Mississippi Divorce Law Residency Requirements for Divorce in Mississippi

One of the spouses must have been a resident for at least 6 months and not have secured residency for the purpose of obtaining a divorce. A member of the armed services and his or her spouse are considered residents if stationed in Mississippi. A divorce on the grounds of irreconcilable differences should be filed for in:

1. The county where either spouse resides, if both spouses are residents of Mississippi
2. The county where 1 spouse resides if the other spouse is a non-resident of Mississippi

1. The county where the defendant resides if he or she is a resident of Mississippi
2. The county where the plaintiff resides if the defendant is a non-resident of Mississippi
3. The county where the spouses last lived prior to separating, if the defendant is still a resident of Mississippi

[Mississippi Code Annotated; Section 93, Chapters 5-5 and 5-11].

Legal Grounds for Divorce in Mississippi

1. No Fault Divorce: Irreconcilable differences. See also below under Simplified or Special Divorce Procedures.
[Mississippi Code Annotated; Section 93, Chapters 5-1, 5-2, and 5-7].
2. General Divorce:
1. Impotence
2. Adultery
3. Imprisonment
4. Alcoholism or drug addiction
5. Confinement for incurable insanity for at least 3 years before the divorce is filed
6. Wife is pregnant by another at the time of marriage without husband's knowledge
7. Willful desertion for at least 1 year
8. Cruel and inhuman treatment
9. Spouse lacked mental capacity to consent
10. Incest
In addition, an affidavit must be filed stating that there is no collusion between the spouses.
[Mississippi Code Annotated; Section 93, Chapters 5-1 and 5-7].

Legal Separation in Mississippi
There are no provisions in Mississippi for legal separation.

Simplified/Special Divorce Procedures in Mississippi
A no-fault divorce on the grounds of irreconcilable differences will be granted if:

1. A joint bill of complaint for divorce is filed by both the husband and wife
2. A bill of complaint has been filed and:
1. The defendant has entered an appearance by written waiver of process
2. has been personally served with the divorce papers

In addition, if there is a written agreement between the spouses for the care and custody of any children and for the division of all property, the court may incorporate such an agreement into the divorce judgment. If the spouses cannot agree on the terms of an agreement, they must consent to the divorce in writing and consent to allow the court to decide all contested issues. There is a 60-day waiting period after filing before a hearing may be scheduled. A bill filed meeting these qualifications will be taken as proved and no testimony or proof will be required at the hearing. However, if the defendant denies that there are irreconcilable differences, the divorce may not be granted on these grounds.
[Mississippi Code Annotated; Section 93, Chapter 5-2].

Divorce Mediation or Counseling Requirements
There is no legal provision in Mississippi for mediation.

Divorce Property Distribution
Mississippi is a "title" state. Each spouse retains his or her property for which they have title. There are no statutory provisions in Mississippi for considerations regarding property division. However, Mississippi has judicially adopted the "equitable division" systems of property division. Recent court decisions have allowed for a wife's contributions to the acquisition of assets to provide the court with authority to divide any jointly accumulated assets on an "equitable" basis. A 1994 case (Ferguson v. Ferguson) spelled out a set of factors for the equitable division of marital property:

1. A spouse's substantial contribution to the accumulation of property
2. The degree to which a spouse has previously expended or disposed of any marital property
3. The market and emotional value of the property in question
4. The value of any non-marital or separate property
5. The tax consequences of the division of property
6. The extent to which property division may eliminate the need for alimony or any other future friction between the parties
7. The needs of the party, considering income, assets, and earning capacity
8. Any other equitable factors

[Mississippi Case Law].

Alimony and Spousal Support
Either spouse may be awarded maintenance if it is equitable and just. There are no other factors for consideration specified in the statute. However, a 1996 case (Parsons v. Parsons) spelled out a set of factors for consideration:

1. The spouses' income and expenses
2. The spouses' health and earnings
3. The spouses' needs, obligations, and assets
4. The presence of any children
5. The spouses' ages
6. The standard of living during the marriage
7. Any tax consequences
8. Any marital fault
9. Any wasteful dissipation of assets
10. Any other just and equitable factors

[Mississippi Code Annotated; Section 93, Chapter 5-23 and Mississippi Case Law].

Spouse's Name After Divorce
Either spouse may petition the court for a name change.
[Mississippi Code Annotated; Section 93, Chapter 17-1].

