how to get a divorce in mississippi without them signing papers and getting a lawyer

You may even qualify to complete your divorce without a lawyer. If this is the case, starting the process can be as simple as filling out the correct Mississippi divorce papers and submitting them to your county clerk. Completing the required divorce papers for Mississippi online with CompleteCase.com can make the process even simpler.

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How long does a Mississippi divorce really take?

How long does a divorce take in Mississippi? Once the divorce paperwork has been filed in court, it usually takes 30 to 90 days for a divorce to be final. The start to finish time of the divorce may vary depending on the caseload of the court and the availability of judges to sign the final Decree of Divorce.

How long does it take to finalize divorce in MS?

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. Grounds for Divorce in Mississippi

Can I file my own divorce in Mississippi?

You can fill it out alone or with the assistance of your spouse. Then, you will need to get a signature from your spouse and you can file the divorce forms with your local court. In Mississippi, you will typically file with the courthouse in the county in which you currently reside.

How much does a divorce lawyer cost in Mississippi?

How Much Does a Divorce Cost in Mississippi? The two basic costs are those with the court and any associated legal fees you’d accrue by working with an attorney. Typically, the filing fee is around $150 with an extra $65 for publishing the divorce complaint if one of the spouses cannot be found.

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.

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 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.

Can you get a divorce without the other person signing the papers?

Overview: It is not necessary that both the spouses have to agree to file for a divorce. One of them may file for a divorce without the others' consent if they are sure that they have strong grounds for breakdown of the marriage.

How much does an uncontested divorce cost in Mississippi?

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

Can you get a divorce online in Mississippi?

Online Divorce 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 do you have to be separated before divorce in MS?

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 does it cost to file for divorce in MS?

The cost of filing the forms for divorce is around $52. There may be additional costs for serving (delivering) copies of the divorce complaint to your spouse ($25 usually covers the formal delivery of divorce papers).

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.

Can my husband divorce me without me knowing?

Your spouse cannot easily divorce you without your knowledge; the court will do all it can to make sure measures are taken to serve you with papers. If you refuse to respond to your spouse's divorce petition, it will delay the process, but not prevent divorce altogether.

Can a man get divorce without your spouse signature?

It is not necessary that both partners have to agree to file a divorce. A Spouse may file for a divorce without the other's consent. The purpose of divorce is to put an end to the marriage which has already broken down irretrievably.

How do I file for divorce if I don't know where my spouse is?

If you cannot find your spouse, you can request permission from the court to publish a notice of the divorce in the newspaper or post a notice in the courthouse.This is called a Motion to Serve by Publication or Posting.

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 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.

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.

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.

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.

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.

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.

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.

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 respond. A summons is served on a person outside Mississippi by sending divorce papers to the respondent by certified mail, return receipt requested.

How much does it cost to publish a divorce complaint?

If you don’t know where your spouse is, then you can publish the divorce complaint in a local newspaper. The publication fee will run about $65 to meet legal requirements.

Can a military spouse file for divorce in Mississippi?

Under the federal law that applies in Mississippi and all states, service members and their spouses have the option to file for divorce in the state where the spouse that filed resides, in the state where the service member is stationed or in the state where the service member is a legal resident. The grounds for a military divorce in Mississippi ...

Can I get divorced while pregnant in Mississippi?

You can file for a divorce in Mississippi while you are pregnant, but the court will postpone the divorce until after you give birth. This makes it easier to address child support and custody issues, and the state does not want to make minor children illegitimate.

Can you divorce a military member in Mississippi?

The grounds for a military divorce in Mississippi are the same as those for a civilian divorce. You can either cite irreconcilable differences or cite one of 12 grounds as the basis for your complaint. Military service members have certain protections under the Servicemembers Civil Relief Act.

Can a service member waive child support in Mississippi?

Mississippi state guidelines determine child support and spousal support, but these awards may not exceed 60% of a servicemember’ s pay and allowances.

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 is the standard divorce form in Mississippi?

Some forms that are standard in divorce are the “Divorce Complaint” and the “Summons”. You will want to determine what court you plan to file in and contact ...

What are the grounds for a fault based divorce in Mississippi?

These grounds for divorce, include adultery, desertion, cruelty and imprisonment. In a no-fault divorce you only need to state that there are “irreconcilable differences”. Mississippi requires that ...

What was the divorce rate in Mississippi in 2011?

According to data reported by the Centers for Disease Control (CDC), in 2011 the divorce rate in Mississippi was 4 for every 1,000 residents. This divorce rate puts Mississippi near the middle of all rates reported in the United States.

What to do if you can't find your spouse?

The final service option, if you cannot locate your spouse, is to publish a notice in the newspaper. This can be costly, and is only allowed if you have searched thoroughly for your spouse. If you and your spouse are in agreement on all terms of the divorce, the court will finalize the divorce fairly quickly.

Does the sheriff charge for divorce?

The sheriff will charge a fee, and will inform the court that the spouse was served. You can also hire a private process server, who will also charge a fee – usually more than the sheriff. However, the private server will usually make several attempts to serve the divorce papers, where a sheriff usually only makes one attempt.

Can you notarize documents in the court?

When completing your documents, avoid signing any affidavits or statements until you are in the presence of a notary public. The court will only accept notarized documents. Many county courts have a notary available on site, but be sure to call and confirm before you go to submit your forms.

Is divorce easy in Mississippi?

Divorce in Mississippi. The decision to get divorced is never an easy one to make. You have probably gone through considerable stress to arrive at this choice, and you likely want to find the easiest, quickest way to end your marriage that you possibly can.

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.

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 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 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 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 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

• 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...

See more on divorcenet.com

Filing and Serving The Divorce Papers

Finalizing Your Mississippi Divorce