how to divorce without lawyer with kids involved mississippi

In Mississippi, an uncontested divorce can be arranged without a lawyer, but the paperwork can be exhausting to prepare all by yourself. Mississippi Online Divorce offers a compromise. For a price much lower than you’d have to pay a lawyer, you can entrust all the paperwork issues to us and spend your precious time on other significant matters.

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How do I file for divorce in Mississippi with minor children?

If there are minor children, the issues of child custody and support will need to be resolved. In order to file for divorce in Mississippi, either you or your spouse must be a resident of the state for at least 6 months, and not have moved to Mississippi for the reason of filing for divorce.

What are the divorce laws in Mississippi?

Mississippi allows for divorce on either a no-fault or fault-based basis. A no-fault divorce merely requires you to state that there are irreconcilable differences. No other explanations are needed.

What is a no-fault divorce in Mississippi?

Mississippi allows for divorce on either a no-fault or fault-based basis. A no-fault divorce merely requires you to state that there are irreconcilable differences. No other explanations are needed. To file a no-fault divorce, both sides must agree to the divorce based on irreconcilable differences.

How do I get an uncontested divorce in Mississippi?

This article explains Mississippi's simplified uncontested divorce process, including how to qualify and file your paperwork. First, in order to get any kind of divorce in Mississippi, you must meet the residency requirement. Either you or your spouse must have lived in the state for the six-month period just before you started the divorce process.

How can I get a divorce in Mississippi without a lawyer?

The main documents for an uncontested divorce include:a Joint Complaint for Divorce (signed by both spouses in the presence of a notary)your Property Settlement Agreement (also signed by both spouses and notarized)a Judgment of Divorce based on irreconcilable differences, and.a civil cover sheet form.

What is the fastest way to get a divorce in Mississippi?

In fact, Mississippi allows qualifying couples to file a joint divorce petition (known as a "complaint") and get their final divorce in as little as two months—without going to court.

How long do you have to be separated before divorce in Mississippi?

To file for divorce in Mississippi, you must be a resident of the state for at least six months. An irreconcilable differences divorce requires a 60-day waiting period, assuming the spouses resolve all issues within that time and the court has approved the property settlement agreement.

How much is a uncontested divorce in Mississippi?

Divorce & SeparationItemFeeUncontested (Joint)$148.00Uncontested Divorce Master's Fee (Separate Check)$20.00Contested$158.00Separate Maintenance$158.00

What is a wife entitled to in a divorce in Mississippi?

Thus, when it comes to property division, Mississippi is not a “community-property” state whereby all of the divorcing spouses' assets, regardless of whether they were acquired during the marriage or not, are divided equally (50/50) upon divorce.

Can you get a divorce without the other person signing in Mississippi?

Even if your spouse does not respond or even show up in court, you can still obtain a divorce as long as you go to court and bring a witness who will corroborate what you have to say.

What is abandonment in a marriage in Mississippi?

Desertion/Abandonment Desertion or abandonment in a marriage is when one spouse leaves the other without warning and offers no communication for at least one year. If that person also has children who depend on them financially, they can be charged by the state of Mississippi for criminal abandonment.

Can you date while separated in Mississippi?

It is commonly asked by clients, “Can I date others?” The short answer is NO. In Mississippi divorce there is no such thing as “legal separation.” You are married until you are divorced. That means either party could get “fault grounds” against the other at any time prior to the divorce being granted.

What are the 12 grounds for divorce in Mississippi?

The 12 grounds for a Mississippi fault-based divorce are:Natural and incurable impotence;Adultery;A stay in a penitentiary for any duration of time;Willful, continued, and obstinate desertion for a year;Habitual drunkenness;Habitual and excessive use of opium, morphine, or other like drugs;More items...•

How much does a divorce cost if both parties agree in Mississippi?

Divorce Filing Fees and Typical Attorney Fees by StateStateAverage Filing FeesMississippi$400Missouri$133.50 (without minor children), $233.50 (with minor children) (District specific fees. This example is from Jefferson County Circuit.)Montana$170Nebraska$15848 more rows•Jul 21, 2020

Can you file for divorce online in Mississippi?

