See if you Qualify in Mississippi
Online Divorce provides qualitative and approved by the court Mississippi divorce papers. The information below will help you understand more about the divorce in Mississippi. However, if you feel any doubt or insecurities, we will help you figure out how get your divorce form documents quickly and correctly filled out according to the rules set by the state without hiring an Attorney. onlinedivorce.com provides quick and inexpensive services of online divorce in Mississippi. We guarantee that in a short time you will receive the correct Mississippi divorce documents with specific circumstances of your divorce, as well as a detailed instruction on what to do next.
Below you can find common steps of how to get divorce in Mississippi:
1. If you decide that you want to file a divorce in Mississippi, the first requirement is that your marriage is recognized by the law of the state. It means that your marriage is valid in the state of Mississippi, in other words the marriage was registered in accordance with state requirements.
2. Residence requirements must be fulfilled by at least one of the spouses.
3. You must have the reasons provided by the state, on the basis of which you want to apply for a divorce in Mississippi.
4. If there are common children or common property in marriage, you and your spouse must come into agreement about the custody and decide how you will divide your property. Similarly, all questions regarding the alimony to one of the spouses after the divorce must be resolved. Please note, if you can not reach the agreement with your spouse, the court will independently decide on the disputed issues on the basis of all the factors provided by you. Thus, you need to fill out all your divorce form documents with a maximum precision, so that the court can make a fair decision regarding your disputes.
5. You have to fill out Mississippi divorce papers. Please note that the process of filling out divorce forms documents can be quite complex and require you to know the law and legal terms. In the whole divorce process, the stage of preparing Mississippi divorce papers is the most important, since the cost of divorce and how soon you will receive it will depend on the correctness divorce forms. If you think you are not able to handle on your own, you can always use the services of online divorce in Mississippi - the best provider of online divorce in the USA. Our service will prepare all the necessary Mississippi divorce papers, which then you only will have to sue.
6. As soon as you file your Mississippi divorce papers to the court, you will need to serve your spouse with the divorce documents and wait for some time until the court issues a decision regarding the divorce.
If you want to get a divorce in Mississippi you must meet the residency requirements, which means that at least one of the spouses has to live in the state for 6 months before filing the documents. At the same time it doesn't matter in which state the marriage was registered.
Valid Grounds to get divorce
In the state of Mississippi you can file for fault or no-fault divorce. In the second case, you do not need to prove that your spouse has committed any serious mistake in marriage, you only certify the court that you do not voluntarily live with your spouse for more than a year and your marriage is considered as irretrievably broken.
If you want to formalize a divorce based on fault circumstances, you will need to prove in court one of the following reasons:
1) Impotence of one of the spouses;
2) Facts of domestic violence in the family;
3) One of the spouses left the second for more than 1 year;
5) A serious mental illness of one of the spouses;
6) One of the spouses has as alcohol or drugs dependence;
7) Imprisonment. If one of the spouses is in custody at the Mississippi Department of Corrections;
8) Willful desertion of one of the spouses for at least one year;
9) During marriage the wife became pregnant from another man;
10) Incest. Spouses are blood relatives;
Please note that if you are applying for a divorce in Mississippi based on a fault ground, you must provide the court with irreconcilable facts of your spouse's guilt.
Annulment is one of the ways to dissolve a marriage in Mississippi. The annulment is applied in rare cases and implies that the marriage never existed from a legal point of view. This means that in order to obtain an annulment your marriage should have been concluded with violations of the rules of Mississippi. Just note that the annulment is applied from a legal point of view, that is, do not confuse it with a religious cancellation that is conducted through the clergy.
To obtain legal cancellation one of the following reasons must be fulfilled:
1. Incest. Marriage is considered invalid if it is concluded between close relatives, for example, between the parent and the child (or the adopted child), the grandparent and the grandchild, the brother and the sister and so on. Children which are born in such a marriage will be considered as illegal.
2. Bigamy. If one of the spouses already has a legal marriage that was not terminated at the time of the registration of current marriage. Children which were born in such a marriage will be considered as legitimate.
