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Mississippi Uncontested Divorce Online  

Mississippi

Uncontested Divorce Online

 
 

Before you start completing your uncontested divorce forms with us, please read all the requirements for Mississippi divorce. Make sure that your situation matches all the requirements. Uncontested Divorce Forms Online

 
 

Requirements for Mississippi divorce

 
 
Residency Requirements:
 
In order to file for a dissolution of marriage in Mississippi, one of the spouses must have been a resident of Mississippi for at least 6 months, and not have secured residency for the purpose of obtaining a divorce. A member of the armed services and his or her spouse are considered residents if stationed in Mississippi.
 
Legal Separation:
 
There are provisions for separate maintenance.
 
General Divorce Procedure:
 
A divorce grounded in irreconcilable differences will be granted if both wife and husband jointly filed for divorce; or a bill of complaint was filed and the defendant either entered an appearance by written waiver of process or was personally served with the complaint. If the spouses cannot agree to child custody, or to the division of property, then the court will have a hearing 60 days after filing for divorce.
 
Where to file for divorce::
 
A divorce on the ground of irreconcilable differences should be filed for in the county where either spouse resides if both spouses are residents of Mississippi, or in the county where one spouse resides if the other spouse is not a resident of the state. A divorce sought on fault-based grounds should be filed for the county where the defendant resides if he or she is a resident of Mississippi, or the county where the plaintiff resides if the defendant is a non-resident of Mississippi, or the county where the spouses last lived prior to separation, if the plaintiff is still a resident of the county in which she/he files for divorce.
 
Mediation or Counseling:
 
There is no legal provision in Mississippi regarding mediation.

Grounds for Mississippi Divorce:

Mississippi recognizes Fault-based and No-fault grounds for divorce.
 
No-fault:
 
Mississippi recognizes only irreconcilable differences as a ground for a no-fault divorce.
 
Fault-based:
 
Mississippi’s fault grounds include:
   1) adultery;
   2) impotence;
   3) alcoholism or/and drug addiction;
   4) confinement for permanent insanity for at least three years;
   5) pregnancy by another at the time of marriage without the husband’s knowledge;
   6) cruel and inhuman treatment;
   7) willful desertion for one year or more;
   8) imprisonment;
   9) mental incapacity at the time of consent;
   10) incest.
 
Marriage to some other person at the time of the current marriage is also a ground for divorce. In addition, an affidavit must be filed stating that there is no collusion between the spouses.
 
Title of Divorce action:
 
Bill of Complaint for Divorce.
  Uncontested Divorce Forms Online
 
Rights to Maiden Name:
 
Either spouse may request name change.
Go to "Change Name" service
 
Filing Fees:
 
Court filing fees are in addition. Please check with your local courthouse to determine the exact amount.
 
Uncontested Divorce Forms Online
 

* Related Uncontested Divorce Facts
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  Related FAQ's

* Must I go to court?
* What is the difference between no-fault divorce and uncontested divorce?
* What are the Residency requirements for filing for divorce?
* Marital Settlement Agreement... What is it?
* What about alimony?
* How is child custody decided?
* When can I remarry after divorce?
* Can I change my child's name upon divorce?
* How is property divided, including retirement funds?

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