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Mississippi Divorce Laws

Mississippi has following divorce laws:

Residency

As per Mississippi divorce laws, it is important to have awareness of the residency requirements before filing for divorce. In order to file for divorce either you or your spouse must have been a resident for at least 6 months. The process of dissolution must be carried out in the state where either of the spouses resides.

Documents Required for Filing Divorce

The essential documents needed to start and finalize a divorce according to Mississippidivorce laws are:
  • Bill of Complaint for Divorce
  • Decree of Divorce

Distribution of Property

According to the Mississippi divorce laws, it is a "title" state. This means that if the spouses have title to specific pieces of property in their own name, they are permitted to have a hold of their property after the dissolution. State laws also provide for the "equitable" distribution of the marital property of the marriage at the time of the final divorce between the parties for property that is not titled individually.

Change of Name or Restoration of name

After the proper dissolution in Mississippi, each spouse can claim for a name change.

Mediation Counseling

After a motion for divorce is filed a judge may determine that there is a chance of reconciliation and may order mandatory mediation for the spouses. Also one of the spouses may tell the court they think, things can be worked out and may ask the court to have a hearing to see if the marriage is truly irretrievable. If one of the parties disagrees with the filing or the court concludes that there is a chance for the marriage to be repaired and there are minor children, the court may delay the proceedings for 30-60 days to make an attempt at reconciliation.

Alimony

Alimony is in the process of great change because of certain variations in law and society. Under recent changes in the divorce laws, the court doesn’t see the fault of a spouse in causing a divorce, but considers the cause of separation, upon which alimony is awarded. Spousal support is not awarded to punish a guilty spouse but rather to lessen the financial impact of divorce on the other spouse.

Child Custody

Child custody is the most essential issue in most divorces. The divorce courts in Mississippi State grants child custody in the best interests of the child. The reason of awarding Custody is not as a reward or as punishment but rather to the one most adaptable to the task of caring of the child. The court will normally set visitation rights if the parents cannot voluntarily agree.

Child Support

According to Mississippi divorce laws, the party not having custody will be called upon to contribute to the support of the minor child. Both the father and the mother, or both will have the obligation. The court may use the state Child Support Guidelines for determining child support amount, but can deviate from these guidelines in right circumstances.

Contact a professional divorce attorney or divorce lawyer for comprehensive divorce laws information of your state.

 
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