how to file for no fault divorce without a lawyer in state of ms.

You should file the Complaint for Divorce at the clerk’s office of your local chancery court along with supporting documents and filing fee. Mississippi will grant a divorce without considering fault by a spouse, as long as both spouses agree to it. You and your spouse must file a Joint Complaint for Divorce.

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What is the difference between fault and no-fault divorce?

The Difference Between Fault and No-Fault Divorce

• No Fault Divorces. The main difference between a fault and a no fault divorce is the reason provided to the court for the end of the marriage.
• Fault Divorces. With a "fault" divorce, there is an assertion that one party engaged in behavior that directly led to the need for the divorce.
• Getting Help. ...

Should I file for fault or a no fault divorce?

Filing a no-fault divorce can save a lot of money because nobody has to prove fault. The addition of no-fault divorce in New York has often eliminated extended trials just to prove the grounds for divorce. Getting a New York divorce is now easier and less costly if spouses file for a no-fault divorce.

How to file for no fault divorce in Mississippi?

• income and expenses
• assets and debts
• tax returns
• bank statements
• credit card statements
• personal financial statements, and
• any other documentation containing financial information that your spouse or the court should know before the divorce.

How do to obtain a no fault divorce?

• The marriage is irretrievably broken;
• Both spouses agree to the divorce; and
• There are no unresolved financial issues between the parties

How do I file for 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.

How much does a no-fault divorce cost in MS?

The two basic costs are court costs and legal fees. Typically, the filing fee is around $150 with an extra $65 for publishing the divorce complaint if one of the spouses cannot be found.

Can you get a no-fault divorce in Mississippi?

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.

Can I file my own divorce in MS?

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. This article explains Mississippi's simplified uncontested divorce process, including how to qualify and file your paperwork.

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

How long do you have to be separated before divorce is automatic?

Most state courts will automatically enter a divorce decree if the parties have been legally separated for a period of time, often one to two years, and meet the basic eligibility requirements.

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.

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.

How long does it take for a divorce to be finalized in Mississippi?

The time it takes for a divorce to be finalized in Mississippi depends on how much you and your spouse are able to agree and cooperate with one another. If you file a non-contested divorce, a Final Judgment of Divorce may be entered around 60 days after the initial complaint was filed.

What documents are needed to file for a divorce?

What Documents do I Need to File for Divorce?Copy of Your ID Document and/or Passport,Proof of Your Income Tax Number (Salary Slips / Tax Return) and.Proof of Your Residential Address.

What is an uncontested divorce?

In an uncontested divorce, both spouses agree on all of their divorce-related issues rather than going to trial and having a judge make those decisions for them.

How long after a divorce can you remarry in Mississippi?

27. Mississippi. There is no period following the entry of a divorce decree during which both parties are prohibited from remarrying, although the decree may provide in the discretion of the court whether or when a party guilty of adultery shall marry again.

No-fault divorce laws in Mississippi

In Mississippi, the filing spouse needs to first meet eligibility requirements for getting a divorce. He or she must be a resident of the state for at least six months.

How long does a no-fault divorce take in Mississippi?

If the other spouse objects to a no-fault divorce, he or she must meet either one of 12 grounds for divorce. Neither of these grounds has a waiting period but instead requires that the other spouse is notified a month before trial. In the event of a pregnant wife, there is a case for child support and so it is delayed until the child is born.

What to argue about when filing for divorce in Mississippi?

Most divorcing couples that can’t reach an agreement usually argue about property division, alimony or child custody. If you are filing for divorce in Mississippi, you should be aware of how courts often adjudicate these issues.

How long does it take to get a no fault divorce?

There is a minimum waiting period of 60 days to finalize a no-fault divorce, but most divorces require considerably more time to progress through the system. You should file the Complaint for Divorce at the clerk’s office of your local chancery court along with supporting documents and filing fee.

How long do you have to live in Mississippi to file for divorce?

You or your spouse must have resided in the county for six months prior to filing. Mississippi is a no-fault state, so you may obtain a divorce based on irreconcilable differences.

How long does it take to get divorce in Mississippi?

If the judicial caseload allows, you may be able to complete an uncontested divorce in Mississippi in as little as 60 days.