3. If one of the spouses is terminally ill with impotence. The grounds for annulment of marriage for this reason must be provided within 6 months from the time the problem was discovered. If more time passes, then the marriage automatically is considered as valid and instead of annulling it is necessary to file a divorce in Mississippi.
4. If at the time of marriage at least one of the spouses did not reach the age permitted by the rules of the state of Mississippi for getting marriage and the couple did not have permission from the court or parents to marry. However, if the couple lives together after marriage, then the marriage is automatically considered as valid.
5. If, at the time of marriage, one of the spouses was mentally ill and did not have the opportunity to independently consent to the marriage, then such marriage is considered as invalid and subjected to annulment. Please note that the application for annulment must be submitted no later than 6 months after the marriage is registered. The application can be submitted by a mentally ill spouse, as well as by his or her close relative or friend.
6. When one of the spouses forced the second spouse to marry in a fraudulent way. For example, the situation in which a wife became pregnant before marriage from another man, and was declaring that this is a child from her husband and obliges him to marry. This type of marriage is considered void. However, an application for an annulment must be submitted no later than 6 months after the truth of the circumstances of the marriage is clarified. If more than 6 months have elapsed since the receipt of the information about the cheating, and the application for annulment is still not submitted, then the marriage is automatically considered as valid.
7. If after the marriage the couple did not live together.
If at least one of the above conditions is met, you have the right to file for an annulment. However, if none of the above reasons is applicable to you, then you must apply for a divorce in the state of Mississippi.
At first glance, the process of annulment may seem simple enough, but it is not true. Most likely, you will need legal advice on how to fill out your documents. Please note that Online Divorce is always ready to provide you with all the necessary papers that fit your case. You do not need to waste time and energy on studying the nuances of legislation to fill out your divorce form documents. We will do everything for you, you will only need to register your documents in court.
Custody of the Child
The courts of Mississippi make decisions based on what is best for the child. So both parents can be custodians, which leads to the fact that they equally spend time with the child after the divorce in Mississippi and equally participate in solving important issues of the life of their child.
However, if a child has preferences for a particular parent and the child is able to make decisions himself, then the court will take this into account. Nevertheless, the court will still make a fair decision, based on an analysis of a number of factors regarding the life of the child during the marriage of the parents. Thus, if your family has a minor child, you must give the court absolutely all the information that caches them, by describing this in your divorce form documents. Please note that if you file for a divorce in Mississippi based on the facts of domestic violence from your spouse, then most likely the court will not allow your spouse to take care of the child. However, if violence against the child was committed by both parents, then the court will appoint a third party as custodian, guided by the best interests of the child. The third party must ensure that he or she will not allow parents to have contact with the child, except situations when the contacts are authorized by the court.
Rules for Child Support
If the couple decided to get a divorce in Mississippi, the spouses need to decide on financial support for their underage children. If the spouses can not come to a common solution that satisfies all parties, then the court will decide independently. Support for children in the state of Mississippi is regulated by a model called "income shares". This model operates in many states and is designed to accurately determine the cost of maintaining the child after the parents' divorce, to enable the child to live in the same conditions under which he lived while the parents were together.
Below are a number of factors that can significantly affect the amount of support:
1) incomes of parents;
2) the amount required to meet the basic needs of the child;
3) the presence of any other minor children in the care of their parents;
4) expenses of parents;
Please note that in order to provide a decent level of financial support for your child, you must describe in your Mississippi divorce papers all possible sources of your income and income of your spouse, as well as indicate all possible sources of expenditure.
Rules for Spousal Support
If during the marriage one of the spouses was completely financially dependent on the partner, then after the divorce, courts of Mississippi oblige the second spouse to pay financial support. The amount of support will depend on the needs of the needy spouse and the financial capabilities of the spouse who is required to pay.
