Before you file for divorce, you may have to undertake specific steps to prepare for your divorce. But do you have to separate from your spouse before you file a divorce complaint in Mississippi?
Understanding Divorce in Mississippi
In Mississippi, couples may choose between no-fault and fault-based divorce. In a no-fault divorce, a spouse may file for divorce simply by alleging irreconcilable differences between themselves and their spouse and an irretrievable breakdown of the couple’s marriage. No-fault divorces usually occur when both spouses agree to get divorced.
However, one spouse may file for divorce by alleging the other spouse’s fault caused the breakdown of the marriage. Fault-based grounds for divorce in Mississippi include:
- Desertion: A spouse intentionally abandoning the marriage for at least one year without the other spouse’s consent, just cause, excuse, or intent to return to the marriage.
- Natural impotency, insanity, mental defect, or wife’s pregnancy by another person at the time of the marriage
- Adultery
- Incarceration
- Incurable insanity that develops after the marriage
- Habitual drunkenness or drug use
- Habitual cruel and inhuman treatment: Conduct that endangers a spouse’s life or health or causes them to fear a threat to their life or safety
- Bigamy
- Incest
Do You Need to Separate to File for Divorce in Mississippi?
Before filing for divorce, spouses may separate, with one spouse moving out of the marital home. A couple may also separate while still living under the same roof, with the couple ceasing to act as married spouses toward one another. However, Mississippi does not require spouses to observe a separation period before they can file for divorce. Instead, couples pursuing a no-fault divorce must observe a 60-day waiting period before the court can issue a final divorce judgment. Thus, a couple who negotiates a divorce settlement agreement before filing for divorce must wait 60 days before the court can issue a final judgment divorcing the couple.
Fault-based divorces have no waiting period. However, the court must schedule a trial for the spouse who filed for divorce to prove the alleged fault-based grounds for divorce. The spouse accused of causing the marriage’s breakdown must receive at least 30 days’ notice of the trial.
Exceptions and Special Circumstances
Separation can play a factor in divorce cases under certain circumstances. For example, a spouse who files for divorce based on desertion must prove that the couple has separated for at least one year due to the other spouse’s abandonment of the marriage. Furthermore, a lack of separation during the 60-day waiting period in a no-fault divorce may lead a trial court to find that the parties have reconciled, which may delay the divorce proceedings for the parties to prove they have not reconciled or result in the cancellation of the divorce case.
How Legal Advice Can Help
After separating from your spouse in contemplation of a divorce, an experienced family law attorney can help you understand your rights and options and make informed decisions about how to proceed by:
- Explaining the nuances of Mississippi divorce laws
- Determining whether you should file for no-fault or fault-based divorce
- Thoroughly investigating your case to obtain evidence for a fault-based divorce
- Helping you negotiate settlements for outstanding issues in your divorce, such as property division, alimony, or child custody/support
Contact a Divorce Attorney Today
When you decide to file for divorce in Mississippi, you may have a waiting period for a divorce judgment, but you do not have to separate before filing for divorce. However, a knowledgeable divorce attorney from Gregory D. Keenum, P.A., can walk you through the legal requirements you must meet before filing a divorce complaint. Contact our firm today for a confidential consultation to learn more about separation requirements for filing for divorce in Mississippi.