Important
Information when deciding to file a No-Fault or Contested Mississippi Divorce:
Residency
requirement: To file for a MS divorce, one of the spouses must have been a resident of the state/county
for six months. If the court discovers it does not have jurisdictional rights to hear the case it will not accept. (MS
Code Title 93 Sec. 5-5)
Establish grounds: In
a uncontested divorce the grounds are always "irreconcilable differences".
There are many
grounds for a contested divorce. here a few general grounds: adultery, impotence, imprisonment, alcoholism and/or drugs
addition, desertion, cruel and inhuman treatment. (MS
Code Title 93 Section 5-2)
Decide What type of divorce:
Uncontested or Contested *click link at bottom of page
Decide Child Custody: In
Mississippi, one parent will have primary custody, while the other share joint custody- not unless both parties agree upon
Joint Custody. If the court is deciding- they will
act in the best interest of the child/ children. Sometimes, the court will require a spouse to maintain health
insurance, life insurance etc.
Child Support: Mississippi
guidelines apply in every case. The party not having physical custody of the child will be called upon to contribute
to the support of the minor child. Child Support will continue til the child is twenty-one unless otherwise indicated.
(MS Code title 93 Sec 5-23)
Property: State
law provides for the "equitable " distribution of the marital property of the marriage at the time of the final
divorce. Property belonging to one party prior to
the marriage is handled different.