Start your no-hassle divorce in Mississippi with mississippionlinedivorce.com. This online service is suitable for any uncontested divorce and will help you prepare all the necessary documents in record time.

How long does divorce take in Mississippi?

A Mississippi Divorce Can Take a Few Months to Several Years However, you should be prepared for a long process. Even uncontested divorces based on irreconcilable differences take at least 60 days. A fault-based divorce will take longer. A divorce involving high-value assets will take even longer.

What is the process of filing for divorce in Mississippi?

Some initial steps need to be handled so that you can move on to the next stage of the process.

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

If spouses can agree to a divorce based on irreconcilable differences, then they need to wait at least 60 days after filing before a court will hear their case. If spouses also agree on things such as child custody, visitation, alimony, a division of assets and other vital issues, the judge will include those terms in the final agreement.

Can I cancel, stop or reverse a divorce in Mississippi?

No. If your spouse wants to divorce you in Mississippi, you may be able to delay things for a bit, but ultimately the divorce will happen.

How much does it cost to get a divorce?

When you get a divorce in Mississippi, you will need to pay filing fees and process of service fees. Filing fees run around $50. This amount will vary slightly from county to county.

Should I retain a certified divorce financial analyst?

Many spouses in Mississippi retain a family law attorney to assist them with all the aspects of their divorce.

What is a divorce certificate?

To show proof that a divorce has been granted, a divorce certificate can be issued. The document has a lot less information on it than what is in a decree. It only states that the divorce took place, along with the specifics of when and where it happened.

What is a divorce decree in Mississippi?

A divorce decree is known as a Final Judgment of Divorce in Mississippi. It officially terminates a marriage and spells out the detailed rights and responsibilities of each party.

How long do you have to be a resident of Mississippi to file for divorce?

Before filing for divorce in Mississippi, either you or your spouse must have been a resident of the state for at least six months. If you meet state residency requirements, then you need to make sure you are filing your forms in the correct county. In Mississippi, if your spouse lives in the state, you have to file the complaint in ...

What is the first form to file for divorce in Mississippi?

The first form to complete when filing for divorce is the "Complaint for Divorce.". The spouse filing for divorce is referred to as the "plaintiff," and the other spouse is the "defendant.". Mississippi courts do not publish divorce forms online, but your local court clerk may have divorce forms specific for your county.

What is it called when you have to give your spouse a copy of your divorce complaint?

You have to give your spouse a copy of your filed Complaint for Divorce; this is called "serving" your complaint. You have multiple ways to serve the complaint on your spouse.

What information do you need to file for divorce?

Generally, as part of your financial disclosures, you'll need to submit information and supporting documentation regarding the following: income and expenses. assets and debts. tax returns. bank statements.

What happens if one spouse doesn't disclose assets?

Either spouse's failure to disclose assets could impact a property award or result in fines. In some cases where one spouse has hidden assets, a judge will award the non-disclosed asset to the other spouse.

What happens if you can't find your spouse?

If you can't find your spouse, your spouse is actively evading service, or your spouse is in the military , you may need to serve your spouse by alternative means.

How to contact Mississippi Legal Services?

You can contact Mississippi Legal Services toll free at 1-800-498-1804 for more information and to see if you qualify. Talk to a Lawyer.

What happens if you divorce a married couple in Mississippi?

Whether you live in Mississippi or elsewhere, divorce for any married couple will accomplish two things: (1) severing the marital relationship, and (2) dividing assets and debts. If one of the parties will be unable to be self-supporting after the divorce, the issue of alimony may also arise. If there are minor children, the issues ...

What are the reasons for divorce in Mississippi?

The fault-based grounds for divorce in Mississippi are: 1 natural impotency, 2 adultery, 3 being sentenced to a penitentiary, 4 “willful, continued and obstinate desertion” for 1 year, 5 habitual drunkenness, 6 habitual and excessive use of opium, morphine or other like drug, 7 habitual cruel and inhuman treatment, 8 having mental illness or an intellectual disability at the time of marriage, if the party complaining did not know of that infirmity, 9 marriage to some other person at the time of the pretended marriage between the parties, 10 pregnancy of the wife by another person at the time of the marriage, if the husband did not know of the pregnancy. 11 the parties are related to each other within the degrees of kindred between whom marriage is prohibited, and 12 incurable mental illness.

