Mississippi Divorce Questions

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To file a divorce in Mississippi, you should be aware about the divorce laws followed in this state. Before you file for divorce you should know the answers to several questions related to divorce and its proceedings. If you are planning to get a divorce, you need to be aware about the grounds of divorce on which you can file a divorce in this particular state. The grounds of divorce you might be planning to file a divorce might not be recognized in this state. You might want to know whether the divorcing partners need to attend the every court hearing. Another important factor that you should be aware about is the minimum residency requirement. Before filing for divorce, you should be aware about the County where you need to file your divorce. You will find answers to such important questions by referring the Mississippi divorce questions and their answers provided here.

Some examples of Mississippi divorce questions are as follows:

Q. Explain the grounds of divorce that are recognized in this state?

A. The law in this state permits fault divorces, no fault divorces with contested issues, and no fault divorces. When the divorcing partners do not accede with each other to become divorced, then one divorcing partner should try for divorce on the basis of one of the following grounds:

  • Incurable insanity
  • Incest
  • The wife is pregnant due to a person other than the husband at the moment of marriage and the husband has not knowledge of this fact
  • One of the divorcing partners is married to some other individual during the pretended marriage of the divorcing partners
  • Idiocy or insanity at the moment of marriage and the divorcing partner who complains about this was ignorant of this infirmity
  • Natural impotency
  • Habitual and excessive use of morphine, opium or other identical drug (inclusive of addiction to prescription drugs)
  • Habitual drunkenness
  • Desertion for 1 year
  • Being sentenced to any penitentiary
  • Adultery
  • Habitual cruel and inhuman treatment
In case of no fault divorce, the sole ground of divorce is that of irreconcilable differences.

Q. Is it compulsory that in order to attain a divorce in this state, the divorcing partner has to attend court?

A. If the divorcing partners resolve all the divorce related issues amongst themselves without approaching the court, then in order to attain a divorce there is no need to attend court. If the divorcing partners are not able to resolve all the divorce related issues amongst themselves, then minimum one of them must attend the court for every hearing.

Q. In Mississippi what are the minimum residency requirements?

A. One of the divorcing partners must be residing in this state for minimum 6 months prior to the filing date of the divorce papers.

Q. How to decide the County where one should file for divorce?

A. In this state, the Chancery Court is the venue, where the divorce action must be filed. If both the divorcing partners are residents of Mississippi and the grounds of divorce are irreconcilable differences, then the county of residence of either party can be selected to file the divorce action.

In case one of the divorcing partners is not residing in this state, then the divorce action must be filed in the county wherein the other divorcing partner resides.

Q. Is the divorce action associated with any waiting period?

A. If a Joint Complaint is filed, then a waiting period of 60 days is specified prior to the grant of the divorce.

Q. In Mississippi how does the calculation of child support take place?

A. Guidelines have been created for child support by the state. These are based on the number of children and expressed as a percentage of adjusted gross income of the divorcing parents.

Number of children Percent of adjusted gross income
1 14
2 20
3 22
4 24
5 or more 26

The Mississippi divorce questions and their answers list provided above will prove helpful to resolve your queries related to divorce laws in Mississippi. If you have knowledge about the divorce proceeding and related process it will help to ease the divorce procedure. The child support percentage should be known to those divorcing couple who have children from this marriage. If you want to file a contested divorce, you should know the various grounds on which you can file a divorce in Mississippi. The divorcing couple would have other queries such as what is the waiting period for the divorce. All such queries are answered by the questions and answers provided above.

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