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Divorce Guide |
Mississippi Divorce RightsAll the fifty states of the USA have their own divorce laws and the citizens of all these fifty states have their own divorce related rights. The residency requirement however is the first condition so as to file a divorce case a particular state. Mississippi also has its own divorce related rights for its citizens. A spouse in order to file a case for the dissolution of marriage in Mississippi has to be a resident of the state for at least six months before filing a case. A person serving the armed forces can also file case in Mississippi if he/she is stationed in the state. There are a number of grounds under which a spouse can initiate the charge. These grounds have been divided into two categories: Fault and No-Fault. According to section 93, chapter 5 of the Mississippi code, the bill of complaint for divorce could be filed in any of the counties where either of the spouses resides. The case where the marriage is considered to have been irretrievably broken down due to irreconcilable differences is categorized under the No-Fault ground. The Fault ground category on the other hand includes many other reasons of the divorce such as impotency, wife’s pregnancy by a person other than the husband, adultery, inhuman and cruel treatment, mental incapacity of either of the spouses, drug addict etc. In Mississippi, the person who initiates the filing procedure of the case is known as complainant and the person who receives the notice is called as defendant. Chancery court of the county concerned is instituted as the court where a spouse can file the divorce case. Soon after filing the case, the court assigns a case number and the name of the court appears on the top of all the documents of the case. Some of the important documents required while filing a case in Mississippi are, bill of complaint and divorce, marital settlement agreement, request for hearing and an affidavit regarding children. Whenever a minor child is involved in the case, the court takes all the necessary steps so as to keep the child away from all the prospective physical and emotional traumas. The county court of Mississippi delivers the judgment as per the guidelines mentioned in the Mississippi child support. Child support, child custody, spousal support and the distribution of the property is discussed after taking into account a lot of factors. Mississippi being a Title Property State, each spouse gets the possession of the property which is in his/her name. Over the years however, various judges have discouraged this tendency and have delivered the judgment on the basis of the principle of equitable distribution of property.
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