Mississippi recognizes 13 reasons for which you may file for divorce. These reasons are:
- Natural impotency
- Being sentenced to prison
- Desertion for one year
- Habitual drunkenness
- Habitual and excessive use of illicit drugs
- Habitual cruel and inhuman treatment,
- Insanity or idiocy at the time of marriage
- Marriage to another person at the time of the marriage
- Pregnancy of the wife by another person at the time of the marriage
- Being related to your spouse “within the degrees of kindred”
- Incurable insanity and confinement in an institution for the insane for a period of at least three years
- Irreconcilable Differences
Of the 13 reasons for which a party may file for divorce, the first 12 are considered “faults”. You must prove the fault in court. Irreconcilable differences is considered “no fault” and considered to be uncontested. However, both parties must agree that the marriage cannot be saved. Otherwise, the divorce is considered to be contested.
In Mississippi, a divorce must be filed in the county where the person you are filing for divorce against lives. If you are separated, you cannot file in the county where you live unless the defendant lives in the same county. You must have lived in Mississippi for a minimum for six months before you file for divorce.
To file an uncontested divorce based on irreconcilable differences, both parties must agree that the marriage is over and must agree on all issues including child support (if applicable), division of assets, and division of debts. A petition for divorce must be filed. An agreement making sufficient and adequate provisions for support and maintenance of any minor children, division of all property and indebtedness and any other issues must be signed by both parties. The court will review and must approve the terms of the agreement. The agreement is incorporated in the terms of the divorce.
Mississippi is one of the few states that does not provide free printable self-help divorce forms. You must obtain the forms from the Chancery Court Clerk’s office in the county where you’ll be filing for divorce. If you and your spouse live in different counties, you must file for divorce in the county in which your spouse lives.
Feel like you need a divorce lawyer? Visit our Divorce Lawyers in Mississippi page.