How can I file for divorce in Mississippi without an attorney?
The most simple procedure is an uncontested divorce using the no-fault grounds. You and your spouse will either need to have a written agreement on property division, alimony, and child custody and support (if applicable); or sign a consent to allow the court to decide these matters.
How much does it cost to file for a divorce in Mississippi?
When you get a divorce, there are two types of costs that you will have to pay: court costs and legal fees. Court costs will vary, depending on the county in which you file your divorce complaint. The cost of filing the forms for divorce is around $52.
How much is an uncontested divorce in Mississippi?
A Mississippi Divorce is Not Free
In Harrison County, the base filing fee for an uncontested divorce is $113.00 as of the date of this writing. A contested divorce is $153.00. There are of course other fees that are owed in the form of court costs that are incurred in every divorce.
How long do you have to be separated before divorce in Mississippi?
To file for divorce in Mississippi, you must be a resident of the state for at least six months. An irreconcilable differences divorce requires a 60-day waiting period, assuming the spouses resolve all issues within that time and the court has approved the property settlement agreement.
Can you file for divorce online in Mississippi?
The first form to complete when filing for divorce is the “Complaint for Divorce.” The spouse filing for divorce is referred to as the “plaintiff,” and the other spouse is the “defendant.” Mississippi courts do not publish divorce forms online, but your local court clerk may have divorce forms specific for your county.
What are grounds for divorce in Mississippi?
Existing fault grounds in Mississippi include adultery, criminal conviction with a sentence to jail time, bigamy, impotence, willful continuous desertion for a minimum of a year, habitual substance abuse, habitual cruel and inhuman treatment, the spouses being related to each other by a certain degree of kinship, …
Can you go to jail for adultery in Mississippi?
If any man and woman shall unlawfully cohabit, whether in adultery or fornication, they shall be fined in any sum not more than five hundred dollars each, and imprisoned in the county jail not more than six months; and it shall not be necessary, to constitute the offense, that the parties shall dwell together publicly …
Can you sue for adultery in Mississippi?
The Mississippi Supreme Court has said that to prove adultery, a plaintiff-spouse must show by clear and convincing evidence that the other spouse exhibited both an (1) adulterous inclination and a (2) reasonable opportunity to satisfy that inclination. Larson v. Larson, 122 So.
How long do you have to be married to get alimony in Mississippi?
Some states do have a minimum length of marriage before a spouse is eligible to receive alimony. For example, in Maine, Mississippi, and Tennessee, judges will only award alimony in marriages lasting longer than 10 years.
What is considered abandonment in Mississippi?
Under Mississippi law, “[w]illful, continued and obstinate desertion for the space of one (1) year” is grounds for divorce. … In other words, a spouse’s intentional and continued abandonment of the other (innocent) spouse for one year or longer, without interruption by reconciliation, constitutes desertion.
Do I have to sign divorce papers in Mississippi?
Mississippi 3StepDivorce™ works as long as both you and your spouse agree about everything, and both of you are willing to sign the divorce paperwork. You do not have to sign the papers together, at the same time and place, but the Mississippi 3StepDivorce™ requires both spouses to sign.
Is adultery a crime in Mississippi?
Unlawful cohabitation, also known as “shacking up” is also considered adultery in Mississippi. This means that it is against the law to live with another person, a romantic interest, while you’re still married. It isn’t just grounds for divorce. It’s an actual crime in the Great State of Mississippi.
Is Mississippi A 50 50 state in divorce?
Thus, when it comes to property division, Mississippi is not a “community-property” state whereby all of the divorcing spouses’ assets, regardless of whether they were acquired during the marriage or not, are divided equally (50/50) upon divorce. … Instead, Mississippi is what is called an “equitable distribution” state.
Can you date while separated in MS?
Further, dating while still married is a form of adultery in Mississippi and can be grounds for fault based divorce. … Dating while divorcing may cause a breakdown in negotiations or revocation of a previously reached agreement. It may even cause your spouse to act irrationally, seeking retaliation.