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Mississippi Divorce Laws, Child Support, and Attorneys

Mississippi Divorce Residency Requirements

In order to file for a Mississippi divorce, one of the parties must have been a State resident for at least six months. If it is determined that residency was obtained for the purpose of obtaining a divorce, Mississippi will not entertain jurisdiction over the divorce action.

Mississippi Divorce Filing Requirements

Mississippi has special provisions for where to file for a divorce depending on the grounds for divorce used by the filing party. If the Mississippi divorce action is based upon irreconcilable differences, the action should be filed in

• the county where either spouse resides, if both spouses are residents of Mississippi; or

• the county where one spouse resides if the other spouse is a non-resident of Mississippi.

If the Mississippi divorce action is based upon any other ground, the action should be filed in

• the county where the non-filing party resides if he or she is a resident of Mississippi; or

• the county where the filing party resides if the non filing party is a non-resident of Mississippi; or

• the county where the spouses last lived prior to separating, if the filing party is still a resident of the county in which the suit is filed.

Mississippi Divorce Grounds

The grounds for Mississippi divorce are:

• irreconcilable differences;

• impotence;

• adultery;

• imprisonment;

• alcoholism and/or drug addiction;

• confinement for incurable insanity for at least 3 years before the divorce is filed;

• where the wife is pregnant by another at the time of marriage without husband's knowledge;

• willful desertion for at least 1 year;

• cruel and inhuman treatment;

• where a spouse lacked mental capacity at the time of the marriage;

• incest; and

• marriage to some other person at the time of the current marriage.

Expedited Mississippi Divorce Procedure:

A Mississippi Court will grant the parties a "no-fault divorce" on the grounds of irreconcilable differences if:

• both parties file a joint bill of complaint, or

• a bill of complaint has been filed and

• the non-filing party has entered an appearance by written waiver of process; or

• the non-filing party has been personally served with the divorce papers.

If the parties have entered into a written agreement pertaining to outstanding issues such as child custody and child support and division of marital property, a Court may incorporate the agreement into a Mississippi divorce judgment. If the parties have not reached an agreement, they must submit a written consent to the Court to allow the Court to determine all outstanding issues. After filing the consent, a hearing will not be scheduled for 60 days.

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