Mississippi Divorce Tips
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Divorce rates in Mississippi are among the highest in the United States. According to a report published by the Clarion Ledger on August 25, 2011, the divorce rates for both women and men are among the highest in the nation. Ironically, the marriage rates of Mississippi fall in the bottom half. This is really shocking. But, sometimes, a divorce becomes a necessity. So, if you are thinking about divorce while considering each and every factor of your marriage, you should prepare all your documents and testimonials that the Mississippi court demands. For that, we are providing some important Mississippi divorce tips that will be of immense help to you.
One of the most vital information that you need to know about Mississippi divorce is that the state does not have any self-help website that you can use for the preparation of divorce paperwork.
Some useful Mississippi Divorce Tips:
- According to the Mississippi law, one of the partners must be a resident of the state for six months before she/ he files for the case. For military divorce, a person who is stationed in Mississippi is considered to be a resident and thus, he can apply for divorce without meeting any other residential requirement.
- Mississippi divorce tips also focus on grounds for divorce. Like many other states in the USA, Mississippi is a mixed state which accepts divorce cases on fault and no-fault grounds. No-fault grounds mean irreconcilable differences. Fault grounds include:
- Alcohol or drug abuse
- Extra-marital affair
- Felony conviction
- Physical abuse and inhuman treatment
- Husband being unaware of wife's pregnancy by someone else
- One of the two partners lacking the mental ability to agree to terminate the marriage
- Insanity for a period of at least 3 years
- Other than residency requirements and grounds for divorce, there are certain important matters like child visitation rights. Some grandparents are not permitted to petition for visitation rights as per subsection (1) of 93-16-3. If such grandparents desire visitation rights, they can file the petition at the chancery court. If the court concludes the below mentioned facts, the court might grant visitation rights:
- The visitation rights of the grandparents are in the best interests of the child.
- The grandparents had created a viable relation with the child. Further, the custodian or parent of the child unreasonably denied the visitation rights to the grandparents.
- If the court detects that a defendant is wrong by not complying with an order of support, then the court (as defined in Section 93-11-153(a)) can order the licensing entity to suspend the license of the defendant.
- Consider a situation in which an individual is not complying with the order of support. In such a case, any licensed lawyer who represents the individual, who is a recipient of the support amount can forward the name and record of accounting to the division to prove the arrear-age.
- The term "Delinquency" means the following:
- The payments by a non-custodial parent for child support that have been unpaid for minimum 30 days after the due payment date
- The payments for the maintenance of a partner that has remained unpaid for minimum 30 days
- The court concludes that a partner is "out of compliance with an order of support" in the following conditions:
- When the obligor is 30 days delinquent or in arrears with respect to payments in full for present support or in case of periodic payments on a support average.
- It may happen that in order to avoid payment of child support to an obligee or department (on behalf of an obligee), the obligor may transfer income or property. This is titled as "fraudulent conveyance of assets." Information regarding this is stated in Section 15-3-3, Mississippi Code of 1972. In such a case, the obligor has to pay a specific amount of money as fine.
- If the determination of parentage is pending and a party might make a motion requesting temporary support. In such a case, one of the following two may occur:
- The court might make written findings of fact on the record that in this particular case, the award of temporary support would be inappropriate or unjust
- If there is clear and convincing proof of paternity on the basis of genetic tests or any other proofs, temporary support might be ordered
- When the child is emancipated, the duty of child support ends. The court might conclude that emancipation has taken place and there is no other support obligation in the following conditions:
- The child marries, or
- The child completes 21 years of age, or
- Before attaining 21 years of age, the child discontinues full time enrollment in school and procures full time employment.
- Before completing 21 years of age, the child leaves the residence of the custodial parent or guardian and makes independent living arrangement as well as procures full time employment.
Whatever complexities may rise before, during and after the divorce case; you have to face those with confidence and a positive mind. And the Mississippi divorce tips will help you a lot in this pursuit.