Filing for divorce in Mississippi: Check the basics here!

Divorce is more than just paperwork. Even when spouses agree on filing for divorce, the whole process can be emotionally draining. You may feel in control of your circumstances, but legal advice and expertise can be really handy for dealing with everything, especially your rights and interests. Talking to a family lawyer in Madison, MS, can help in understanding the best way to sort your issues, without going public with matters. In this post, we are sharing more on things to know about filing for divorce in Mississippi. 

Residency Requirement

Like other states, Mississippi also has a residency requirement. At least one spouse must have lived in Mississippi for six months before filing for divorce. Note that there is no need for legal separation in the state, which is common in other states. 

Grounds for divorce

Mississippi allows for “no-fault” divorce. One spouse can file for divorce stating ‘irreconcilable differences, which means that the couple can no longer stay together, and the marriage is over. There are also fault grounds that can be cited for divorce, including impotency, adultery, alcohol/drug abuse, willful desertion, cruelty or inhuman treatment, and incurable insanity. 

Time for getting a divorce

If you or your spouse decide to file for a no-fault divorce, there will be a waiting time of 60 days, following which divorce can be granted. While there is no just waiting period for fault-based divorces, the time taken can be longer. The length of time needed to get divorced in the state depends on specific circumstances. If the divorce ends up in trial, the time required can be significantly longer. 

Other things to know

The state follows what is known as the “equitable distribution” rule. This means that the properties and assets will be divided in a fair and equitable manner, which doesn’t always mean equal. Also, under Mississippi laws, spouses will retain the property for which they have a title. For equitable distribution, things like the length of the marriage and other factors will be considered. 

Why do you need a divorce lawyer?

Ensuring that the entire divorce process remains fair to you and your family is important. We are referring to minor kids here. A good divorce lawyer can guide on matters like child support, child custody, alimony, and distribution of assets. You need an attorney because their expertise can be instrumental in avoiding a trial. 

The first consultation with a family attorney for your divorce doesn’t have to cost anything. Meet an attorney before deciding anything. 

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