When you decide that your marriage has come to an end, you will start preparing for divorce. But what should you do first to file for divorce in Mississippi? Knowing what steps to take to get divorced can help make the legal process less stressful.
Understanding Mississippi Divorce Laws
Mississippi allows for both no-fault and fault-based divorces. A no-fault divorce allows spouses to agree to divorce when they have irreconcilable differences that cause an irretrievable breakdown of the marriage. A fault-based divorce allows one spouse to file for divorce by alleging that the other spouse caused the breakdown of the marriage. Mississippi law recognizes several grounds for a fault-based divorce, including:
- Desertion (for at least one year)
- Natural impotency, insanity, mental defects, or pregnancy by another male at the time of the marriage (which the other spouse must not known of before entering the marriage)
- Adultery
- Incarceration
- Incurable insanity that develops during the marriage
- Habitual drunkenness
- Habitual and excessive drug use
- Habitual cruel and inhumane treatment that threatens the other spouse’s safety or causes them to fear for their safety
- Bigamy
- Incest
A spouse or couple may file for divorce in Mississippi if one spouse has resided in the state for at least six months before the divorce filing. Furthermore, a couple filing for a no-fault divorce must observe a 60-day waiting period after filing for divorce before the trial court can enter a divorce judgment. A fault-based divorce has no official waiting period, as the court must hold a trial for the spouse who files for divorce to prove grounds for the divorce. The defendant spouse has the right to at least 30 days’ notice before the trial.
Deciding the Grounds for Divorce
The first step in getting divorced in Mississippi involves deciding the grounds for divorce. When spouses agree to get divorced, they may file for a no-fault divorce, telling the court that their irreconcilable differences have caused the breakdown of their marriage. However, one spouse may file for a fault-based divorce if their spouse committed one of the fault-based grounds for divorce, such as adultery, desertion, or habitual cruel and inhumane treatment.
Filing a Divorce Complaint
The first official step in a divorce case is filing the divorce complaint. The spouse who files the complaint becomes the plaintiff, while the other spouse becomes the defendant, even if both spouses agree to divorce. A divorce complaint must contain several sections, including:
- The grounds for divorce (i.e., irreconcilable differences or one of the fault-based grounds)
- The qualifying residency of one or both spouses
- Whether the couple has children
- Requests for property division or spousal support
Upon receiving the complaint, the court may screen the complaint to determine whether it has jurisdiction over the case and whether the court represents the proper venue.
The Importance of Legal Representation
You can best protect your interests in a divorce case by hiring a seasoned family law attorney to advocate for you. Having a lawyer to represent you in your divorce can benefit you by:
- Determining the appropriate grounds for divorce
- Confirming jurisdiction and venue for your divorce in Mississippi courts
- Gathering evidence to establish grounds for divorce or to support your claims for property division, spouse support, or child custody/support
- Vigorously negotiating on your behalf for a favorable divorce settlement
- Advocating for your interests in court and at trial, if necessary
Contact a Divorce Attorney Today
Before you file for divorce in Mississippi, talk to a knowledgeable divorce attorney about what to expect in a divorce case. Contact Gregory D. Keenum, P.A., today for a confidential consultation to learn more about the divorce process.