How long do you have to be a resident of Mississippi to get divorce?

In order to file for divorce in Mississippi, either you or your spouse must be a resident of the state for at least 6 months, and not have moved to Mississippi for the reason of filing for divorce. (However, considering the details of divorce law in Mississippi, it is difficult to conceive of a situation where anyone would want to move ...

What is the custody of a minor in Mississippi?

If you and your spouse have any minor children, there will have to be a custody determination. The court must decide the issues of legal custody (concerning the right to make major decisions about the child’s welfare), and physical custody (concerning where the child lives and the time each party spends with the child). Custody, legal or physical, may be awarded to one party or to both parties jointly. If both parties agree to joint custody, it will be presumed to be in the child’s best interest. Unlike most states, Mississippi child custody law does not set forth any particular factors the judge must consider in making a custody, but only states that consideration should be given to “the circumstances of the parties and the nature of the case.”

What is the procedure for a divorce?

Procedures. The most simple procedure is an uncontested divorce using the no-fault grounds. You and your spouse will either need to have a written agreement on property division, alimony, and child custody and support (if applicable); or sign a consent to allow the court to decide these matters.

What are the fault based grounds for divorce in Mississippi?

The fault-based grounds for divorce in Mississippi are: natural impotency, adultery, being sentenced to a penitentiary, “willful, continued and obstinate desertion” for 1 year, habitual drunkenness, habitual and excessive use of opium, morphine or other like drug, habitual cruel and inhuman treatment, having mental illness or an intellectual ...

How long does it take to get a divorce hearing?

A court hearing may not be held until 60 days after the Bill of Complaint for Divorce is filed. Remarriage is permitted once the decree is entered, even if an appeal is pending.

What is legal custody in Mississippi?

Legal custody determines which parent will have the right to make crucial decisions for a child regarding things like education, culture, religion, and health. In many cases, this is a shared responsibility. Grandparents’ visitation rights are also legally recognized in Mississippi.

What are the assets of a divorce in Mississippi?

Pensions , IRAs, 401Ks and Retirement Plans. Pensions and retirement accounts are often the most valuable assets in a Mississippi divorce. Benefits earned before marriage are the pension earner’s separate property. But any pensions benefits earned during a marriage are marital property and subject to equitable division.

How does domestic violence affect child custody?

If domestic violence has taken place or threatened, the court may prevent a spouse or parent from having contact with a child. In some cases, the contact may be through supervised visits only.

What does it mean to divide a divorce into two parts?

Bifurcation essentially means to divide the divorce into two parts.

Why is infidelity rarely used as a ground in Mississippi?

Infidelity is rarely used as a ground in Mississippi because gathering evidence can be difficult. Legally speaking, you must be able to show that your spouse had an adulterous inclination and had the opportunity to satisfy that inclination.

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Does Mississippi have a child custody law?

Mississippi has a set of state custody laws in place, but it also follows the Uniform Child Custody Jurisdiction and Enforcement Act. The Uniform Enforcement Act is a federal law that mandates each state must honor and enforce child custody rulings made by courts in other states.

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

After answering a list of questions concerning your case, mississippionlinedivorce.com will complete all the necessary divorce forms for you in less than 48 hours. Using this option, you can be sure that the documents will be customized according to your personal circumstances and filled out following Mississippi laws and regulations.

Can I get divorced online in Mississippi?

Mississippi Online Divorce offers a compromise. For a price much lower than you’d have to pay a lawyer, you can entrust all the paperwork issues to us and spend your precious time on other significant matters.

Is online divorce legal in Mississippi?

All the legal forms provided by Mississippi Online Divorce are recognized by the Mississippi Judiciary, so we guarantee that our customers will have no trouble filing the documents in the court . Using Mississippi Online Divorce is an affordable, safe, and effortless way to get an uncontested divorce.