If you decided to get a divorce in Mississippi, you need to divide the property that was jointly acquired in marriage. It is good if you and your spouse have already come to a common decision and there is no dispute between both you about what and who should get. However, if there are disputes between you and your spouse regarding the property that you are not able to solve on your own, then the court will make an independent decision based on state law. The Mississippi state is a "Title Property". This means that everything in the marriage that was registered on a spouse after the divorce will still be his or her property. Thus, if you want to preserve your property, you should describe it as detailed as possible in your Mississippi divorce papers. However, in recent years, the courts believe that the "Title Property" method is unfair. And from time to time the decision regarding the owner of the property after getting the divorce will depend on the analysis of factors such as: the value of the property, the contribution of each spouse to the acquisition of this property, the tax consequences when registering this property, the financial situation of each partner.
Divorce without a lawyer
If you apply for a divorce in Mississippi, then there is no need to use the services of a lawyer. Cases when a divorce is made without the participation of a lawyer are called Pro Se Divorce, it is a Latin expression that translates as "on her or his own". Depending on which county you live, the process of divorce in the state of Mississippi can vary. Nevertheless, a divorce without the participation of a lawyer is completely legal and is subject to execution in any state. If the spouses have come to the agreement of a division of property and custody of children, then it is very convenient to initiate the Pro Se Divorce.
There is no service of mediation required in the cases of divorce in the state of Mississippi. There are no legal provisions for it. However, if you want to settle some of the controversial issues of your marriage, you can make ask for a service of a third party that will help you resolve the differences.
Divorce Forms in Mississippi
Some of the forms that you need to fill out for a divorce in Mississippi can be found on the website of the state. Which documents are required to be filled will depend on your circumstances of divorce, taking into account such factors as general underage children or real estate. However, such divorce form documents as "Summons", and the “Divorce Complaint” need to be filled in anyway.
If you encounter difficulties in completing the Mississippi divorce papers, you can always use the service of Online Divorce. We will help you fill out all the necessary forms online, and we also guarantee that all the papers will be filled correctly, as required by the courts of Mississippi. Online Divorce will help you avoid difficulties and delays while filling out your Mississippidivorceforms. With the help of Online Divorce you will save time, nerves and money in the process of termination of your marriage.
Uncontested Divorce in Mississippi
In Mississippi, there is a simplified divorce procedure, which is called an uncontested divorce. This type of divorce implies that you and your spouse have come into agreement on such issues as custody of the child, separation of property, financial support for the child, alimony, medical insurance of children, tax payments and any other issues that may be relevant to your marriage. Please note that if at least one question remained unresolved and you could not come to a single solution that would satisfy all parties, then the decision will be made in the courtroom. Despite the fact that an uncontested divorce is more simple procedure for divorce in Mississippi, you still need to fill in the divorce form documents. Thus, you need to take the most responsible approach to filling out your forms. Please note that at any time you can initiate an online divorce in Mississippi just by using our service. With our help, you will not need to worry about preparing divorce form documents, our service will provide you all the necessary papers that you will only need to file in the court.
How to Serve Divorce Papers in Mississippi
You are required to notify your spouse of the commencement of the divorce proceedings and provide him with all the documents for the divorce that you filed to the court. This is called serving your case.
You can do this by:
1) ask the spouse or his attorney to fill out the form "Answer and Waiver of Service";
2) ask the sheriff to provide documents to your spouse;
3) use a private process server serve your spouse;
4) using "constructive service" - in a printed form to notify your spouse by posting a message in the newspaper for 30 days;
The simplest option is the first - to ask your spouse or his lawyer to fill out the appropriate form. However, if you do not know the location of your spouse, then you should publish a message about initiating a divorce in a local newspaper, this will be considered by the court as sufficient evidence that you serve your spouse.
You may also hire a process server, who can be anyone over 18 who is not a party to your divorce process. Once the server has delivered the complaint to your spouse, he or she must then return to the court clerk and make a note in your court docket that your spouse has been served.
If you and your spouse are in agreement on all terms of the divorce in Mississippi, the court will finalize the divorce case fairly quickly. If you are not in agreement with your spouse,and have to argue a case in front of the court, you can expect it to take much longer.
Total fees will contain sum of Mississippi court filing fees and cost of using the service of online divorce in Mississippi. This cost may vary by county. Please check with your local court officer to determine the exact amount.