Mississippi Divorce Laws

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A divorce is often termed as the termination of marital union in legal language. The divorce and the related issues are handled by the state courts. The state courts govern the procedure of divorce on the basis of divorce laws. Mississippi divorce laws consist of the number of provisions that may help the spouses to complete a divorce procedure in a legalized manner. The residency requirements must be met before any steps are taken for a divorce by the spouses. For Mississippi, the period of six months is taken as a minimum residency period to be completed before filing a divorce case.

Mississippi Divorce Laws regarding child support

In this state, the Income Shares Model is used to calculate the value of child support. Initially, there is proof needed that both parents have different estates or incomes. The ratio of the relative financial capacity of both parents is determined. The Court might pass orders that each parent should input money for the maintenance and support of the children in this calculated ratio. When the parents liberate their child, the responsibility of support of the child ceases to exist. The rules regarding child support are given in Title 93 Section 93-5-23 of the Code of the State. The child support is decided by considering following factors -

• The income sources of the partners and durability of such sources
• The occupation and qualifications of the partners to determine the capability to pay towards child support
• The educational and other important needs of the child
• Age and health of the child. This is necessary to determine the expenditures for medical conditions
• Nature of child custody; whether is it joint or single
• The future responsibilities and other payments to be made by the partners

Mississippi Divorce Laws regarding child custody

When the parents fail to mutually accede over the issue of child custody, the Court takes its decision according to what it feels is in the best interest of the child. Gender is not considered in deciding whose custody is best suited for the child. Before issuing order for custody to both parents jointly or independently, the Court expects that the parents should present a plan to execute the order of custody. When the issue of custody is a disputed one and a parent has a past record of committing family violence, then the Court has a presumption that it is not in the best interests of the child and is harmful to the child to be placed in joint physical custody, joint legal custody and sole custody of such a parent. Title 93 Section 93-5-24 of the code of this state forms the basis of child custody issues.

Alteration of name

This state has no laws that directly deal with the alteration of the name of a partner after divorce. However, every divorcing partner reserves the right to make a petition in the court for a change of name.

Spousal support

The Court has the authority to order spousal support to the husband or to the wife and additionally any allowance that either of them may be entitled to. For the payment of the sum so permitted, there may be a need to submit sureties, bond or other guarantees. Section 93-5-23 and 93-5-1 of Title 93 of the code of this state is dedicated to spousal support. The court may take into account following information -

• The property attained by both partners after property division
• The nature of employment of the partner paying alimony
• The time period needed by the other partner to prepare himself to be self-sufficient
• Relations between the partner and contribution made by both of them to maintain the home and marital union
• The marital fault of a partner on which the divorce is being taken
• The general economical conditions of the partner at the time of divorce

Property distribution

This state believes in equitable distribution of property. It separates property depending on the title of the property. The property that is titled in the name of the husband or the wife solely is retained by the husband and wife respectively. The property that has joint titles is separated by the Court in an equitable manner. The distribution of property is determined by the judge, if the property settlement is disputed.

This is the manner in which a divorce process is completed with the help of Mississippi divorce laws. The detailed knowledge of these laws is essential to submit all the documents and fulfill all requirements of a quick and easy divorce.

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