Uncontested Divorce in Mississippi

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Divorce is a painful experience. The pain increases when both the partners cannot reach a consensus regarding the different aspects of the topic. If the divorcing partners permit the court to intervene to resolve their differences, they lose their freedom of choice and have to adhere to the judgment announced by the court. To avoid this many spouses play safe by choosing an uncontested process where they can make decisions mutually. The US has a higher divorce rate compared to many other nations in the world. The simplified process of uncontested divorce is prevalent in the 50 states of the nation. Mississippi has provisions for such type of procedures. Separating spouses have to follow certain state laws and guidelines in order to obtain an uncontested divorce in Mississippi.

What is meant by an uncontested divorce in Mississippi?

In this state, uncontested procedures are also known as "no-fault" divorces. For those couples who desire to undergo a legal procedure, these type of cases are the most cost-saving and time-effective. However, these cases demand agreement and collaboration between the parties. Each and every aspect like visitation, real estate division, child support and alimony must be agreed upon by both parties. The separating couples need to co-operate with each other and sign an agreement that serves the interests of both of them.

Time span of Uncontested Procedures

One can expect that this sort of divorce can be obtained within a minimum of two and a half months; it can extend depending on the complexity of the case. The time span depends on the following factors:

  • How fast the separating partners agree on the issues.
  • How fast the partners submit information to an attorney for drafting documents.
  • How quickly the attorney drafts and files the essential documents.
  • Whether minor children are involved. The waiting period for cases without minor children is one month less than for those with minor children.

Residency Requirements

Anyone of the partners must be a resident of the state for a period of 6 months in order to file the necessary papers. If a military service member and their partner are stationed in this state, they will be considered as a resident and are thus allowed to file for the action.

Grounds for Divorce

Apart from 'inconceivable differences', the general grounds are:

  • Drug addiction
  • Alcoholism
  • Willful desertion for a period of 12 months
  • Incest
  • Impotence
  • Inhuman treatment
  • Partner lacking mental capacity to consent: If any spouse is incapable to consent owing to alcohol and drug use, the other spouse can file for divorce on this ground.
  • Confinement for insanity that is incurable- A spouse must be confined for incurable insanity for a period of minimum 3 years before the e action is filed.
  • If the wife is pregnant by another man and the husband is not aware of this.

Procedure of Uncontested Case in Mississippi

  • Both partners must agree to divorce.
  • Both partners must reach an agreement regarding all issues and this must be specified in Property Settlement Agreement.
  • Both partners must fulfill the residency requirements of the state.
  • The Chancery court of the county wherein any of the divorcing partners reside is selected as the venue to file the complaint for divorce.
  • After the complaint for divorce is on file for minimum 60 days, then the Chancellor can present the issue to the court.
  • When the Chancellor concludes that the contents of the Property Settlement Agreement are sufficient and adequate, then this Agreement can be included in the judgment.
  • Sometimes it is observed that the separating partners cannot form sufficient and adequate contents in the Property Settlement Agreement. In such a scenario, they have the option of agreeing to the procedures on "irreconcilable differences" grounds and allow the court to settle those issues where they cannot reach a consensus.

Contents of Bill of Complaint of Divorce

In this state, the Bill of Complaint of Divorce of uncontested case with minor children has the following information:

  • Name of county where the Bill is filed
  • Docket Number
  • Name of Complainant, that is, the person filing for the case and Defendant, that is, the person who responds
  • Address of Complainant and Defendant
  • Duration for which the Complainant and Defendant are residents of Mississippi
  • The name of the state, county, city of marriage of the complainant and defendant and the date of this marriage
  • Name and Date of Birth of children, if any
  • Grounds for No-fault
  • Whether or not a Marital Settlement Agreement has been reached by the Complainant and Defendant
  • Any other declarations

The Verification part comprises of the following information:

  • Name of Petitioner
  • Signature of Petitioner and date on which signature is done
  • Address of Petitioner
  • Signature of Notary and the date on which the verification was done

The Affidavit of Consent consists of the following data:

  • Name of county
  • Docket Number
  • Name of Complainant and Defendant
  • Date when the Bill of Complaint was filed
  • Signature of Defendant and the date when the signature was made
  • Address of Defendant
  • Signature of Notary and date when the Defendant subscribed and was sworn before the notary

In order to obtain an uncontested divorce in Mississippi, you can go for a do-it-yourself process or hire the services of an attorney. If you are interested in a DIY process you can buy divorce packets or package which includes information about the whole process, forms, instructions and guidelines, checklist, etc. Consider your priorities before choosing the means of obtaining your divorce.

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