What are the grounds for divorce in Mississippi?

To divorce on these grounds, the spouse must prove such conduct occurred over a period of time and was physical in nature (i.e., beatings) or had an adverse physical effect on him or her. Bigamy and incest are two other grounds for divorce in Mississippi.

How long do you have to be a resident of Mississippi to get divorce?

To file for divorce in Mississippi, you must be a resident of the state for at least six months.

What are the pre-existing conditions for divorce in Mississippi?

Natural impotency, insanity or idiocy, and a wife's pregnancy by another person at the time of the marriage are pre-existing conditions that are grounds for divorce in Mississippi. In these cases, the innocent spouse must not have known of the condition prior to the marriage. Adultery, custody to the Mississippi Department of Corrections, ...

What happens if one spouse sues the other to end the marriage?

If one spouse sues the other to end the marriage, the plaintiff bases the suit on one of the 12 divorce grounds allowed by state law, and the court decides whether to grant the divorce. Desertion is a spouse's willful abandonment of the marriage for at least one year without consent, just cause, excuse, or intention to return.

What happens when a marriage fails in Mississippi?

When a marriage fails, divorce is the judicial decree which legally ends the relationship. Mississippi law provides several legal methods for a couple to divorce. A no-fault divorce occurs when a couple agrees to divorce and to the settlement of such issues as child custody and support, alimony, and property division.

How long does it take for a divorce to be postponed?

The other grounds have no particular waiting period, but the other spouse must receive notification at least 30 days prior to trial. If the wife is pregnant when the divorce is filed, the court usually postpones the case until the child is born in order to address child support issues.

What is the guiding principle in child custody cases in Mississippi?

The guiding principle in any Mississippi child custody case is that judges must act according to the best interests of the child or children involved. This means that judges in Mississippi are bound by law to award child custody and visitation rights in whatever way they determine will be best for the child – which is not always the same as what is best for the parents or any other parties involved.

What is the difference between legal custody and physical custody?

Physical custody means living with a child and caring for him or her on a day-to-day basis. Legal custody, on the other hand, means making important decisions that affect the child, such as where he or she will go to school or what medical care he or she will receive.

How to get divorce in Mississippi?

How to Qualify for an Uncontested Divorce in Mississippi. First, in order to get any kind of divorce in Mississippi, you must meet the residency requirement. Either you or your spouse must have lived in the state for the six-month period just before you started the divorce process. (Miss. Code § 93-5-5 (2021).) ...

What is the Mississippi divorce process?

Mississippi's simplified divorce process is sometimes known as an "irreconcilable differences divorce," because you and your spouse must also agree that those differences are the legal reason (or "ground") for the end of your marriage—as opposed to one of the other grounds for divorce in Mississippi that are based on claims of misconduct. (Miss. ...

How to file a joint complaint in Mississippi?

How to File a Joint Complaint for Divorce in Mississippi. Once you and your spouse have reached your settlement agreement, you'll need to gather and complete all of the required forms, including the joint divorce complaint. Unlike many states, Mississippi doesn't provide statewide downloadable forms online.

How long does it take to get divorced in Mississippi?

Completing Your Uncontested Divorce. After you've filed your joint complaint based on irreconcilable differences, Mississippi has a 60-day waiting period before your uncontested divorce can be finalized. You generally won't need to attend a hearing. Rather, a judge will review your settlement agreement and other paperwork.

Where can I get divorce papers in Mississippi?

Instead, you'll need to get the correct forms from the Chancery Court Clerk's office in the county where you'll file for divorce—where either you or your spouse lives (Miss. Code § 93-5-11 (2021)).

Is divorce painful?

There's no doubt that getting divorced can be painful. But it doesn't have to ruin your finances along the way. If you're able to sit down with your soon-to-be ex and work out agreements on the key issues involved in ending your marriage, you can save money, time, and stress with an uncontested divorce. In fact, Mississippi allows qualifying ...

Can a judge grant a divorce?

As long as the agreement is "adequate and sufficient"—meaning that it's fair to both spouses, covers all of the required issues, and is in the best interests of any minor children —the judge grant your divorce and incorporate the agreement in the divorce judgment. (Miss. Code § 93-5-2 (2021).) Talk to a Lawyer.

