When you decide to separate from your spouse, you may expect a multi-step process to file for divorce. But what steps must you go through to get a divorce in Mississippi? What first actions should you take to begin filing for divorce?
Establishing Residency
Before you can file for divorce in Mississippi, you must establish that either you or your spouse meets the residency requirements under state law for filing for divorce. Mississippi requires that at least one spouse have resided in the state for at least six months before either party files for divorce. Furthermore, the law clarifies that if a member of the U.S. armed forces is stationed in Mississippi and residing in the state with their spouse, they and their spouse qualify as bona fide residents of the state for purposes of meeting the residency requirement for divorce if they resided in the state when they separated. However, a party can rebut the residency requirement by proving that a spouse acquired residence in Mississippi to secure a divorce in the state.
Deciding on Grounds for Divorce
Couples who file for divorce must determine whether they will pursue a no-fault or fault-based divorce. A no-fault divorce requires both spouses to consent to divorce by alleging they have “irreconcilable differences” that have caused an irretrievable breakdown of their marriage. Alternatively, either spouse may file for divorce by alleging their other spouse’s fault for causing the breakdown of the marriage. The recognized grounds for a fault-based divorce in Mississippi include:
- Desertion, or willful abandonment of the marriage for at least one year without just cause or intent to return
- Natural impotency, insanity, or a wife’s pregnancy by another person before the marriage (the other spouse must not have known about the condition)
- Adultery
- Incarceration
- Incurable insanity that develops after marriage
- Habitual drunkenness or drug use
- Habitual cruel treatment that threatens the other spouse’s safety or reasonably causes them to fear for their safety
- Bigamy
- Incest
When a spouse alleges fault-based grounds for divorce, they may have to prove their allegations at trial if the other spouse contests their alleged fault for the marriage’s breakdown.
Filing the Divorce Complaint
The first official step in filing for divorce involves filing a divorce complaint with the chancery court in the county where either Mississippi resident spouse resides. The complaint must include information such as:
- The spouses’ names
- The date of their marriage
- The spouses’ states or countries of residency
- The spouses’ children, and whether they have resolved child custody matters
- Whether the spouses require court intervention for property division
- The grounds for divorce
Serving Divorce Papers
The spouse who files the divorce papers with the court becomes the “plaintiff” in the case, while the other spouse becomes the “defendant.” The plaintiff must serve the defendant with a copy of the complaint and the court summons. However, the couple can sign a joint agreement waiving service in no-fault divorce cases. Alternatively, a defendant or their counsel can waive formal service. A plaintiff who must serve a defendant usually does so through personal service, where an adult not party to the case hands the court papers to the defendant or another party authorized to accept service on their behalf. A plaintiff will usually hire a sheriff or professional process server to serve the papers.
Contact a Divorce Attorney Today
When you decide to get divorced, understanding what to expect during the process can help relieve some of the stress and anxiety. Contact Gregory D. Keenum, P.A. today for a confidential consultation with a knowledgeable divorce attorney to discuss the first steps in pursuing divorce in Mississippi.