Learn How to FIle for a Mississippi Divorce and Prepare for Court

How do you file for a Mississippi divorce? There are certain processes that need to be followed when you are doing this in the state, and here they are outlined for your convenience.

You must meet certain requirements, the first being the fact that you need to be a resident in the state for at least 6 months prior to filing, even if you are only a member of the military stationed there.

The legal grounds of the divorce could be either “no-fault’, citing irreconcilable differences. Both of you however must agree on and substantiate this reason or one that must be proved in the court of law.

Reasons for Which the Divorce Can Be Issued

There are a variety of reasons for which the divorce could be issued and this includes impotence, adultery, imprisonment, substance abuse, insanity for up to three years, wife becoming pregnant by another without the spouse’s knowledge, willful desertion for at least one year, cruel and inhuman treatment, the spouse being mentally incapable of consenting to divorce, or incest.

The State of Mississippi permits legal separation, and you may want that as well. This will enable you to live separately while meeting your obligations to each other and children, if any.

When You Apply for Divorce

If you opt for divorce however, you must file a complaint letter, called the “Original Petition for Divorce”, with your local court clerk.

It will identify you, your spouse and any children you have together, and your reason for seeking the divorce. It will be served on the respondent, allowing 30 days for response. This is when restraining orders, protective orders or temporary orders about child support and custody, spousal support and alimony are requested.

The court may issue temporary orders on them. They are legally binding and must be obeyed on pain of contempt of court till the final hearing.

What Happens After This?

The ‘Discovery’ phase follows, governed by the state’s rules, in five steps:

i)    Disclosures, when both sides request items from the other in 30 days
ii)    Interrogatories – Questions sent by either party (the state sets the limits) to be answered in 30 days
iii)    Admissions of Fact – Exchange of a written list of facts each recipient must admit or deny in 30 days
iv)    Requests for Production – Documents required by each side, such as bank and income statements
v)    Depositions – Sworn to by each party as well as any witnesses to the other.

Mediation follows. A court appointed mediator, usually an attorney, tries to iron out the unresolved conflicts with both the parties and their attorneys to arrive at a mutually acceptable agreement.

Failing mediation, a trial date is set. The judge hears both parties argue their case on the issues. Weighing all evidence and filed documents, the judge delivers the judgment. Both parties and the judge sign the final decree of the Mississippi divorce, or the signed and dated order covering issues such as child custody and support, visitation rights, alimony and property division.

If you find the judgment unfair, you can file a motion of appeal before the same judge. If the judge denies your motion, you are allowed to take it to the state appellate court.

Cases involving a brief marriage, no children or marital assets are usually settled quickly. Those involving accumulated assets and children can however be long, drawn out and painful.