Mississippi Uncontested Divorce

To file for a divorce in Mississippi, one of the spouses must have been a resident of the state for at least six months, not merely a resident to obtain a divorce. A servicemember is considered a resident if he or she and a spouse are stationed in the state. A divorce on grounds of irreconcilable differences can be filed in a) the county where either spouse resides, if both spouses are residents of Mississippi and b) the county where a spouse resides if the other spouse is not a resident of the state. A divorce sought on fault grounds should be filed in the county where the Defendant resides if her or she is a resident of Mississippi, b) the county where the Plaintiff resides if the Defendant is not a resident of the state, or c) the county where the spouses last resided together prior to separating if the Defendant is still a resident of the state.

Grounds for divorce are No-Fault, which is irreconcilable differences, as well as general grounds of 1) impotence, 2) adultery, 3) imprisonment, 4) alcoholism and/or drug addiction, 5) confinement for incurable insanity for at least three years before the divorce is filed, 6) wife pregnant by another man without the husbandís knowledge; 7) willful desertion for a year, 8) cruel and inhuman treatment, 9) spouse lacked mental capacity to consent (including incapacity from alcohol and drug use), and 10) incest.

Divorce actions are filed in the Chancery Court of the county. The person filing the action is called the Complainant; the party responding is called the Defendant.

There is no legal separation in Mississippi.

A No-Fault divorce on grounds of irreconcilable differences is granted if 1) a Joint Complaint for Divorce is filed by both spouses or 2) a Bill of Complaint is filed and a) the Defendant has entered an appearance by written waiver of process or b) has been personally served with divorce papers. The parties may incorporate written agreements for the care and custody of any children and the division of all property into the divorce judgment. If, however, the spouses cannot agree, they must consent to allow the court to decide all contested issues. There is a 60-day waiting period after the filing before any hearing is scheduled. A Complaint meeting the above qualifications is taken as proved, and no addition proof is required. If one spouse denies there are irreconcilable differences, a divorce may not be granted on these grounds.

Here are some of the forms that must be filed for a divorce in Mississippi:

> Bill of Complaint for Divorce, which identifies the parties and states the grounds;

> Verification, which authenticates, under oath, the truth of the Complaint;

> Marital Settlement Agreement, which describes the terms and conditions of the division and distribution of the marital estate;

> Financial Disclosure Statement (Complainant), which profiles the finances of the person initiating the action;

> Financial Disclosure Statement (Defendant), which profiles the finances of the person responding to the action;

> Affidavit Regarding the Children, which authenticates the residence and custody of the children of the marriage, if applicable;

> Child Support Computation Worksheet, which shows the calculation of child support based on state guidelines;

> Child Support Guidelines, which deal with the calculation of child support;

> Acknowledgment, Acceptance of Service and Appearance, which is used when the Defendant enters and appearance in the case and waives service of process;

> Request for Hearing, which is used to schedule a hearing in the action;

> Notice of Hearing, which gives the Defendant notice of the divorce hearing;

> Decree of Divorce, which when signed ends the marriage.