Child Custody After Divorce
Joint or sole child custody is awarded based on the best interests of the child. There are no specific factors for consideration in the statute. The court may award:

1. Joint physical and legal custody to 1 or both parents
2. Physical custody to both parents and legal custody to 1 parent
3. Legal custody to both parents and physical custody to 1 parent
4. Custody to a third party if the parents have abandoned the child or are unfit

If irreconcilable differences are the grounds for divorce, joint custody may be awarded if both parents apply for joint custody. If both parents apply for joint custody, there is a presumption that joint custody is in the best interests of the child. Otherwise, either parent may apply for joint custody. If both parents are fit and the child is 12 or older, the child may choose the parent he or she wishes to live with. If child abuse is alleged by either parent, the court shall order an investigation by the Mississippi Department of Public Welfare.
[Mississippi Code Annotated; Section 93, Chapters 5-23, 5-24, and 11-65].

Child Support After Divorce
Child support may be ordered as the court finds just and equitable. Where both parents have income or estates, each parent may be ordered to provide support in proportion to his or her relative financial ability. A parent may be required to provide health insurance coverage for the child, if such insurance coverage is available at a reasonable cost through an employer or organization. A bond or sureties may be required to guarantee payments. There are specific child support guidelines contained in the statute.
[Mississippi Code Annotated; Section 93, Chapters 5-23 and 11-65 and Section 99, Chapter 19-101].

Continue to Missouri Divorce Laws

How to reduce Legal Fees in Divorce
By Maury D. Beaulier

How To Reduce Your Legal Fees

Simply by being organized and remaining actively involved in your case you may significantly reduce your legal fees. Your lawyer will provide you with a number of documents received during the proceeding. This may include correspondence, court notices or other legal documents. Not every document you receive will require you to respond. Additionally, you may not understand every document you receive. However, it is very important to review each piece of information and to contact your lawyer with any questions.

To facilitate communication with your lawyer, it is important that you maintain a complete file at your residence. You may wish to use an expandable file pocket with individual folders for different types of documents. The initial folders you should have would include a correspondence folder for letters and memos; a "Pleadings" folder for any legal documents (these documents usually include a court caption). Maintaining a separate and organized file at your residence will allow you to review documents with your attorney by telephone saving you’re the time and expense of an in office appointment.

Even more important, during your legal proceeding you may be asked to provide documents, answer interrogatory questions or complete other court related forms. In providing the necessary information it is important that you understand what information is being requested and to follow your lawyers instructions to the letter in completing any forms. Do not hold back information. Assume that any information requested is necessary unless you are informed otherwise by your lawyer. If you provide disorganized or incomplete information, your attorney may spend a number of hours sorting through paperwork at an hourly rate. This can be avoided.

You should also keep a notebook of any issues and questions that you have for your attorney noting the date of your question or issue in your notebook. When you have a sufficient number of issues or questions, you should contact your attorney for answers. By waiting until you have a number of questions at one time, you may significantly reduce your legal fees. You should contact your attorney immediately in the event of any emergency. However, you should ask yourself, "Is this an emergency? And what can my lawyer do about it?" For example, a child is returned twenty minutes late from visitation is an unlikely emergency. Moreover, there is very little immediate impact your lawyer can have after the fact. Write down the information and provide to your lawyer at a convenient time.

What if My Attorney Will Not Return My calls?

This is often a common complaint in a divorce.  You must remember that oftentimes attorneys are busy in court, preparing documents on cases or meeting with other clients.  It is important that your attorney organize his or her day to complete necessary tasks.  If you have trouble reaching your lawyer you have several options.

• Contact the lawyers legal assistant to schedule a time on your lawyer's calendar where you can have a telephone conference. In that way you are guaranteed to have a time when you are both available.

• Find alternative methods to discuss your issues. E-mail can be an important tool which allows a lawyer to respond on a regular basis when he/she has time in their schedule. Moreover, the e-mail with specific questions will be present on their computer.

• Schedule meetings before any important court hearings to discuss strategy. Do not wait for your lawyer to contact you.  

Your lawyer is not a therapist and should not be used to unload your emotional issues. Though most lawyers, are trained to listen and lend a sympathetic ear, they are also on the clock and billing you for their time. You are far better off to find a professional therapist to help you through issues of separation, anger and resentment. They will help you to resolve those issue and may provide that help under an insurance policy or on a sliding fee scale.

Listen to your lawyer and focus on the legal issues of your case. All too often, divorce costs are driven up by emotional issues that do not relate to the legal issues. This can have a costly impact particularly when you spend hundreds of dollars on attorney’s fees seeking items that are far less valuable and can be replaced. There are many examples where hundreds and even thousands of dollars have been spent to argue about couches, chairs, frying pans, dogs and cats. These items are replaceable. In property disputes, ask yourself "do I really want this item, or am I simply asking for it because it will hurt my spouse." Use the divorce process to "get out" not to "get even."

Hiding assets and delaying the proceedings may result in higher legal fees. A Court has the ability to require you to pay your spouse’s legal costs if it believes that you have contributed unreasonably to the length and delay of the proceedings.