When you file for divorce in Mississippi, one of the questions you may have about the process includes whether you must go to court at any point in your divorce case. Your obligation to appear in court may depend on the type of divorce case you have and whether you and your spouse have outstanding disputes you need the court to resolve.
Types of Divorce in Mississippi
In Mississippi, divorce can take one of two forms: contested and uncontested. A contested divorce occurs when a couple has outstanding disputes they need the court to resolve, such as disputes over property division, alimony, or child custody. A contested divorce may also occur when one spouse alleges the other spouse bears fault for the breakdown of the marriage. An uncontested divorce means the couple has settled all outstanding issues through a prenuptial or postnuptial agreement or divorce settlement.
Whether you need to go to court during a divorce case will depend on which type of case you have.
Do You Have to Go to Court for an Uncontested Divorce?
In an uncontested divorce, you may have to appear in court at some point during the case. However, an uncontested divorce imposes minimal obligations to appear in court compared to a contested divorce. At a minimum, you may have to appear in court when the judge finalizes the divorce decree, as the judge may want to question you about whether you have knowingly, intelligently, and voluntarily entered your pre/postnuptial agreement or divorce settlement. However, courts in some counties waive the requirement for spouses to appear in court to finalize the divorce decree if the judge finds no reason for the spouses’ appearance. As a result, uncontested divorces offer the fastest and most straightforward route for ending a marriage.
Court Appearances for Contested Divorces
A contested divorce requires the court’s involvement in resolving outstanding issues between the parties. A court may decide various matters in a contested divorce, such as:
- Fault for the divorce
- Property division
- Alimony/spousal support
- Child custody
- Child support
A contested divorce begins when one spouse files for divorce, alleging the other spouse’s fault for the breakdown of the marriage or requesting the court’s resolution of outstanding issues. Contested divorces involve a full litigation process, including discovery (where parties exchange documents and information), pre-trial motions, and, if the parties cannot settle their disputes, a trial where the court hears evidence to decide the case.
A contested divorce may require spouses to appear in court multiple times for pretrial hearings to conduct status updates and resolve motions and for trial. As a result, contested divorces usually take longer than uncontested divorces.
Alternatives to Court Litigation
Spouses may pursue alternatives to litigation that can minimize the amount of time they must spend in court to obtain a divorce. First, spouses and their attorneys may negotiate a divorce settlement before the couple files for divorce, allowing them to pursue an uncontested divorce that may avoid the need for the spouses to appear in court. When a couple has trouble negotiating a settlement, they may pursue divorce mediation, where a neutral third party, known as a mediator, helps them reach a fair and mutually acceptable settlement. Divorce attorneys can help couples draft a finalized settlement agreement they can present to the judge for approval in an uncontested divorce.
Contact a Divorce Lawyer Today
When you and your spouse split, an experienced family law attorney can prepare you for what to expect during a divorce case. Contact Gregory D. Keenum, P.A. today for a confidential consultation to discuss whether you have to go to court to get a divorce in Mississippi.