, it will issue a decree of divorce. You will have to follow this to the letter in order to ensure that it is legally valid. Keep in mind that getting a divorce in Mississippi without your spouse’s consent will be much more costly and time-consuming than an uncontested divorce. However, it is not impossible, and this guide can help you get started on the path to legally dissolving your marriage.