The timeline and complexity of divorce in Mississippi will largely depend on whether a couple has a contested or uncontested divorce case. A knowledgeable divorce attorney can help you understand the differences between and the consequences of contested and uncontested divorces in Mississippi.
Understanding Uncontested Divorces
An uncontested divorce, also known as a no-fault divorce in Mississippi, occurs when both spouses agree to get divorced and reach a settlement regarding all outstanding issues in their divorce, including property division, child custody/support, and alimony/spousal support. A couple may seek an uncontested divorce by alleging they have irreconcilable differences that have caused an irretrievable breakdown of the marriage. A couple may file for a no-fault divorce in Mississippi when at least one spouse has resided in the state for at least six months before the divorce filing.
To pursue an uncontested divorce, a couple must file a joint complaint with an executed marital settlement agreement attached. Mississippi law imposes a mandatory 60-day waiting period after a couple files for an uncontested divorce, during which the couple may reconcile. If a couple reconciles during the 60-day waiting period, the court can reset the 60-day clock if the couple later separates again or dismisses the divorce action.
In most cases, the court will dispense with a hearing before issuing the divorce judgment, which can incorporate the parties’ marital settlement agreement if the court finds the couple’s paperwork in order.
Understanding Contested Divorces
A contested divorce may occur when a couple cannot agree on one or more outstanding issues in their divorce case or when a spouse files for a fault-based divorce, alleging that the other spouse’s misconduct caused the marriage’s breakdown. Examples of fault-based grounds for divorce in Mississippi include:
- Desertion
- Adultery
- Habitual cruelty
- Habitual drunkenness or drug use
- Incarceration
- Incurable insanity
- Bigamy
- Pregnancy by another man before marriage (if the husband does not know the child’s true paternity)
A contested divorce occurs when one spouse files a complaint citing specific grounds for the divorce, and the other spouse responds by contesting the grounds for divorce or resolution of other issues, such as property division or child custody. A contested divorce will lead to protracted litigation involving discovery, pre-trial motions, and a trial if the couple does not negotiate a marital settlement agreement to convert the case into an uncontested divorce. A contested divorce can last several months to over a year, depending on the complexity of the couple’s issues and the court’s schedule and availability.
Key Differences Between Contested and Uncontested Divorces
Some of the significant differences between contested and uncontested divorces in Mississippi include:
- Agreement between the spouses: An uncontested divorce requires both spouses to agree to get divorced and to reach a settlement regarding economic and child custody issues. Conversely, a contested divorce occurs when a spouse denies fault for the divorce or the couple cannot agree on one or more outstanding issues.
- Duration: An uncontested divorce can last about two months, as the court can issue a final judgment 60 days after the couple files for divorce. A contested divorce that goes to trial can last over a year.
- Cost: Uncontested divorces usually have lower costs, as spouses do not need to spend money on legal fees and expenses to prepare for a trial, unlike in contested divorces.
Contact a Divorce Attorney Today
Whether you have a contested or uncontested divorce, an experienced family law attorney can walk you through the legal process and advocate for your interests. Contact Gregory D. Keenum, P.A. today for a confidential consultation to learn more about how our firm can assist you with pursuing a favorable resolution in a contested or uncontested divorce in Mississippi.