Mississippi No Fault Divorce

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The Mississippi State divorce laws permits various forms of this processes including fault cases, no fault case with contested issues and many more. No fault case along with contested situation reflects that divorcing partners accede with each other to get the separation, but cannot reach a consensus regarding issues like property division, child custody etc. During such process, both parties agree to get divorce without blaming each other. This process is filed on the grounds of irreconcilable differences. The Mississippi no fault divorce is purely based upon fulfillment of definite criteria such as, residency requirement and suitable grounds that are applicable in the state. It is observed that divorce laws and rights of this state are quite different and unique compared to other states in the US.

Grounds of Mississippi no fault divorce

Like every no fault divorce, even Mississippi state has its own set of grounds, which is to be mentioned while filing a petition in the court house. The only ground for getting no fault case in this state is to mention that the marriage has been irretrievably broken down due to incompatibility of temperament or irreconcilable differences between both the spouses.

Residency requirements of Mississippi no fault divorce

Both partners or either of two divorcing spouses, who files the legal papers, must be residing in this state for at least six months prior to the date of filing the relevant documents in the court house.

Mississippi Code of 1972

All sections highlighting rules and regulations associated with no fault divorce process has been drafted by the Mississippi legislature in 1976. The operative statute regarding this sort of divorce is Miss Code 93-5-2 Mississippi Code of 1972. sections.

Section 1

Both the divorcing partners must accede with each other to have a no fault procedure. Therefore, the spouses need to present proof regarding their mutual agreement and fill the appropriate papers.

Section 2

The divorcing parties must prepare a final document comprises of the following issues.

  • Fixation of of rights
  • Maintenance and custody of the child or children

Section 3

When the divorcing partners cannot reach an agreement regarding the issues of the divorce, they may give their consent to request the court to determine marital property issues such as, child support and custody, property or debt division, alimony support and likewise.

Section 4

A complaint for no fault case should be filed for a duration of sixty days.

It is essential that divorcing couple accede to all terms and conditions mentioned in the agreement, , this does not indicate that the Judge will positively approve it. The written agreement must be scrutinized by the court. The court carefully considers all the issues highlighted on the written agreement and reserves the right to reject any condition the following:

  • The provisions pertaining to equitable division, alimony and property rights in divorce
  • Whether the child support amount is according to the state laws and the rights?
  • Whether the provisions pertaining to visitation and child custody matters are in the best interests of the child or children?

It is advisable to submit the written agreement to an experienced family law professional as this professional would be able to point out all critical problems that would be of real concern for the court judges in Mississippi State.

Some aspects of Mississippi no fault divorce

  • The venue for filing the case the Chancery Court in the county
  • The divorcing partner who files the action for divorce is called as the plaintiff or petitioner
  • The other divorcing partner is termed as the respondent or the defendant
  • The county in which either the respondent resides or the petitioner resides is chosen for filing the complaint that is based on irreconcilable differences
  • Consider a complaint for divorce on the grounds of irreconcilable differences. This must be filed in the court, and a waiting period of around sixty days is provided during which the final hearing session is scheduled.
  • Most importantly, no fault case is not granted until all marital issues such as, property or debt distribution, child custody or support, alimony support etc., are not settled as per the judiciary laws and rights in Mississippi.

Mississippi no fault divorce is only possible if a specific ground is mentioned right at the time of filing a petition. Therefore, consideration of suitable grounds is one of the crucial sections of the entire process.

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