Filing a divorce and successfully completing it can be a significant milestone related to your life. Both legally and emotionally it consumed a lot of your time. In Mississippi it is important to know how to file, but also what comes after the divorce is finalized. This post will show you how to navigate and what to know once your divorce hits chancery court.
Residency and Complaint Filing
When the filing spouse makes the claim for the divorce it goes to the Chancery Court. This court in the appropriate country check wether:
- At least one of the spouses needs to be a bona fide resident of the state. This has to be a resident of the state at least 6 months before the divorce filing. This comes from residency, or even a valid residency.
- Either Fault or No-Fault based Divorce. The ground of the divorce must be properly placed and accounted for.
Service of the Complaint
The next step comes down to letting the other spouse know. In cases of an uncontested divorce, there can be a signed joint complaint. When doing this joint complaint no other service is required. On the other hand, a contested case has a little more action than the other. The defendant will have 120 days to be served with the complaint. This is usually through a sheriff or the case will be dismissed.
Period of Response
Once the allegations have been served, the defendant will have 30 days to answer. This will be the defendant admitting to denying the allegations against them. In some cases they can submit a counterclaim. If no answer becomes filed, the case could be moved to a default judge and could possibly grant divorce. If in summary the case is contested, it will move on. Make sure to be responsive and with intent in process showing the judge it matters.
Temporary Orders
As the case moves on there could be temporary orders to manage from both spouses. This could include:
- Custody and visitation periods
- Spousal or child support
- Use of the home and the expenses of the home
This remains stability and balance between the spouses while the court comes to a conclusion.
Final Decree of Divorce
Once every issue is solved, in which both spouses agree or by litigation, the court will state its final decree. This final choice officially dissolves the marriage and ends the divorce process. This process lays out the final outline of property division, custody, support, and alimony arrangements. Depending on the situation, some orders may still be in compliance depending on the divorce. This decree is final and binding, and the divorce will be settled.
Post-Divorce
It’s essential after a divorce to:
- Change name if desired
- File your taxes (Single or head of the house hold)
- Update Documents, both legal and financial
- Follow through with court orders
- Consider future adjustments to handle process after divorce
Why Having Legal Help Matters
Mississippi has very strict divorce rules and statutes. Especially, its limited no-fault options and detailed fault-based requirements add layers of complexity to proceedings. Whether straightforward or contested, every step involves legal thresholds and deadlines. And once the final decree is issued, the interplay of custody, support, and property division continues to affect your life. At Gregory D. Keenum, PA we understand that divorce can be one of the most challenging times in your life. As a firm we want to be there with you every step of the way in order for you to have a fair and straightforward divorce. If divorce is something you’re struggling with, reach out to us and contact us today!