Mississippi

Divorce Law Guide

The facts about divorce in Mississippi

Divorce, or dissolution of marriage, is the legal process of severing a marriage contract, which is overseen by a court of law in the state in which one or both of the divorcing spouses live. The process for getting a divorce and acceptible grounds for divorce vary from state to state.

In Mississippi, a divorce can be completed on average in a minimum of 240 days, with court fees of $52.00. The state has divorce residency requirements that require the spouse filing for the divorce to have lived in Mississippi for a minimum of three months.

On this page, you can learn about Mississippi's grounds for divorce, how the divorce process works, and about other parts of the divorce process, such as Mississippi alimony calculation, the property division process and more.

The spouse must be an inhabitant of the state of Mississippi for a minimum a half year preceding the case. On the off chance that an individual from the military is positioned in Mississippi, he or she and his or her life partner are viewed as an inhabitant. The divorce ought to be documented in the region in which either life partner dwells on the off chance that they are the two inhabitants and if the offended party is the primary occupant then in the area in which he or his lives.

A no fault divorce is possible if there are irreconcilable differences between the couple and can be brought to court if they can substantiate the claim and both agree.

The state likewise has laws covering fault divorces. For Mississippi, the courts perceive the accompanying as legitimate motivations to sue for divorce:

"Impotence,Committing adultery,Incarceration,Abuse of alcohol or drugs,Insanity for up to three years,Wife being pregnant by another without spouse knowing it,Willful desertion for at least one year,Cruel and inhuman treatment,One spouse lacking mental capacity to consent to divorce, and Incest" (Section 93, Chapters: 5-1, 5-2, 5-7).

In state of Mississippi a number of factors are taken into account when ending a marriage.

1. Mississippi Grounds for Divorce FAQ

Is Mississippi a no-fault divorce state?

Mississippi allows no-fault divorces, which means that a divorce is granted without establishing the fault of either spouse for causing the divorce. Grounds for a no-fault divorce in Mississippi may be "irreconcilable differences", or similar grounds.

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Does Mississippi allow at-fault divorces?

In addition to no-fault grounds for divorce, Mississippi is a fault divorce state which provides the option to file for a traditional at-fault divorce. Suing for an at-fault divorce alleges that the filer's spouse is the cause of the divorce due to engaging in one of Mississippi's at-fault divorce grounds, such as adultery, abuse, or insanity.

In some cases, an at-fault divorce is pursued because it can entitle the suing spouse to a greater share of marital property or even punitive alimony payments if their partner's fault is proven. If their spouse contests these allegations, they may be challenged in court, which can lead to a lengthy and expensive legal process.

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Does the state of Mississippi allow incompatibility as grounds for divorce?

Yes, Mississippi does allow incompatibility to be used as grounds for having a divorce.

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Can you get a divorce in Mississippi for living separate and apart?

In divorce law, "living seperate and apart" refers to married spouses who are living separate from each other, not engaging in a traditional marital relationship, and do not intend to repair the marriage.

Mississippi does not allow a divorce to be granted solely on the grounds of living seperate and apart from your spouse. You must instead file for divorce under one of Mississippi's accepted grounds for divorce.

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2. Mississippi Divorce Process FAQ

Does state of Mississippi allow legal separation?

Legal separation (otherwise known as "judicial separation") is a legal process that enables spouses to be de facto separated while remaining legally married.

Mississippi does not grant judicial separation orders to married couples who wishes to live separately, so a divorce petition should be pursued instead.

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What's the difference between a divorce and an annulment in Mississippi?

While a divorce is the process of exiting a legally valid marriage, an annulment is the process of rendering a marriage null and void. An annulment makes it legally as if a marriage never took place to begin with.

Generally, annulment is used to conclude a marriage that should not have been legally recognized in the first place, such as a marriage where one of the spouses was unable to consent (by virtue of being underage, due to mental incapacity, or even intoxication), a marriage that was entered into under duress or via fraudulent means, or when one of the spouses was already legally married.

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How long do I have to live in in the state of Mississippi to get a divorce?

The state of Mississippi requires that spouses suing for divorce to have lived in the state for a minimum of three months prior to filing divorce papers. Otherwise, Mississippi courts are not considered to have jurisdiction over the divorce case.

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What is the filing fee for a divorce in Mississippi?

The court fees for filing the paperwork for a basic divorce in a Mississippi court is $52.00. However, the total costs for a divorce can be much higher - especially in the case of a contested divorce, where attorney fees and mediation costs average from $15,000 to $20,000 or more.

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How long does it take to get a divorce in Mississippi?

If the process moves along without holdups, the paperwork for a divorce in Mississippi can be processed in a minimum of 240 days. However, if the spouses are not in agreement about the divorce process, a contested divorce can take significantly longer.

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3. Mississippi General Divorce FAQ

Can my spouse stop me from getting a divorce?

Even if one spouse is opposed to getting a divorce, they cannot stop their partner from filing for and receiving a divorce in Mississippi. While filing a non-contested joint petition for divorce speeds up the process, either spouse can file for divorce individually at any time.

Mississippi permits spouses to sue for an at-fault divorce, and in this case their partner can contest the allegations in court. A non-fault petition for divorce, however, can generally not be contested by an unwilling spouse in Mississippi.

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Does Mississippi have any limitations on remarriage after a divorce?

Mississippi has no mandatory waiting period between the finalization of a divorce and either of the ex-spouses getting remarried. Remarriage following a divorce may affect the continued payment of alimony.

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What is the divorce rate in Mississippi?

According to the most recent CDC study, the yearly divorce rate in Mississippi is 11 per 1,000 total population. The national divorce rate is 6.9 per 1,000 total population. Various studies suggest that nationwide, 30% to 50% of all marriages end in divorce.

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Does Mississippi recognize same sex divorces?

Since same-sex marriage was legalized nationwide in 2015, all states that previously did not allow same sex marriages, including Mississippi, are required by federal law to perform both same sex marriages and same sex divorces. In some cases, court forms or procedures may still need to be updated to support same sex couples.