What is the Mississippi divorce law?

Mississippi divorce law (which can be found within Title 93 of the Mississippi Civil Code here) allows couples to file for divorce based on either fault or no fault grounds. No fault grounds may exist if both you and your spouse can agree before the court that your marriage cannot be repaired because of irreconcilable differences (Mississippi Code Section 93-5-2). This standard is essentially the parties not placing any blame on another person, but stating that the marriage just did not work out and the spouses do not get along anymore. No-fault divorces are the most common by a margin of 90% of all Mississippi divorces. Mississippi no-fault divorces do have some basic requirements, such as residency and waiting period requirements.

What is family law in Mississippi?

Mississippi family law cases represent some of the most emotional situations individuals can find themselves involved in. Mississippi family law cases involve topics such as divorce, child custody, father’s rights, and child support, to name a few. Having an understanding of how the law effects the facts and circumstances surrounding your case is an essential first step to knowing the type of help that you need. For some, an uncontested divorce may be something they decide to take on themselves, for others, issues such as child custody or property division may require Mississippi family law advice from a professional. No matter what your experience is within the court system, rest assured that there are plenty of Mississippi family law lawyers that can help you – and we can put you in touch with an expert lawyer today for free. But it is a good idea to learn the basics so you have an idea what you are in for.

What is child support in Mississippi?

Mississippi child support typically comes into play during custody actions, divorce suits, paternity claims, and separate maintenance disputes. Specifically, Mississippi Code Sections 43-19-101 and 43-19-103 set the guidelines that the court will follow for child support amounts paid to a custodial parent. Under Mississippi child support law the parent who is not granted primary custody of the children, (normally called the “noncustodial parent”), is required to pay a percentage of their adjusted gross income (AGI) in order to support their child (ren). Specifically, the percentage of the noncustodial parent’s AGI that is used to pay for child support is based on the number of children subject to the award. Mississippi child support statute specifies this amount to be according to the table below and found in Mississippi Civil Code Title 43, Chapter 19 (cited as Miss. Code Ann. Section 43-19-101):

Why is a stay at home parent awarded a larger share of the marital property?

A stay at home parent in a 20 year marriage, for example, may be awarded the marital home as a specifically larger share of the marital property because the working spouse has a history of employment and a higher earning capacity than the stay at home parent does.

What percentage of divorces are no fault in Mississippi?

No-fault divorces are the most common by a margin of 90% of all Mississippi divorces.

What does 50% property mean in divorce?

What it means is that a judge will take into account several factors in deciding how much property each spouse should receive when the divorce is finalized.

How long does it take to get divorce in Mississippi?

Found within the Mississippi Civil Code at Title 93 Chapter 5-2 (4), the State of Mississippi requires a 60-day waiting period before a divorce can be finalized. The law specifically states, “Complaints for divorce on grounds of irreconcilable differences must have been on file for sixty (60) days before being heard.”.

What to Know Before Filing For A Mississippi Divorce

Finding and Preparing Your Mississippi Divorce Papers

• First, you need to find the right forms for getting a divorce in Mississippi. On the website for the Mississippi Access to Justice Commission (MSATJC), under "Family and Children Law," you can download an instruction sheet and some forms. You can also follow an interactive interviewthat will help you complete the forms for some simple uncontested d...

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Filing and Serving The Divorce Papers

Finalizing Your Mississippi Divorce

Equitable Distribution: Who Gets What

Alimony and Child Support

• Alimony in Mississippi
  Alimonycan be granted in Mississippi temporarily during a divorce, or after a divorce is final to help one spouse move forward with their lives. Alimony is not always automatic. The court will consider whether or not to grant alimony after a division of assets. If the property division is ade…
• Child Support in Mississippi
  Both parents are expected to provide for the care and costs of raising children in a Mississippi divorce. The amount of time spent with each parent generally does not factor into the amount of child support that must be paid. Child support is determined by a formula that is based on large …

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Custody and Visitation

Divorce Process

Other Divorce Issues