Sunday, February 6, 2011

Mississippi Divorce Laws


One of the spouses must be a resident of Mississippi for at least six months before a divorce can begin, and the chancery court has jurisdiction over divorce suits. A divorce based on irreconcilable differences can begin in the county where he resides. A divorce based on fault grounds must be filed in the county where the plaintiff resides if the defendant is resident outside the State cannot be identified or may be filed in the county where the defendant lives if that party is a resident of this State. [Based on Mississippi code, title 93, section 93-5-5-93-5-11]


Mississippi allows a divorce granted due to irreconcilable differences if both parties agree. Complaint for divorce on the ground of irreconcilable differences must be on file for sixty (60) days before being heard. Divorce can be granted for the following reasons of failure:

Natural impotence. Adultery, unless it should appear that it was committed by collusion of the parties for the purpose of obtaining a divorce, or the parties cohabited after knowledge by the complainant of adultery. Being condemned any penitentiary and not pardoned before being sent there. Obstinate, stubborn desertion and continued for the space of a year. Habitual drunkenness or habitual and excessive use of opium, morphine or other such drugs. Habitually cruel and inhumane. Insanity at the time of the marriage, if this infirmity, I do not know the party complaining. Bigamy. Pregnancy of the wife by another person at the time of the marriage, if the husband did not know of such pregnancy. Relationship to each other within the degrees of kindred, including marriage is forbidden by law. Incurable insanity.

[Based on Mississippi code, title 93, section 93-5-1 and 93-5-2]


Mississippi State has a fair distribution, with the added twist that each spouse retains its property for which he or she is entitled, but jointly entitled property will be equally divided by the Court. If you dispute the settlement of property, the Division of property is up to the judge.


The Court may order the maintenance and foods of the wife or husband or any compensation to you or him and must, if necessary, require bonds, performance bonds or other security for the payment of the amount so allowed. [Based on Mississippi code, title 93, section 93-5-1 and 93-5-23]


There is no law directly addressing changing the name of a spouse upon divorce, but each spouse has the right to petition the Court for a change of name.


If the parents cannot come to a mutual agreement on custody, the Court must base its decision on the best interests of the child. There is no presumption that both parents are more suitable for housing on the basis of sex. In making an order for custody of both parents or both parents jointly, the judge may require parents to submit a plan for the implementation of the custody order. If custody is disputed, there shall be a rebuttable presumption that is harmful to the child and not in the best interests of the child to be placed in the exclusive custody, joint legal custody or joint custody of Physics of a parent who has a history of family violence perpetration. [Based on Mississippi code, title 93, section 93-5-24]


Mississippi uses the model of income shares as the basis for determining child support. When you test shows that both parents have separated income or estates, the Court may require that each parent contributes to the support and maintenance of the children of the marriage in proportion to the financial capacity of each. The duty to support a child ends when the emancipation of the child. [Based on Mississippi code, title 93, section 93-5-23]

View the original article here

No comments:

Post a Comment