What is legal custody in Mississippi?

Mississippi recognizes legal custody as the authority to make decisions regarding the child’s welfare and physical custody as the housing and care of the child. Mississippi courts will take into consideration all of the following criteria before making any custody determination: the child’s age, health, and gender.

How long do you have to be married in Mississippi to have a child?

You or your spouse must have resided in the state of Mississippi and the county where you file for at least six months.

Why do you need an attorney for contested divorce?

Because there are high costs related to a trial including attorney fees, you should be prepared for an expensive and time-consuming process. Keep in mind the following about a contested divorce: Attorneys may help the divorce proceed more expeditiously by providing critical legal expertise.

Where to file for no fault divorce in Mississippi?

For a no-fault divorce, if both parties are Mississippi residents, you may file in the Chancery Court in the county where either party lives. If your spouse (the defendant) is not a resident, you may file in the county where you (the complainant) reside. If you use one of the fault-based grounds for divorce, the following rules apply: If ...

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 ...

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 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.

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 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 to do 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. One alternative means of service is by publishing notice of your divorce in the newspaper. You need to get court permission in order to use this method.

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.

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.

Can a process server serve a spouse?

After serving your spouse with the documents, the process server (or other adult) will complete a service affidavit attesting that your spouse has been served. If the process server has been unable to serve your spouse, you can ask the court for permission to serve your spouse via certified mail.

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.

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.

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.

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.

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.

How much does it cost to get divorced in Mississippi?

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. You must also legally serve your spouse with forms once they are filed.

What does it mean when a marriage is annulled in Mississippi?

Annulments are rare, but they are granted in Mississippi. An annulment means a marriage is null and void as if it never happened. This is different from a divorce which simply ends a marriage.

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

If there is no newspaper, then the notice can be posted at the county courthouse. After completion of publication, the defendant has 30 days to file a response. A summons is served on a person outside Mississippi by sending divorce papers to the respondent by certified mail, return receipt requested.

Is there a divorce form in Mississippi?

If you have unresolved issues, it is almost always better to retain an attorney to represent you. There is no standard form for filing a divorce in Mississippi. Many local courts have developed templates that are used when filing.

Can you get divorced in Mississippi if you are not at fault?

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.

Can I file proof of delivery in Mississippi?

After you have filed paperwork in Mississippi, you must legally notify your spouse of your intentions by delivering paperwork to them. You are not allowed to do this on your own. Instead, a sheriff in the county where the defendant lives can serve process and then file proof of delivery with the court.

Can a married couple divorce in Mississippi?

The difference between divorce, annulment and legal separation. Married couples can end their marriages by divorce or annulment in Mississippi. Legal separation is also permitted, but a couple will remain married after this action takes place.

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).) ...

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)).

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.

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 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.

Is it painful to get divorced?

By E.A. Gjelten, Legal Editor. 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.

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 happens if my spouse refuses to sign a summons in Mississippi?

The Summons and Complaint gives your spouse notice of the action and allows them an opportunity to be heard if they desire. 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. If your spouse is properly served and doesn’t show up to Court then most of the time the judge will hear the proof and thereafter issue a default judgment to grant your divorce. Of course, this is provided everything is in order and the Court is satisfied with your reasons for getting a divorce.

Is divorce difficult in Mississippi?

Divorce proceedings are difficult enough when both spouses agree to the dissolution; they can be even more challenging if only one spouse wants the divorce. Under Mississippi law, if you have adequate grounds it is possible to obtain a divorce even if your partner is less-than-willing to cooperate with you in dissolving the marriage on an uncontested basis. Unfortunately, contested divorces are usually much more expensive since they generally take longer to resolve and require additional procedural steps.

What to Know Before Filing For A Mississippi Divorce

Finding and Preparing Your Mississippi Divorce Papers

Filing and Serving The Divorce Papers

• For divorces based on irreconcilable differences, you'll file your divorce papers with the Chancery Court Clerkin the Mississippi county where either you or your spouse lives. For fault-based divorce, you'll file in the county where your spouse lives or, if your spouse lives out of state or can't be found, where you live. (Miss. Code § 93-5-11 (202...

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Finalizing Your Mississippi Divorce