Divorce Guide

Divorce Guide

Mississippi No Fault Divorce

According to MS no-fault divorce laws, one may file for divorce on the grounds of “no-fault” grounds where none of the spouses need to prove to the court that the other spouse had committed a “wrong doing”. Thus, the blame-game is not necessary in this case. If a spouse states in the divorce that the marriage has “irretrievably broken down” owing to “incompatibility of differences”, then the courts grant them divorce.

Choosing between “fault” grounds and “no-fault” grounds

As the state of Mississippi is a mixed state, one can file divorce on the basis of “fault’ grounds or “no-fault grounds”. The fault grounds to get a divorce are:

  • Adultery,
  • Impotence
  • Incest
  • Cruel treatment of the spouse
  • Willful desertion for a year.
  • Alcoholic/drug abuse
  • Incarceration
  • Insanity

Many people file for “no-fault” grounds to get divorce even if there is substantial “wrongdoing” because they wish to avoid the court battles which arise in proving the “fault” grounds. They would not like to face the antagonizing moments and if there are children involved in the marriage, then they would try to avoid the children to be witnesses of such hassles of courts. You may choose to file the case of divorce on “fault” basis, if you are sure to gain an edge over the matter of child custody or property division owing to the “fault” factors of the other spouse. If proving the allegations are presumed to be difficult then it is better to file on “no-fault” grounds. The process of divorce is much quicker then and also takes less amount of money.

Residential requirements in MS no-fault divorce

One can file from any county in the state of Missouri if one happens to be staying in that state for the last 6 months prior to filing the divorce case.

Property division in MS no-fault divorce

Earlier the state of Mississippi was “Titling” property distribution state. Meaning the property would be awarded on the basis of the “title” or on the spouse on whose name the property is titled or named after. But soon, this process of property division after divorce has been found to be rather unfair. Now-a-days, courts are going along the route of “equitable property division” state, where the property would be divided among the spouses based on the financial needs of the spouses, length of the marriage, and tax consequences of the property, market value of the property and the financial capabilities of the spouses.

Child custody in MS no-fault divorce

In most of MS no-fault divorce cases, parents are willing to settle the matter of child custody “outside the court”. But if the parents are unable to reconcile on this matter, then courts would intervene. The matter of child custody and child support is settled based on the child custody guidelines of the state of Mississippi. The courts always try to keep the “best interest of the child” as their top most priority. The welfare and security of the child should not be affected as a result for custody decisions. A child above the age of 12 years is generally asked about the decision of parental preference.

Spousal support in MS no-fault divorce

Not all divorce cases need to be supported with spousal support. No-fault divorce laws in Mississippi specify that spousal support would be extended on permanent or temporary basis depending on the financial requirements of the spouses. In most of the no-fault divorce cases, spouses try to settle the matter of spousal support by themselves. If there are still disputes over the matter, then courts would intervene.

One can choose to contest his/her own divorce case, if one is sure of the divorce laws and preferably the divorce case is “uncontested one”. Otherwise it is always advisable to hire a reputed attorney who can help in settling the matter of divorce and related matters.

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