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One of the spouses must have been a resident for at least six months and not have secured residency for the purpose of obtaining a divorce. A member of the armed services and his or her spouse are considered residents if stationed in Mississippi. A divorce on the grounds of irreconcilable differences should be filed for in:
There are mainly two reasons of divorce in Mississippi those are fault and general. In order to file for divorce in Mississippi, the proper grounds must be established. Both spouses are involved in establishing these grounds, and both must substantiate and agree upon these, unless the divorcing spouse is trying to prove otherwise to the court.
No-fault reasons for divorce in Mississippi include:
General reasons for divorce in Mississippi include:
In addition, an affidavit must be filed stating that there is no collusion between the spouses. [Mississippi Code Annotated; Section 93, Chapters 5-1 and 5-7].
Joint or sole child custody is awarded based on the best interests of the child. There are no specific factors for consideration in the statute. It is presumed that a court will not award custody to a parent with a history of family violence. The court may award:
If irreconcilable differences are the grounds for divorce, joint custody may be awarded if both parents apply for joint custody. If both parents apply for joint custody, there is a presumption that joint custody is in the best interests of the child. Otherwise, either parent may apply for joint custody. If both parents are fit and the child is 12 or older, the child may choose the parent he or she wishes to live with. If child abuse is alleged by either parent, the court shall order an investigation by the Mississippi Department of Public Welfare. [Mississippi Code Annotated; Section 93, Chapters 5-23, 5-24, and 11-65].
Mississippi is a “title” state. Each spouse retains his or her property for which they have title. There are no statutory provisions in Mississippi for considerations regarding property division. However, Mississippi has judicially adopted the “equitable division” systems of property division.
Recent court decisions have allowed for a wife’s contributions to the acquisition of assets to provide the court with authority to divide any jointly accumulated assets on an “equitable” basis. A 1994 case (Ferguson v. Ferguson) spelled out a set of factors for the equitable division of marital property:
Either spouse may be awarded maintenance if it is equitable and just. There are no other factors for consideration specified in the statute. However, a 1996 case (Parsons v. Parsons) spelled out a set of factors for consideration:
Child support may be ordered as the court finds just and equitable. Where both parents have income or estates, each parent may be ordered to provide support in proportion to his or her relative financial ability. A parent may be required to provide health insurance coverage for the child, if such insurance coverage is available at a reasonable cost through an employer or organization. A bond or sureties may be required to guarantee payments. There are specific child support guidelines contained in the statute. [Mississippi Code Annotated; Section 93, Chapters 5-23 and 11-65 and Section 99, Chapter 19-101].
There is no legal provision for mediation in Mississippi.START Your Divorce Process Now!
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