Are you going to be going through a divorce hearing in Mississippi soon? Below, there will be more details on what happens in a Mississippi divorce hearing. Contested and uncontested divorce hearings are unique in their own ways, so knowing the differences between the two is helpful.
Contested Vs. Uncontested Divorce
A contested divorce means that the fault lies with one person. The party needs to prove that it is the spouse’s fault. This can be done by proving adultery, cruelty, or other examples of a fault-based divorce. This will likely be contested, which will end up in a trial. An uncontested divorce means that both spouses agree to the divorce and all the terms, including property division, child custody, and more. An uncontested divorce is typically less costly, faster, and there are usually fewer court appearances than a contested divorce.
Divorce Trial Details
Once you establish what the grounds are for divorce, the first step is to file a Complaint for Divorce with the appropriate court. Once the complaint has been filed, you will have to serve your spouse with the complaint. After your spouse reads the complaint, they will have the opportunity to file an answer to the complaint. They may file any objections or defenses that they may have about the complaint. What the complaint must include:
- The grounds for divorce.
- The qualifying residency of one or both spouses.
- Whether the couple has children.
- Requests for property division or spousal support.
Once you make it to the trial, several things happen. First, opening trials will begin. This is where the lawyers from both spouses will start by telling the judge what they’re asking for and what the evidence will show. The opening statements are usually very brief and to the point.
After the evidence is presented, the lawyers move on to the second step. The second step consists of evidence and testimonies. The lawyer who’s representing the spouse who filed for divorce will begin presenting evidence. This is done by submitting documents and having witnesses testify. As this is happening, the other lawyer will be able to cross-examine the witnesses. After that, the other spouse’s lawyer has the opportunity to do the same thing. This part of the process is usually the longest because they can rebut what the other says.
After that, the closing arguments begin. After all the evidence has been presented and the testimony has been heard the lawyers will both sum up their cases to the judge. The judge may ask for the closing arguments to be written instead if the case involves complicated legal issues or the trial is taking longer than anticipated.
Once the closing arguments have been made, the judge will make the final decision. This can take some time because the judge will be reviewing the legal arguments and the closing statements from each side. The judge will then ask for a lawyer to prepare a document with the judge’s ruling and order and present it to the other lawyer. Once this final decree has been issued, the couple will be divorced.
Read More: What Happens After You File For Divorce in Mississippi?
Divorce Trials Timing
There is no set time period for a divorce to take place. It’s determined by all the issues the judge has to resolve, how complicated the financial issues are, and whether the judge needs to break up the trial. Some divorces may not even go to trial. It’s best to have a lawyer present when going through a divorce, so that the divorce will be fair.
Going Through a Divorce?
If you are going through a divorce in Mississippi, reach out to Gregory D. Keenum, PA. Having a lawyer present during a divorce is a great way to make sure you will be benefiting as you should be.