Mississippi Divorce Procedures

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Laws are formed to protect society. In every society different categories of laws prevail and citizens have to abide by the laws. Laws pertaining to marriage and divorce are some important laws without which a society cannot run smoothly. In the USA all the 50 states have developed their own laws. Mississippi is one of the highest dissolution-seeking states in the nation. Unfortunately, the state's marriage rates are amongst the lowest, whereas its dissolution rates are among the highest. No matter what the rate is, people have to abide by the state laws if they want to break a marriage legally. Mississippi divorce procedures are developed in order to resolve different marital issues.

A number of causes such as mental differences, financial issues, ego clashes, family responsibility, etc., lead to problems in marriage. Sometimes couples can sort out these differences and go for an uncontested process. In such cases dissolving marital relationship is much easier. At other times when there are big problems like division of property, child support, child custody, spousal maintenance, etc., it is not easy to get a permanent separation order from the court. A trial begins and the sessions might continue for a year or more. In both contested and uncontested cases in this state the separating couple has to follow some Mississippi divorce procedures in order to make their disintegration of the union legal.

If you have made up your mind to file for a disintegration of the marital union in this state, it is advisable to know some state laws and the process that you might have to go through. For example, you must know the residency requirements which specify that one of the parties must be a resident of the state for a period of at least six months prior to the filing of the divorce. Again a case may be initiated in the court where either of the spouses live, if there exists any irreconcilable differences.

We have gathered some vital information on these laws and procedures:

Some important Mississippi Divorce Procedures

• The contents of the Respondent's answer to the petition cannot be considered as an evidence.
• A final dissolution can be granted by the court on the basis of irreconcilable differences.
• No judgment by default may be granted.
• It is not necessary that a Defendant must answer on oath.
• Unless there is a request by one of the divorcing parties, the court clerk would not set down the court case.
• With the exception of obtaining a divorce on the ground of irreconcilable differences, the complaints of all other remaining cases must have been attached with an affidavit by the Plaintiff.
• In case the Defendant is insane, the court appoints a guardian to represent this Defendant.
• Consider that one divorcing partner has become insane to such a degree that the only solution is to appoint a guardian for this partner. Further, under such circumstances, the other sane partner may act in such a manner that under the present laws, the grounds for dissolution are applicable. In this scenario, the guardian has the right to file a bill in the name of the insane person for a marital dissolution in the same manner. In the same way, the same process needs to be followed if the individual is same.

Venue for filing of complaints in Mississippi Divorce Procedures

Consider a case that is filed on the grounds of irreconcilable differences. When one of the divorcing partners is not a resident of state, such a complaint must be filed in the county wherein the resident party stays. If both the divorcing partners are residents of this state, it shall be filed in the county of residence of either party.

On the other hand, if a divorce that is not filed on the grounds of irreconcilable differences, and if the Defendant is not a resident of this state or is absent, the complaint is filed in the county wherein the Plaintiff lives. Whenever the Defendant resides in this state or is found in this state, the complaint is filed in the county the Defendant is in or in the county of the residence of the divorcing partners on the date of separation. The Mississippi Rules of Civil Procedure contains Rule 82(d) that dictates the transfer of venue.

A discussion with an efficient lawyer and a compact knowledge of Mississippi divorce procedures will ensure the fact that you are not deprived of your legal rights. Get ready to fight your case in a logical way with the help of this knowledge.

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