How long does it take to get an uncontested divorce in Mississippi?

Even uncontested divorces based on irreconcilable differences take at least 60 days. A fault-based divorce will take longer. A divorce involving high-value assets will take even longer.

How fast can a divorce be finalized in Mississippi?

Uncontested Divorce Timeline:

A mandatory 60-day waiting period follows any suit for an uncontested divorce. After this period is over, the couple is allowed to enter proceedings to finalize the divorce.

How much does an uncontested divorce cost in Mississippi?

Divorce & Separation

Item Fee
Uncontested (Joint) $148.00
Uncontested Divorce Master’s Fee (Separate Check) $20.00
Contested $158.00
Separate Maintenance $158.00

How do you get an uncontested divorce in Mississippi?

at least one of the spouses has been a Mississippi resident for at least 6 months before filing for divorce. both spouses agree they have irreconcilable differences and the marriage can’t be saved. both spouses file a “joint complaint for divorce” or one spouse files a “petition” and serves the other spouse, and.

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How can I file for divorce in Mississippi without an attorney?

The most simple procedure is an uncontested divorce using the no-fault grounds. You and your spouse will either need to have a written agreement on property division, alimony, and child custody and support (if applicable); or sign a consent to allow the court to decide these matters.

How long after divorce can you remarry in Mississippi?

You can remarry at any point after the final decree of divorce has be entered (ie, filed with the clerk), however, if you wanted to be extra careful or suspect your ex-spouse may appeal, you should wait an additional 30 days and ensure no appeal…

Do both parties have to sign divorce papers in Mississippi?

A petition for divorce must be filed. An agreement making sufficient and adequate provisions for support and maintenance of any minor children, division of all property and indebtedness and any other issues must be signed by both parties. The court will review and must approve the terms of the agreement.

Is Mississippi A 50 50 state in divorce?

Thus, when it comes to property division, Mississippi is not a “community-property” state whereby all of the divorcing spouses’ assets, regardless of whether they were acquired during the marriage or not, are divided equally (50/50) upon divorce. … Instead, Mississippi is what is called an “equitable distribution” state.

Can you date while separated in Mississippi?

It is commonly asked by clients, “Can I date others?” The short answer is NO. In Mississippi divorce there is no such thing as “legal separation.” You are married until you are divorced. That means either party could get “fault grounds” against the other at any time prior to the divorce being granted.

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Can you file for divorce online in Mississippi?

The first form to complete when filing for divorce is the “Complaint for Divorce.” The spouse filing for divorce is referred to as the “plaintiff,” and the other spouse is the “defendant.” Mississippi courts do not publish divorce forms online, but your local court clerk may have divorce forms specific for your county.

Do it yourself Mississippi divorce papers?

Mississippi doesn’t have a form for do-it-yourself (DIY) divorce papers, but the court clerk’s office in your county may have a form or information about what to include.

How to Get a Divorce in Mississippi

  1. Child support, custody, and visitation.
  2. Dividing your property and debts.
  3. Spousal support, also known as alimony.

Does Mississippi have no fault divorce?

Since Mississippi recognizes “no-fault” grounds for divorce, you can end your marriage on the basis of “irreconcilable differences,” which is just a fancy way of saying you and your spouse can’t get along anymore, the marriage is over, and there is no reasonable chance of getting back together.

How does adultery affect divorce in Mississippi?

Adultery and other forms of spousal misconduct can affect alimony decisions in Mississippi divorce cases. Alimony is intended to protect either spouse from impoverishment after divorce; it is not meant to be a punishment for bad behavior. … Adultery is also a factor in child custody cases.

What is considered abandonment in Mississippi?

Under Mississippi law, “[w]illful, continued and obstinate desertion for the space of one (1) year” is grounds for divorce. … In other words, a spouse’s intentional and continued abandonment of the other (innocent) spouse for one year or longer, without interruption by reconciliation, constitutes desertion.

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Can you sue for adultery in Mississippi?

The Mississippi Supreme Court has said that to prove adultery, a plaintiff-spouse must show by clear and convincing evidence that the other spouse exhibited both an (1) adulterous inclination and a (2) reasonable opportunity to satisfy that inclination.

Can you go to jail for adultery in Mississippi?

If any man and woman shall unlawfully cohabit, whether in adultery or fornication, they shall be fined in any sum not more than five hundred dollars each, and imprisoned in the county jail not more than six months; and it shall not be necessary, to constitute the offense, that the parties shall dwell together publicly …

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